Section 441: Disclosure of information by Lord Advocate and by Scottish Ministers, Proceeds of Crime Act 2002

Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 , 3A, 3C or 3F of Part 5 may be disclosed to the Scottish Ministers in connection with the exercise of any of their functions under that Part.

Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Part 3 or by or on behalf of the Scottish Ministers in connection with the exercise of any of their functions under Part 5 or 8 may be disclosed by him or by them if the disclosure is for the purposes of any of the following—

any criminal investigation which is being or may be carried out whether in the United Kingdom or elsewhere;

any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;

the exercise of the functions of the Lord Advocate under Part 3;

the exercise of the functions of the Scottish Ministers under Part 5 or 8;

the exercise by the prosecutor of functions under Parts 2, 3 and 4;

the exercise of the functions of the Director of Public Prosecutions, ... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland functions of a relevant authority, as defined by section 435(4), under, or in relation to, Part 5 or 8;

the exercise by a constable of his functions under Chapter 3 , 3A , 3B, 3C, 3D, 3E or 3F of Part 5;

safeguarding national security;

investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447;

the exercise of a designated function.

If the Lord Advocate makes a disclosure of information for a purpose specified in subsection (2) he may make any further disclosure of the information by the person to whom he discloses it subject to such conditions as he thinks fit.

If the Scottish Ministers make a disclosure of information for a purpose specified in subsection (2) they may make any further disclosure of the information by the person to whom they disclose it subject to such conditions as they think fit.

A person mentioned in subsection (3) or (4) must not further disclose the information in contravention of the conditions.

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

But nothing in this section authorises the making of a disclosure—

which contravenes the data protection legislation;

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

This section does not affect a power to disclose which exists apart from this section.

A designated function is a function which the Scottish Ministers think is a function of a public nature and which they designate by order.

Section 441: Disclosure of information by Lord Advocate and by Scottish Ministers

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