Section 38 Duty to notify and provide information about victimsI1

(1)

A specified Scottish public authority must notify the chief constable of the Police Service of Scotland about a person who is, or appears to be, a victim of an offence of human trafficking or an offence under section 4.

(2)

A notification under subsection (1) relating to an adult must not include information that—

(a)

identifies the adult, or

(b)

enables the adult to be identified (either by itself or in combination with other information),

unless the adult consents to the inclusion of that information.

(3)

The Scottish Ministers may by regulations—

(a)

specify a Scottish public authority for the purposes of subsection (1),

(b)

make provision about information to be included in a notification.

(4)

After receiving a notification under subsection (1), the chief constable of the Police Service of Scotland must notify a person who may be specified by regulations made by the Scottish Ministers about the person who is, or appears to be, a victim of an offence of human trafficking or an offence under section 4.

(5)

A notification under subsection (4) relating to an adult must not include information that—

(a)

identifies the adult, or

(b)

enables the adult to be identified (either by itself or in combination with other information),

unless the adult consents to the inclusion of that information.

(6)

Regulations under subsection (4) may make provision about information to be included in a notification.

Annotations

Commencement

I1: S. 38 in force at 31.5.2016 for specified purposes by S.S.I. 2016/128, reg. 2, Sch.