- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/12/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/04/2024
Point in time view as at 20/12/2023.
Proceeds of Crime Act 2002, Part 10 is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Information obtained by or on behalf of [F3a relevant authority] in connection with the exercise of any of [F4the authority's] functions under, or in relation to, Part 5 or 8 may be used by [F5the authority] in connection with his exercise of any of [F4the authority's] other functions (whether under, or in relation to, either Part, another Part of this Act or otherwise).
(2)Information obtained by or on behalf of [F6a relevant authority] in connection with the exercise of any of [F7the authority's] functions (whether under, or in relation to, this Act or otherwise) which are not functions under, or in relation to, Part 5 or 8 may be used by [F8the authority] in connection with his exercise of any of [F7the authority's] functions under, or in relation to, Part 5 or 8.
(3)This section applies to information obtained before the coming into force of the section as well as to information obtained after the coming into force of the section.
(4)In this section [F9“relevant authority”] means—
(a)the Director of Public Prosecutions;
(b)the Director of the Serious Fraud Office; F10...
(c)the Director of Public Prosecutions for Northern Ireland.]
[F11(d)Her Majesty's Revenue and Customs; or
(e)the Financial Conduct Authority.]
Textual Amendments
F1S. 435 substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 131; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F2Word in s. 435 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(2) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F3Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F4Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F5Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F6Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F7Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F8Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F9Words in s. 435(4) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F10Word in s. 435(4)(b) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F11S. 435(4)(d)(e) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of [F14subsection (10)]) may be disclosed to [F15a relevant authority] for the purpose of the exercise by [F16the authority] of [F17the authority's] functions [F18under, or in relation to, Part 5 or 8].
(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3)But nothing in this section authorises the making of a disclosure—
(a)which contravenes [F19the data protection legislation];
(b)which is prohibited by [F20any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(4)This section does not affect a power to disclose which exists apart from this section.
(5)These are permitted persons—
(a)a constable;
F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Director of the Serious Fraud Office;
(e)the Commissioners of Inland Revenue;
(f)the Commissioners of Customs and Excise;
(g)the Director of Public Prosecutions;
F22(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)the Director of Public Prosecutions for Northern Ireland.
[F23(i)the Financial Conduct Authority.]
(6)The Secretary of State may by order designate as permitted persons other persons who exercise functions which he believes are of a public nature.
(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.
[F24(7A)In relation to persons exercising functions in Northern Ireland, any reference in subsection (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.]
(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
[F25(10)In this section [F26“relevant authority”] has the same meaning as in section 435.]
Textual Amendments
F12Words in s. 436 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F13Word in s. 436 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(2) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F14Words in s. 436(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(3)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F15Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(a) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F16Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(b) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F17Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(c) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F18Words in s. 436(1) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(3)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F19Words in s. 436(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 81 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F20Words in s. 436(3)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F21S. 436(5)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F22S. 436(5)(ga) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F23S. 436(5)(i) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(4) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F24S. 436(7A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 69 (with arts. 28-31)
F25S. 436(10) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(5); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F26Words in s. 436(10) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(5) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
Commencement Information
I1S. 436 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I2S. 436 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Subsection (2) applies to information obtained under section 436 from the Commissioners of Inland Revenue or from the Commissioners of Customs and Excise or from a person acting on behalf of either of them.
(2)Such information must not be further disclosed except—
(a)for a purpose connected with the exercise of [F27a relevant authority's] functions [F28under, or in relation to, Part 5 or 8 ], and
(b)with the consent of the Commissioners concerned.
(3)Consent under subsection (2) may be given—
(a)in relation to a particular disclosure;
(b)in relation to disclosures made in circumstances specified or described in the consent.
(4)The power to consent to further disclosure under subsection (2)(b) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
(5)Subsection (6) applies to information obtained under section 436 from a permitted person other than the Commissioners of Inland Revenue or the Commissioners of Customs and Excise or a person acting on behalf of either of them.
(6)A permitted person who discloses such information to [F29a relevant authority] may make the disclosure subject to such conditions as to further disclosure by [F30the authority] as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.
[F31(7)In this section [F32“relevant authority”] has the same meaning as in section 435.]
