Commentary on Sections Schedule 7: Information: restrictions on disclosure Part 3: Restrictions on further disclosures of information
245.Paragraph 6 (onward disclosure restrictions) Sub-paragraph (1) provides that if an NCA officer has disclosed information to a person (“the original recipient”), that person must not further disclose the information unless it is for a purpose connected with any relevant function of the original recipient or otherwise for a permitted purpose (as defined in section 16(1)). The Director General must also consent to the disclosure. Sub-paragraph (2) provides that the onward disclosure restrictions set out in sub-paragraph (1) will not apply if paragraph 7 or 8 of the Schedule applies, or if the original recipient of the information was the Lord Advocate exercising functions under Part 3 of the POCA or Scottish Ministers exercising functions under or in relation to Part 5 of the POCA. Sub-paragraph (3) defines the term “relevant function” which is referred to in this paragraph.
246.Paragraph 7 (onward disclosure by the Commissioners). Sub-paragraph (1) provides that this provision applies to information disclosed by an NCA officer under section 7(7) to the Commissioners. Sub-paragraph (2) provides that the information may be further disclosed by the Commissioners only if the disclosure is for a purpose connected with any relevant function of the Commissioners or otherwise for a permitted purpose (as defined in section 16(1)). Sub-paragraph (3) provides that the information may only be further disclosed by a person other than the commissioner if the disclosure is for a purpose connected with any relevant function of the Commissioners or otherwise for a permitted purpose, and if the Director General consents to the disclosure.
247.Paragraph 8 covers restrictions on the further disclosure of information obtained by the NCA under Part 6 of the POCA, which may be disclosed by an NCA officer under section 7(7) of the Act.