Part 10Information

Scotland

I1I2441 Disclosure of information by Lord Advocate and by Scottish Ministers

1

Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 of Part 5 may be disclosed to the Scottish Ministers in connection with the exercise of any of their functions under that Part.

2

Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Part 3 or by or on behalf of the Scottish Ministers in connection with the exercise of any of their functions under Part 5 may be disclosed by him or by them if the disclosure is for the purposes of any of the following—

a

any criminal investigation which is being or may be carried out whether in the United Kingdom or elsewhere;

b

any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;

c

the exercise of the functions of the Lord Advocate under Part 3;

d

the exercise of the functions of the Scottish Ministers under Part 5;

e

the exercise by the prosecutor of functions under Parts 2, 3 and 4;

f

the exercise of the Director’s functions;

g

the exercise by a customs officer or a constable of his functions under Chapter 3 of Part 5;

h

safeguarding national security;

i

investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447;

j

the exercise of a designated function.

3

If the Lord Advocate makes a disclosure of information for a purpose specified in subsection (2) he may make any further disclosure of the information by the person to whom he discloses it subject to such conditions as he thinks fit.

4

If the Scottish Ministers make a disclosure of information for a purpose specified in subsection (2) they may make any further disclosure of the information by the person to whom they disclose it subject to such conditions as they think fit.

5

A person mentioned in subsection (3) or (4) must not further disclose the information in contravention of the conditions.

6

A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

7

But nothing in this section authorises the making of a disclosure—

a

which contravenes the Data Protection Act 1998 (c. 29);

b

which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

8

This section does not affect a power to disclose which exists apart from this section.

9

A designated function is a function which the Scottish Ministers think is a function of a public nature and which they designate by order.