Section 16 Restriction upon disclosure of information

Scotland

(1)

Except as permitted by subsection (2), the Commissioner or the staff of, or any other person appointed by, the F1Commissioner shall not disclose any information contained in the complaint or any information which is furnished to or obtained by them in the course of, or for the purposes of, an investigation into that complaint.

(2)

Such information may be disclosed for the purpose of—

(a)

enabling or assisting the Commissioner F2... to discharge any functions imposed or conferred upon the Commissioner F3... by virtue of any provision in this Act or in any other enactment or in the standing orders, including, in particular, the making of any report to the Parliament; or

(b)

the investigation or prosecution of any offence or suspected offence.

Annotations

Textual amendments

F1: Word in s. 16(1) substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, Sch. 2 para. 13(a) (with Sch. 4 para. 3)
F2: Words in s. 16(2)(a) omitted (1.7.2013) by virtue of The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, Sch. 2 para. 13(b)(i) (with Sch. 4 para. 3)
F3: Words in s. 16(2)(a) omitted (1.7.2013) by virtue of The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, Sch. 2 para. 13(b)(ii) (with Sch. 4 para. 3)