Section 45 Offences under sections 42 and 44: supplementary provisionI1I2
Nothing in section 42 makes the disclosure of a Level 2 disclosure an offence where the disclosure is—
by the individual who is the subject of the Level 2 disclosure,
by any other person with the consent of the individual who is the subject of the Level 2 disclosure,
to an office-holder in the Scottish Administration or a government department,
to a statutory office-holder,
in accordance with any obligation to provide information imposed by virtue of any enactment,
for any other prescribed purpose.
Nothing in section 44 makes the use of a Level 2 disclosure for a purpose other than a permitted purpose an offence where the use is—
by the individual who is the subject of the Level 2 disclosure,
by any other person with the consent of the individual who is the subject of the Level 2 disclosure,
by an office-holder in the Scottish Administration or a government department,
by a statutory office-holder,
in accordance with any obligation to provide information imposed by virtue of any enactment,
in any other prescribed circumstances.
In this section and sections 42, 43 and 44(3), references to a Level 2 disclosure include references to any information contained in a Level 2 disclosure.
Annotations
Commencement
- I1
S. 45 in force at 30.9.2024 for specified purposes by S.S.I. 2024/242, reg. 2, sch.
- I2
S. 45 in force at 1.4.2025 in so far as not already in force by S.S.I. 2025/27, reg. 3(1)(2), sch.