Sexual Offences Act 2003

94 Part 2: supply of information to Secretary of State etc. for verification U.K.

(1) This section applies to information notified to the police under—

(a) section 83, 84 or 85, or

(b) section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—

(a) the Secretary of State,

F1 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a Northern Ireland Department, or

(c) a person providing services to the Secretary of State F2 ... or a Northern Ireland Department in connection with a relevant function,

for use for the purpose of verifying the information.

(3) The persons are—

(a) a chief officer of police (in Scotland, [F3 the chief constable of the Police Service of Scotland]),

[F4 (b) the National Policing Improvement Agency,]

[F5 (c) the Serious Organised Crime Agency.]

(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—

(a) checking its accuracy by comparing it with information held—

(i) where the person is the Secretary of State F6 ... or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or

(ii) where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and

(b) compiling a report of that comparison.

(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).

(6) This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c. 29).

(7) This section does not affect any power existing apart from this section to supply information.

(8) In this section—

• “Northern Ireland Department” means the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;

• “relevant function” means—

  (a)

  a function relating to social security, child support, employment or training,

  (aa)

  F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (b)

  a function relating to passports,

  (c)

  a function under Part 3 of the Road Traffic Act 1988 (c. 52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

Textual Amendments

F1 S. 94(2)(aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(a)

F2 Words in s. 94(2)(c) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(b)

F3 Words in s. 94(3)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 43

F4 S. 94(3)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1(3), 53, Sch. 1 para. 90; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)

F5 S. 94(3)(c) substituted for s. 94(3)(c)(d) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 194; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F6 Words in s. 94(4)(a)(i) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(c)

F7 S. 94(8) definition of “relevant function” para. (aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 68(d)