(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5 [F1or 8].
(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3)But nothing in this section authorises the making of a disclosure—
(a)which contravenes [F2the data protection legislation];
(b)which is prohibited by [F3any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(4)This section does not affect a power to disclose which exists apart from this section.
(5)These are permitted persons—
(a)a constable;
[F4(b)[F5[F6the National Crime Agency] but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act];]
(d)the Director of the Serious Fraud Office;
(e)the Commissioners of Inland Revenue;
(f)the Commissioners of Customs and Excise;
F7(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the Director of Public Prosecutions;
(h)the Director of Public Prosecutions for Northern Ireland.
[F8(i)the Financial Conduct Authority.]
(6)The Scottish Ministers may by order designate as permitted persons other persons who exercise functions which they believe are of a public nature.
(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.
(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
Textual Amendments
F1Words in s. 439(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(2) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F2Words in s. 439(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 83 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F3Words in s. 439(3)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F4S. 439(5)(b) substituted for s. 439(5)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 177; S.I. 2006/378, art. 4(1), Sch. para. 10
F5Words in s. 439(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 135(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F6Words in s. 439(5)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 147; S.I. 2013/1682, art. 3(v)
F7S. 439(5)(fa) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 30
F8S. 439(5)(i) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(3) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
Commencement Information
I1S. 439 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I2S. 439 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.