Serious Organised Crime and Police Act 2005

Use and disclosure of information U.K.

32 Use of information by SOCA U.K.

Information obtained by SOCA in connection with the exercise of any of its functions may be used by SOCA in connection with the exercise of any of its other functions.

Commencement Information

I1 S. 32 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 5 (with art. 4(2)-(7))

33 Disclosure of information by SOCA U.K.

(1) Information obtained by SOCA in connection with the exercise of any of its functions may be disclosed by SOCA if the disclosure is for any permitted purposes.

(2) “Permitted purposes” means the purposes of any of the following—

(a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

(b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;

(c) the exercise of any function conferred on SOCA by section 2, 3 or 5 (so far as not falling within paragraph (a) or (b));

[F1 (ca) the exercise of any function of SOCA mentioned in section 2A (functions relating to the recovery of assets);

(cb) the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29);

(cc) the exercise of any functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;

(cd) the exercise of any functions of an officer of Revenue and Customs[F2 , an accredited financial investigator] or a constable under Chapter 3 of Part 5 of that Act;

(ce) 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 of that Act;]

(d) the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);

(e) the exercise of any functions under Part 2 of the Football Spectators Act 1989 (c. 37) [F3 or sections 104 to 106 of the Policing and Crime Act 2009];

(f) the exercise of any function which appears to the Secretary of State to be a function of a public nature and which he designates by order.

[F4 (2A) Subsections (1) and (2) do not apply to information obtained by SOCA in connection with the exercise of its functions under Part 6 of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

(2B) But such information may be disclosed by SOCA —

(a) to the Commissioners;

(b) to the Lord Advocate for the purpose of the exercise by the Lord Advocate of his functions under Part 3 of that Act (confiscation: Scotland).

(2C) Information disclosed to the Lord Advocate under subsection (2B)(b) may be further disclosed by him only to the Scottish Ministers for the purpose of the exercise by them of their functions under Part 5 of that Act (civil recovery of the proceeds etc. of unlawful conduct).

(2D) Subsections (1) and (2), so far as relating to disclosure for the purposes of the exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 of that Act, do not apply to information obtained by SOCA in connection with the exercise of any of its functions other than its functions under that Act. ]

(3) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(4) But nothing in this section authorises—

(a) a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions,

(b) a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000, or

(c) a disclosure in contravention of section 35(2).

Textual Amendments

F1 S. 33(2)(ca)-(ce) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 172(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2 Words in s. 33(2)(cd) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 17; S.I. 2008/755, art. 17(1)(f)

F3 Words in s. 33(2)(e) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 121; S.I. 2010/507, art. 5(w)

F4 S. 33(2A)-(2D) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 172(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I2 S. 33 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 5 (with art. 4(2)-(7))

34 Disclosure of information to SOCA U.K.

(1) Any person may disclose information to SOCA if the disclosure is made for the purposes of the exercise by SOCA of any of its functions.

(2) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(3) But nothing in this section authorises—

(a) a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(4) Information may not be disclosed under subsection (1) on behalf of the Commissioners unless the disclosure is authorised by the Commissioners or by an authorised officer of theirs.

Commencement Information

I3 S. 34 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 5 (with art. 4(2)-(7))

35 Restrictions on further disclosure U.K.

(1) Information disclosed by SOCA under section 33 to any person or body must not be further disclosed except—

(a) for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by SOCA, or otherwise for any permitted purposes, and

(b) with the consent of SOCA.

[F5 (1A) Subsection (1) does not apply to—

(a) information disclosed by SOCA under section 33 to the Lord Advocate for the purpose of the exercise of any of his functions under Part 3 of the Proceeds of Crime Act 2002; or

(b) information disclosed by SOCA under section 33 to the Scottish Ministers for the purposes of the exercise of any of their functions under, or in relation to, Part 5 of that Act;

but see instead section 441 of the Proceeds of Crime Act 2002.]

(2) Information disclosed to SOCA under any enactment by the Commissioners or a person acting on their behalf must not be further disclosed except—

(a) for any permitted purposes, and

(b) with the consent of the Commissioners or an authorised officer of Revenue and Customs.

(3) Consent under subsection (1) or (2) may be given—

(a) in relation to a particular disclosure, or

(b) in relation to disclosures made in circumstances specified or described in the consent.

(4) In this section “permitted purposes” has the meaning given by section 33(2).

Textual Amendments

F5 S. 35(1A) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 173; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I4 S. 35 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 5 (with art. 4(2)-(7))