Section 95 Part 2: supply of information by Secretary of State etc.

United Kingdom

(1)

A report compiled under section 94 may be supplied by—

(a)

the Secretary of State,

F1(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a Northern Ireland Department, or

(c)

a person within section 94(2)(c),

to a person within subsection (2).

(2)

The persons are—

(a)

a chief officer of police (in Scotland, F2the chief constable of the Police Service of Scotland),

F3(b)

the Serious Organised Crime Agency.

(3)

Such a report may contain any information held—

(a)

by the Secretary of State F4... or a Northern Ireland Department in connection with the exercise of a relevant function, or

(b)

by a person within section 94(2)(c) in connection with the provision of services referred to there.

(4)

Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—

(a)

may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and

(b)

may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.

(5)

Subsections (5) to (8) of section 94 apply in relation to this section as they apply in relation to section 94.

Annotations

Textual amendments

F1: S. 95(1)(aa) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(a)
F2: Words in s. 95(2)(a) 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. 43
F3: S. 95(2)(b) substituted for s. 95(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 195; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
F4: Words in s. 95(3)(a) omitted (1.8.2012) by virtue of The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 69(b)

Notes on Part 2

Modifications

C1: Pt. 2 applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 352(2)(b)(3), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
C2: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 18(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C3: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 35(3)(4), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)
C4: Pt. 2 applied (with modifications) (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 38(4)-(6), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)