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Constitutional Reform Act 2005, Section 123 is up to date with all changes known to be in force on or before 10 September 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.
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(1)The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as follows.
(2)After section 5 of the 2002 Act insert—
(1)Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5.
(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 the Data Protection Act 1998, or
(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
(4)This section does not affect a power to disclose which exists apart from this section.
(5)The following are permitted persons—
(a)a chief officer of police of a police force in England and Wales;
(b)a chief constable of a police force in Scotland;
(c)the Chief Constable of the Police Service of Northern Ireland;
(d)the Director General of the National Criminal Intelligence Service;
(e)the Director General of the National Crime Squad;
(f)the Commissioners of Inland Revenue;
(g)the Commissioners of Customs and Excise.
(6)The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
(7)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.
(8)The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific 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.
(9)For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.”
Commencement Information
I1S. 123 partly in force; s. 123 not in force at Royal Assent see s. 148; s. 123 in force for specified purposes at 15.6.2005 by S.I. 2005/1431, art. 2(a)
I2S. 123 in force at 12.4.2010 in so far as not already in force by S.I. 2010/883, art. 2(b)
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