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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

19Disclosure of information by the Agency
This section has no associated Explanatory Notes

(1)Information obtained by the Agency in connection with any of its functions may be disclosed by it if the disclosure is for any permitted purposes.

(2)“Permitted purposes” means the purposes of any of the following—

(a)the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

(b)the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;

(c)the exercise of any function conferred on the Agency by section 2 or 17 (so far as not falling within paragraph (a) or (b));

(d)the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);

(e)the exercise of any functions under Chapter 1 of Part 2 of this Act or Part 2 of the Football Spectators Act 1989 (c. 37), or of any similar functions under the law of any part of the United Kingdom other than Scotland or England and Wales or of any country or territory outside the United Kingdom;

(f)the exercise of any function which appears to the Scottish Ministers to be a function of a public nature and which they designate by order.

(3)A disclosure under this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure; or

(b)any other restriction on the disclosure of information (however imposed).

(4)Information disclosed by the Agency under this section to any person or body must not be further disclosed except—

(a)for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by the Agency, or otherwise for any permitted purposes; and

(b)with the consent of the Agency.

(5)Consent under subsection (4) may be given—

(a)in relation to a particular disclosure; or

(b)in relation to disclosures made in circumstances specified or described in the consent.

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