Schedules

Schedule 10Further provision about fixed monetary penalties under section 142

Disclosure of information

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1

Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where—

a

the person has an enforcement function in relation to an offence, and

b

the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.

2

The persons are—

a

the Crown Prosecution Service,

b

a member of a police force in England or Wales,

c

a Procurator Fiscal,

d

a constable of F1the Police Service of Scotland,

e

the Public Prosecution Service for Northern Ireland, or

f

a member of the Police Service of Northern Ireland.

3

It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into force of this paragraph.

4

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

5

Nothing in this paragraph authorises the making of a disclosure in contravention of—

a

F3the data protection legislation, or

F4b

any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

6

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

F27

In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).