C1C2C3C4Part 2Notification and orders

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

Information for verification

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

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,

F1aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, F5the chief constable of the Police Service of Scotland),

F6b

the Director General of the National 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 F3... 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 F7the data protection legislation.

7

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

8

In this section—

  • F8“ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

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

  • “relevant function” means—

    1. a

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

    2. aa

      F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. b

      a function relating to passports,

    4. 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)).