25Removal of restrictions on disclosure of certain informationS
(1)No obligation as to secrecy or other restriction on disclosure of information however imposed prevents—
(a)OSCR from disclosing any information to a designated body for—
(i)any purpose connected with the exercise of OSCR's functions,
(ii)the purpose of enabling or assisting that body to exercise any functions,
(b)a designated body from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,
[F1(ba)OSCR from disclosing any information to a designated religious charity for—
(i)any purpose connected with the exercise of OSCR’s functions,
(ii)the purpose of enabling or assisting that charity in relation to the exercise of any supervisory or disciplinary functions in respect of the component parts of the charity,
(bb)a designated religious charity from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,]
(c)a charity trustee of a charity from disclosing any information about that charity to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,
(d)any person from disclosing any information to OSCR about any matter in respect of which the person is required or authorised by section 46 to make a report to OSCR, or
(e)a relevant financial institution from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions under section 47.
(2)The Scottish Ministers may, by order, designate—
(a)for the purposes of paragraph (a) of subsection (1), any public body or office-holder in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom,
(b)for the purposes of paragraph (b) of that subsection, any Scottish public authority with mixed functions or no reserved functions,
and references in that subsection to a “designated body” are to be construed accordingly.
[F2(3)Nothing in this section authorises the making of a disclosure that contravenes the data protection legislation (but in determining whether a disclosure would do so, the provision made in this Act enabling or requiring the disclosure of information as mentioned in paragraphs (a) to (e) of subsection (1) is to be taken into account).
(4)In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.]
Textual Amendments
F1S. 25(1)(ba)(bb) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(4)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F2S. 25(3)(4) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 11(4)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Commencement Information
I1S. 25 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1
I2S. 25 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2