Section 66 Unlawful disclosure of confirmation of scheme membershipC1C2F16I1
A person to whom F1a confirmation of scheme membership is made available under section 54 commits an offence if the person discloses it to any other person.
A person does not commit an offence under subsection (1) by disclosing the F2confirmation of scheme membership—
to any of the person's employees,
where the person is not an individual, to any member or officer of the person, or
where the F3confirmation of scheme membership was made available for the purpose of enabling or assisting another person to consider a scheme member's suitability to F4carry out, or to be offered or supplied for, a regulated role—
to that other person,
to any of that other person's employees, or
where that other person is not an individual, to any member or officer of that other person.
An individual to whom F5a confirmation of scheme membership is disclosed lawfully by virtue of subsection (2)(a) or (b) or (4)(a) commits an offence if the individual discloses it to any other person.
An individual does not commit an offence under subsection (3) by disclosing the F6confirmation of scheme membership, in the course of the individual's duties—
to any other individual who is a member, officer or employee of the person to whom the F7confirmation of scheme membership was made available under section 54, or
where the F8confirmation of scheme membership was made available for the purpose of enabling or assisting another person to consider a scheme member's suitability to F9carry out, or to be offered or supplied for, a regulated role—
to that other person,
to any of that other person's employees, or
where that other person is not an individual, to any member or officer of that other person.
A person to whom F10a confirmation of scheme membership made available under section 54 is disclosed lawfully by virtue of subsection (2)(c)(i) or (4)(b)(i) commits an offence if the person discloses it to any other person.
A person does not commit an offence under subsection (5) by disclosing the F11confirmation of scheme membership—
to any of the person's employees, or
where the person is not an individual, to any member or officer of the person.
An individual to whom F12a confirmation of scheme membership made available under section 54 is disclosed lawfully by virtue of subsection (2)(c)(ii) or (iii), (4)(b)(ii) or (iii) or (6) commits an offence if the person discloses it to any other person.
An individual does not commit an offence under subsection (7) by disclosing the F13confirmation of scheme membership, in the course of the individual's duties, to any other individual who is a member, officer or employee of the person for whose purposes the F14confirmation of scheme membership was made available under section 54.
A person to whom F15a confirmation of scheme membership made available under section 54 is disclosed unlawfully commits an offence if the person discloses it to any other person.
Annotations
Textual amendments
- F1
Words in s. 66(1) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(a) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F2
Words in s. 66(2) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(b)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F3
Words in s. 66(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(b)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F4
Words in s. 66(2)(c) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F5
Words in s. 66(3) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(d) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F6
Words in s. 66(4) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F7
Words in s. 66(4)(a) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F8
Words in s. 66(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(e)(iii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F9
Words in s. 66(4)(b) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(c) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F10
Words in s. 66(5) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(f) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F11
Words in s. 66(6) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(g) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F12
Words in s. 66(7) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(h) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F13
Words in s. 66(8) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(i) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F14
Words in s. 66(8) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(i)(ii) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F15
Words in s. 66(9) substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(j) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
- F16
S. 66 title substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(37)(k) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.
Modifications
- C1
Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22
- C2
Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21
Commencement
- I1
S. 66 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)
Notes on Offences relating to confirmation of scheme membership
Textual amendments
- F1
S. 65 cross-heading substituted (1.4.2025) by Disclosure (Scotland) Act 2020 (asp 13), s. 97, sch. 5 para. 10(35) (with s. 96); S.S.I. 2025/27, reg. 3(1)(2), sch.