OpenLegislation

Paragraph 9 I1I2

United Kingdom

(1)

Information held by or on behalf of a person mentioned in sub-paragraph (2) may be disclosed to an enforcement authority on whom powers are conferred under section 142 where—

(a)

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

(b)

the information is disclosed for the purpose of the exercise by the enforcement authority of any powers conferred on it under that section in relation to that offence.

(2)

The persons are—

(a)

the Crown Prosecution Service,

(b)

a member of a police force in England or Wales,

(c)

a Procurator Fiscal,

(d)

a constable of F1the Police Service of Scotland,

(e)

the Public Prosecution Service for Northern Ireland, or

(f)

a member of the Police Service of Northern Ireland.

(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

F3(b)

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.

F4(7)

In this paragraph, “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

Words in Sch. 10 para. 9(2)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 62(3)

F2

Words in Sch. 10 para. 9(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 160(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3

Sch. 10 para. 9(5)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 24(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

F4

Sch. 10 para. 9(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 160(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement

I1

Sch. 10 para. 9 partly in force; Sch. 10 para. 9 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I2

Sch. 10 para. 9 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(b)