{
  "url": "https://openlegislation.uk/disclosure-scotland-act-2020/section-45",
  "json_url": "https://openlegislation.uk/disclosure-scotland-act-2020/section-45.json",
  "legislation": "asp/2020/13",
  "legislation_title": "Disclosure (Scotland) Act 2020",
  "legislation_url": "https://openlegislation.uk/disclosure-scotland-act-2020",
  "path": "section/45",
  "kind": "section",
  "number": "45",
  "heading": "Offences under sections 42 and 44: supplementary provision",
  "text": "(1) Nothing in section 42 makes the disclosure of a Level 2 disclosure an offence where the disclosure is—\n(a) by the individual who is the subject of the Level 2 disclosure,\n(b) by any other person with the consent of the individual who is the subject of the Level 2 disclosure,\n(c) to an office-holder in the Scottish Administration or a government department,\n(d) to a statutory office-holder,\n(e) in accordance with any obligation to provide information imposed by virtue of any enactment,\n(f) for any other prescribed purpose.\n(2) 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—\n(a) by the individual who is the subject of the Level 2 disclosure,\n(b) by any other person with the consent of the individual who is the subject of the Level 2 disclosure,\n(c) by an office-holder in the Scottish Administration or a government department,\n(d) by a statutory office-holder,\n(e) in accordance with any obligation to provide information imposed by virtue of any enactment,\n(f) in any other prescribed circumstances.\n(3) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 45 in force at 30.9.2024 for specified purposes by S.S.I. 2024/242, reg. 2, sch."
    },
    {
      "type": "I",
      "label": "I2",
      "text": "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."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2020/13/section/45",
    "retrieved_at": "2026-10-29T20:12:45.762032+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}