SCHEDULES

SCHEDULE 7Information: restrictions on disclosure

Part 3Restrictions on further disclosures of information

Information generally

I16

1

If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—

a

the disclosure is—

i

for a purpose connected with any relevant function of the original recipient, or

ii

otherwise for a permitted purpose, and

b

the Director General consents to the disclosure.

2

This paragraph does not apply to a further disclosure of information if—

a

paragraph 7 or 8 applies, or

b

the NCA officer's disclosure to the original recipient was a disclosure—

i

to the Lord Advocate for the purposes of the exercise of the functions of the Lord Advocate under Part 3 of PCA 2002, or

ii

to the Scottish Ministers for the purposes of the exercise of the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002;

and for provision about the further disclosure of such information, see section 441 of PCA 2002.

3

In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

I27

1

This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.

2

The information may be further disclosed by the Commissioners only if the disclosure is—

a

for a purpose connected with any relevant function of the Commissioners, or

b

otherwise for a permitted purpose.

3

The information may be further disclosed by a person other than the Commissioners only if—

a

the disclosure is—

i

for a purpose connected with any relevant function of the Commissioners, or

ii

otherwise for a permitted purpose, and

b

the Director General consents to the disclosure.

4

In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

I38

Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—

a

by the Lord Advocate to the Scottish Ministers, and

b

for the purpose of the exercise by the Scottish Ministers of their functions under Part 5 of PCA 2002.