Paragraph 28 F1

United Kingdom

(1)

Information held by or on behalf of—

(a)

the Crown Prosecution Service,

(b)

a member of a police force in England and Wales,

(c)

a Procurator Fiscal,

(d)

a constable of F2the Police Service of Scotland,

(e)

the Public Prosecution Service for Northern Ireland, or

(f)

a member of the Police Service of Northern Ireland,

may be disclosed to the Commission for the purpose of the exercise by the Commission of any powers conferred on them under or by virtue of this Schedule.

(2)

It is immaterial for the purposes of sub-paragraph (1) whether the information was obtained before or after the coming into effect of this Schedule.

(3)

A disclosure under this paragraph is not to be taken to breach any restriction on the disclosure of information (however imposed).

(4)

Nothing in this paragraph authorises the making of a disclosure in contravention of—

(a)

the F3the data protection legislation, or

(F4b)

any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(5)

This paragraph does not affect a power to disclose that exists apart from this paragraph.

F5(6)

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: Sch. 19C inserted (1.12.2010) by Political Parties and Elections Act 2009 (c. 12), ss. 3(2), 43(1), Sch. 2; S.I. 2010/2866, art. 3(c)(f) (with art. 6)
F2: Words in Sch. 19C para. 28(1)(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. 34
F3: Words in Sch. 19C para. 28(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 65(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F4: Sch. 19C para. 28(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 7 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F5: Words in Sch. 19C para. 28(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 65(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Notes on Schedule 19C

Modifications

C1: Sch. 19C modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 6(6)(7), 19(1), Sch. 9
C2: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 2(7) (with Sch. 2 para. 2(8)); S.I. 2016/69, reg. 2
C3: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 44(4) (with Sch. 1 para. 44(6)); S.I. 2016/69, reg. 2
C4: Sch. 19C modified by 2000 c. 41, Pt. 7 Ch. 2 (as modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 1 para. 37(1) (with Sch. 1 para. 37(2)); S.I. 2016/69, reg. 2)
C5: Sch. 19C modified (1.2.2016) by European Union Referendum Act 2015 (c. 36), s. 13(2), Sch. 2 para. 9(5) (with Sch. 9 para. 9(6)); S.I. 2016/69, reg. 2

Notes on Part 6

Modifications

C1: Sch. 19C Pt. 6 applied (1.11.2023) by Elections Act 2022 (c. 37), ss. 50, 67(1); S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
C2: Sch. 19C Pt. 6 applied (with modifications) (17.11.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 56, 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 1