C1SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)

Annotations:
Modifications etc. (not altering text)

Disclosure of information

I112

1

Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to the Scottish Ministers where—

a

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

b

the information is disclosed for the purpose of the exercise by the Scottish Ministers of any powers conferred on them under section 46 or 48 in relation to the offence.

2

The persons are—

a

a Procurator Fiscal,

b

a constable of F1the Police Service of Scotland.

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

F2the 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.

F37

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