Section 441(2)

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.

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Source: legislation.gov.uk · retrieved 2026-09-04