Amendment to provision for sale of full register to government departments21

1

Regulation 112 of the 2001 Regulations shall be amended as follows.

2

In the heading after “government departments” insert “and other bodies”.

3

In paragraph (1) for “to a government department” substitute–

  • to–

    1. a

      a government department;

    2. b

      the Scottish Environment Protection Agency;

    3. c

      the Financial Services Authority; or

    4. d

      a body not falling within sub paragraphs (a) to (c) which carries out the vetting of any person for the purpose of safeguarding national security,

    other than a force or organisation to which regulation 108(1) applies.

4

For paragraph (2) substitute–

2

For the purposes of regulation 111(3), the relevant restrictions apply–

a

in the case of a body falling within sub paragraphs (a) to (c) of paragraph (1), except for the purpose of–

i

the administration of justice, the prevention and detection of crime and the enforcement of the criminal law (whether in Scotland or elsewhere);

ii

the vetting of employees and applicants for employment where such vetting is required pursuant to any enactment;

iii

the vetting of any person where such vetting is for the purpose of safeguarding national security; or

iv

supply and disclosure in accordance with paragraphs (3) to (6); and

b

in the case of a body falling within sub paragraph (d) of paragraph (1), except for the purpose of the vetting of any person where such vetting is for the purpose of safeguarding national security.

5

In paragraph (3), after “government department” insert “, other than one mentioned in regulation 108(1)(g) to (i),”.