Crime and Courts Act 2013 (c. 22)

SCHEDULES

SCHEDULE 7 Information: restrictions on disclosure

Part 2 Restrictions on disclosures of particular types of information

HMRC & customs information

2 (1) An NCA officer must not disclose—

(a) HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed—

(a) HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

• “HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

• “personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

• “relevant authority” means—

  (a)

  the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);

  (b)

  the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);

  (c)

  the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

Social security information

3 (1) An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

• “relevant authority” means—

  (a)

  the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);

  (b)

  the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

• “social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—

  (a)

  functions relating to social security, including functions relating to—

  (i)

  statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;

  (ii)

  maternity allowance under section 35 of that Act;

  (iii)

  statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  (iv)

  maternity allowance under section 35 of that Act;

  (v)

  schemes and arrangements under section 2 of the Employment and Training Act 1973;

  (b)

  functions relating to the investigation and prosecution of offences relating to tax credits.

Intelligence service information

4 (1) An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3) In this paragraph—

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  GCHQ (which has the same meaning as in the Intelligence Services Act 1994);

• “intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

• “relevant authority” means—

  (a)

  the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

  (b)

  the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

  (c)

  the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

Arrangements for publishing information

5 The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on the Director General by the framework document in accordance with section 6(2).