Textual Amendments
F27Words in s. 437(2)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(2); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F28Words in s. 437(2)(a) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 133(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F29Words in s. 437(6) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(a); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F30Words in s. 437(6) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(b); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F31S. 437(7) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 133(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F32Words in s. 437(7) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(4); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
Commencement Information
I3S. 437 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I4S. 437 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Information obtained by or on behalf of [F35a relevant authority] in connection with the exercise of any of [F36the authority's] functions [F37under, or in relation to, Part 5 or 8] may be disclosed by [F38the authority] if the disclosure is for the purposes of any of the following—
(a)any criminal investigation which is being or may be carried out, whether in the United Kingdom or elsewhere;
(b)any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;
(c)the exercise of the [F39authority's] functions [F40under, or in relation to, Part 5 or 8];
(d)the exercise by the prosecutor of functions under Parts 2, 3 and 4;
(e)the exercise by the Scottish Ministers of their functions under Part 5 [F41or 8];
(f)the exercise by a customs officer [F42, an accredited financial investigator] [F43, a constable or an SFO officer] of his functions under Chapter 3 [F44, 3A [F45or 3B] [F45, 3B, 3C, 3D, 3E or 3F]] of Part 5;
[F46(fa)the exercise of any functions of [F47the National Crime Agency] [F48or another [F49relevant authority]] under, or in relation to, Part 5 or 8;]
(g)safeguarding national security;
(h)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;
(i)the exercise of a designated function.
F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)If [F51a relevant authority] makes a disclosure of information for a purpose specified in subsection (1) [F52the authority] may make any further disclosure of the information by the person to whom [F52the authority] discloses it subject to such conditions as [F52the authority] thinks fit.
(6)Such a person must not further disclose the information in contravention of the conditions.
(7)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(8)But nothing in this section authorises the making of a disclosure—
(a)which contravenes [F53the data protection legislation];
(b)which is prohibited by [F54any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
[F55(8A)This section does not affect a power to disclose which exists apart from this section.
(8B)This section applies to information obtained before the coming into force of subsection (10) as well as to information obtained after the coming into force of that subsection.]
(9)A designated function is a function which the Secretary of State thinks is a function of a public nature and which he designates by order.
[F56(10)In this section [F57“relevant authority”] has the same meaning as in section 435.]
Textual Amendments
F33Words in s. 438 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F34Word in s. 438 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(2) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F35Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(i) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F36Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(ii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F37Words in s. 438(1) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(3)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F38Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(iii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F39Word in s. 438(1)(c) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(b) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F40Words in s. 438(1)(c) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(3)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F41Words in s. 438(1)(e) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(c) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F42Words in s. 438(1)(f) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 14; S.I. 2008/755, art. 17(1)(f)
F43Words in s. 438(1)(f) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(i) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F44Words in s. 438(1)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(ii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F45Words in s. 438(1)(f) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 9; S.I. 2024/269, reg. 4(b)(i)(ii)
F46S. 438(1)(fa) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(3)(c); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F47Words in s. 438(1)(fa) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 146; S.I. 2013/1682, art. 3(v)
F48Words in s. 438(1)(fa) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 29
F49Words in s. 438(1)(fa) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(e) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F50S. 438(2)-(4) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F51Words in s. 438(5) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(a) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F52Words in s. 438(5) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(b) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F53Words in s. 438(8)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 82 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F54Words in s. 438(8)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F55S. 438(8A)(8B) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(5); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F56S. 438(10) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(6); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F57Words in s. 438(10) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(5) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
Commencement Information
I5S. 438 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I6S. 438 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5 [F58or 8].
(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(3)But nothing in this section authorises the making of a disclosure—
(a)which contravenes [F59the data protection legislation];
(b)which is prohibited by [F60any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(4)This section does not affect a power to disclose which exists apart from this section.
(5)These are permitted persons—
(a)a constable;
[F61(b)[F62[F63the National Crime Agency] but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act];]
(d)the Director of the Serious Fraud Office;
(e)the Commissioners of Inland Revenue;
(f)the Commissioners of Customs and Excise;
F64(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the Director of Public Prosecutions;
(h)the Director of Public Prosecutions for Northern Ireland.
[F65(i)the Financial Conduct Authority.]
(6)The Scottish Ministers may by order designate as permitted persons other persons who exercise functions which they believe are of a public nature.
(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.
(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
Textual Amendments
F58Words in s. 439(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(2) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F59Words in s. 439(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 83 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F60Words in s. 439(3)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(4) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
F61S. 439(5)(b) substituted for s. 439(5)(b)(c) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 177; S.I. 2006/378, art. 4(1), Sch. para. 10
F62Words in s. 439(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 135(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F63Words in s. 439(5)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 147; S.I. 2013/1682, art. 3(v)
F64S. 439(5)(fa) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 30
F65S. 439(5)(i) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(3) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
Commencement Information
I7S. 439 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I8S. 439 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Subsection (2) applies to information obtained under section 439 from the Commissioners of Inland Revenue or from the Commissioners of Customs and Excise or from a person acting on behalf of either of them.
