Citation, commencement and extent

1. —(1) This Order may be cited as the Management of Offenders etc. (Scotland) Act 2005 (Disclosure of Information) Order 2010 and comes into force on 1st July 2010.

(2) This Order extends to England and Wales and Scotland only.

Interpretation

2. In this Order—

“the 2005 Act” means the Management of Offenders etc. (Scotland) Act 2005( 2 );

“the Commission” means the Child Maintenance and Enforcement Commission( 3 );

“offender” means a person falling within any paragraph of section 10(1) of the 2005 Act; and

“responsible authority” has the meaning given in section 10(7) of the 2005 Act.

Disclosure of information to the Secretary of State and the Commission

3. —(1) A responsible authority for the area of a local authority in Scotland may disclose information relating to an offender which it holds in connection with functionsunder section 10 of the 2005 Act to—

(a) the Secretary of State for the purpose referred to in paragraph (2), or

(b) the Commission for the purpose referred to in paragraph (3).

(2) The Secretary of State may use information disclosed under paragraph (1)(a) for the purpose of managing risks posed by that offender which may arise in connection with the exercise of any function of the Secretary of State relating to—

(a) social security, or

(b) employment and training.

(3) The Commission may use information disclosed under paragraph (1)(b) for the purpose of managing risks posed by that offender which may arise in connection with the exercise of any functions of the Commission.

Disclosure of information to responsible authorities

4. —(1) The Secretary of State may disclose to any responsible authority for the area of a local authority in Scotland in which the Secretary of State reasonably believes an offender to be living, information relating to that offender held in connection with the exercise of any function of the Secretary of State relating to—

(a) social security, or

(b) employment and training.

(2) The Commission may disclose to any responsible authority for the area of a local authority in Scotland in which the Commission reasonably believes an offender to be living, information relating to that offender held in connection with the exercise of any function of the Commission.

(3) A responsible authority for the area of a local authority in Scotland may disclose information relating to an offender which it has received under this article to—

(a) any other responsible authority for the area of that local authority, and

(b) any person with whom the responsible authorities for that area are required by section 10(3) of the 2005 Act to act in co-operation.

(4) A responsible authority for the area of a local authority in Scotland may disclose information relating to an offender which it has received under this article to any responsible authority for the area of another local authority in Scotland if it reasonably believes that the offender—

(a) has moved, or intends to move, to live in the area of the other local authority on a temporary or permanent basis;

(b) works in the area of the other local authority; or

(c) visits or travels to the area of the other local authority in circumstances (including the frequency or duration of the visits) which make it necessary or desirable to disclose the information.

(5) Information may be disclosed to a responsible authority for the area of a local authority in Scotlandunder paragraphs (1) to (4) if the responsible authority has responsibility for any part of that local authority area.

(6) Information may be disclosed and used under paragraphs (1) to (4) only for purposes connected with the establishment and implementation of arrangements under section 10 of the 2005 Act in relation to the offender to whom the information relates.