Sch 3 para 26
(1) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant person conducting an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ( 2016 asp 2 ) (“IFASDA 2016”), or (b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry, where, in the course of the inquiry, the person conducting the inquiry has ordered the disclosure to be made to that person alone or (as the case may be) to that person and any qualified person appointed to assist a relevant person in the inquiry. (2) A relevant person may order a disclosure under sub-paragraph (1) only if the person considers that the exceptional circumstances of the case make the disclosure essential in the interests of justice. (3) Nothing in section 56(1) prohibits— (a) a disclosure to a relevant person conducting an inquiry under IFASDA 2016, or (b) a disclosure to a qualified person appointed under section 24 of that Act to assist a relevant person in the inquiry, that there is intercepted material in existence which is, or may be, relevant to the inquiry. (4) In sub-paragraph (3) “ intercepted material ” means— (a) any content of an intercepted communication (within the meaning of section 56), or (b) any secondary data obtained from a communication. (5) In this paragraph “ relevant person ” means— (a) a sheriff principal, (b) a temporary sheriff principal, or (c) a sheriff or part-time sheriff (but not a summary sheriff or part-time summary sheriff) designated as a specialist under section 37(1) or (3) of IFASDA 2016. (6) In this paragraph “ qualified person ” means an advocate or solicitor; and “ advocate ” and “ solicitor ” have the same meaning as in IFASDA 2016 (see section 40 of that Act).