(2)Such information must not be further disclosed except—
(a)for a purpose connected with the exercise of the functions of the Lord Advocate under Part 3 and of the Scottish Ministers under Part 5, and
(b)with the consent of the Commissioners concerned.
(3)Consent under subsection (2) may be given—
(a)in relation to a particular disclosure;
(b)in relation to disclosures made in circumstances specified or described in the consent.
(4)The power to consent to further disclosure under subsection (2)(b) may be delegated (either generally or for a specified purpose)—
(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;
(b)in the case of the Commissioners of Customs and Excise, to a customs officer.
(5)Subsection (6) applies to information obtained under section 439 from a permitted person other than the Commissioners of Inland Revenue or the Commissioners of Customs and Excise or a person acting on behalf of either of them.
(6)A permitted person who discloses such information to the Lord Advocate or to the Scottish Ministers may make the disclosure subject to such conditions as to further disclosure by the Lord Advocate or by the Scottish Ministers as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.
Commencement Information
I9S. 440 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I10S. 440 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 [F66[F67or 3A]] [F66, 3A, 3C or 3F] of Part 5 may be disclosed to the Scottish Ministers in connection with the exercise of any of their functions under that Part.
(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 [F68or 8] may be disclosed by him or by them if the disclosure is for the purposes of any of the following—
(a)any criminal investigation which is being or may be carried out whether in the United Kingdom or elsewhere;
(b)any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;
(c)the exercise of the functions of the Lord Advocate under Part 3;
(d)the exercise of the functions of the Scottish Ministers under Part 5 [F69or 8];
(e)the exercise by the prosecutor of functions under Parts 2, 3 and 4;
[F70(fa)the exercise of the [F71functions of the Director of Public Prosecutions, F72... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland ] [F71functions of a relevant authority, as defined by section 435(4),] under, or in relation to, Part 5 or 8;]
(g)the exercise by [F73a customs officer or] a constable of his functions under Chapter 3 [F74, 3A [F75or 3B] [F75, 3B, 3C, 3D, 3E or 3F]] of Part 5;
(h)safeguarding national security;
(i)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;
(j)the exercise of a designated function.
(3)If the Lord Advocate makes a disclosure of information for a purpose specified in subsection (2) he may make any further disclosure of the information by the person to whom he discloses it subject to such conditions as he thinks fit.
(4)If the Scottish Ministers make a disclosure of information for a purpose specified in subsection (2) they may make any further disclosure of the information by the person to whom they disclose it subject to such conditions as they think fit.
(5)A person mentioned in subsection (3) or (4) must not further disclose the information in contravention of the conditions.
(6)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
(7)But nothing in this section authorises the making of a disclosure—
(a)which contravenes [F76the data protection legislation];
(b)which is prohibited by [F77any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].
(8)This section does not affect a power to disclose which exists apart from this section.
(9)A designated function is a function which the Scottish Ministers think is a function of a public nature and which they designate by order.
Textual Amendments
F66Words in s. 441(1) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 10(a); S.I. 2024/269, reg. 4(b)(i)(ii)
F67Words in s. 441(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(2); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F68Words in s. 441(2) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(a); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F69Words in s. 441(2)(d) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(b); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F70S. 441(2)(fa) substituted for s. 441(2)(f) (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 136; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F71Words in s. 441(2)(fa) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(c); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F72Words in s. 441(2)(fa) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 31
F73Word in s. 441(2)(g) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(i); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F74Words in s. 441(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(ii); S.I. 2018/78, reg. 5(1)(e); S.I. 2021/724, reg. 4(i)
F75Words in s. 441(2)(g) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 10(b); S.I. 2024/269, reg. 4(b)(i)(ii)
F76Words in s. 441(7)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 84 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F77Words in s. 441(7)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 12(5) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
Commencement Information
I11S. 441 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I12S. 441 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
(1)Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restrictions on disclosure of information for overseas purposes) applies to a disclosure of information authorised by section 438(1)(a) or (b) or 441(2)(a) or (b).
(2)In the application of section 18 of the Anti-terrorism, Crime and Security Act 2001 by virtue of subsection (1) section 20 of that Act must be ignored and the following subsection is substituted for subsection (2) of section 18 of that Act—
“(2)In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure which—
(a)is made for a purpose authorised by section 438(1)(a) or (b) or 441(2)(a) or (b) of the Proceeds of Crime Act 2002, and
(b)is of any such information as is described in the direction.”.
Commencement Information
I13S. 442 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I14S. 442 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.
In this Part, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]
Textual Amendments
F78S. 442A inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 85 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys