OpenLegislation

Section 54 Disclosure of informationI1C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person may disclose information to a relevant authority for a purpose specified in subsection (2).

(2)

The purposes are purposes connected with any of these—

(a)

compliance with the code issued under section 32;

(b)

compliance with sections 35 to 44;

(c)

the carrying out of the functions of the Commissioner.

(3)

These are relevant authorities—

(a)

a person required to do anything under the code issued under section 32;

(b)

a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

F1(ba)

a provider of probation services,

(c)

the Commissioner;

(d)

an authority within the Commissioner’s remit.

(4)

The Secretary of State F2for Justice may by order—

(a)

amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;

(b)

amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.

(5)

The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.

(6)

The Secretary of State for Justice may exercise the power in subsection (4) only after consulting the Attorney General and the F3Secretary of State for the Home Department.

(7)

Nothing in this section authorises the making of a disclosure which contravenes F4the data protection legislation.

(8)

This section does not affect a power to disclose which exists apart from this section.

F5(9)

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

Annotations

Textual amendments

F1

S. 54(3)(ba) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(13)

F2

Words in s. 54 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)

F3

Words in s. 54 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)

F4

Words in s. 54(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5

S. 54(9) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 103(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications

C1

S. 54: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)

Commencement

I1

S. 54 wholly in force at 1.2.2010; s. 54 not in force at Royal Assent see s. 60; s. 54(1)(2)(a)(b)(3)(a)(b)(4)-(8) in force at 18.10.2005 by S.I. 2005/2848, art. 2(c); s. 54 in force so far as not already in force at 1.2.2010 by S.I. 2010/129, art. 2(e)

Notes on Part 3B

Textual amendments

F1

Pt. 3 Ch. 3 renumbered as Pt. 3B (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(3); S.I. 2026/918, reg. 2(b)(ii)

F2

Pt. 3B heading inserted (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(3); S.I. 2026/918, reg. 2(b)(ii)