Part 10Information

England and Wales and Northern Ireland

435F4Use of information by certain F58DirectorsF58authorities

1

Information obtained by or on behalf of F38the DirectorF38a relevant authority in connection with the exercise of any of F39hisF39the authority's functions under, or in relation to, Part 5 or 8 may be used by F40himF40the authority in connection with his exercise of any of F39hisF39the 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 F41the DirectorF41a relevant authority in connection with the exercise of any of F42hisF42the 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 F43himF43the authority in connection with his exercise of any of F42hisF42the 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 F44“the Director”F44“relevant authority” means—

a

the Director of Public Prosecutions;

b

the Director of the Serious Fraud Office; F45or

c

the Director of Public Prosecutions for Northern Ireland.

F46d

Her Majesty's Revenue and Customs; or

e

the Financial Conduct Authority.

I1I8436 Disclosure of information to F2certain F59DirectorsF59authorities

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 F5subsection (10)) may be disclosed to F48the DirectorF48a relevant authority for the purpose of the exercise by F49the DirectorF49the authority of F50hisF50the authority's functions F6under, 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 the Data Protection Act 1998 (c. 29);

b

which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

4

This section does not affect a power to disclose which exists apart from this section.

5

These are permitted persons—

a

a constable;

F7b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F8ga

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

the Director of Public Prosecutions for Northern Ireland.

F47i

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.

F217A

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.

F910

In this section F51“the Director”F51“relevant authority” has the same meaning as in section 435.

I2I9437 Further disclosure

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 F61the Director’sF61a relevant authority's functions F10under, 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 F63the DirectorF63a relevant authority may make the disclosure subject to such conditions as to further disclosure by F64the DirectorF64the authority as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.

F117

In this section F62“the Director”F62“relevant authority” has the same meaning as in section 435.

I3I10438 Disclosure of information by F3certain F60DirectorsF60authorities

1

Information obtained by or on behalf of F27the DirectorF27a relevant authority in connection with the exercise of any of F28hisF28the authority's functions F12under, or in relation to, Part 5 or 8 may be disclosed by F29himF29the 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 F30Director’sF30authority's functions F13under, 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 F35or 8 ;

f

the exercise by a customs officer F20, an accredited financial investigatorF31or a constableF31, a constable or an SFO officer of his functions under Chapter 3 F32, 3A or 3B of Part 5;

F14fa

the exercise of any functions of F22the National Crime AgencyF24or another F33DirectorF33relevant 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.

F152

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

If F36the DirectorF36a relevant authority makes a disclosure of information for a purpose specified in subsection (1) F37heF37the authority may make any further disclosure of the information by the person to whom F37heF37the authority discloses it subject to such conditions as F37heF37the 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 the Data Protection Act 1998 (c. 29);

b

which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

F168A

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.

F1710

In this section F34“the Director” F34“relevant authority” has the same meaning as in section 435.

Scotland

I4I11439 Disclosure of information to Lord Advocate and to Scottish Ministers

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 F66or 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 the Data Protection Act 1998;

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

These are permitted persons—

a

a constable;

F1b

F18F23the 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;

F25fa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the Director of Public Prosecutions;

h

the Director of Public Prosecutions for Northern Ireland.

F65i

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.

I5I12440 Further disclosure

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.

I6I13441 Disclosure of information by Lord Advocate and by Scottish Ministers

1

Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 F54or 3A 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 F52or 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 F55or 8;

e

the exercise by the prosecutor of functions under Parts 2, 3 and 4;

F19fa

the exercise of the F53functions of the Director of Public Prosecutions, F26... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland F53functions of a relevant authority, as defined by section 435(4), under, or in relation to, Part 5 or 8;

g

the exercise by F56a customs officer or a constable of his functions under Chapter 3 F57, 3A or 3B 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 the Data Protection Act 1998 (c. 29);

b

which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

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.

Overseas purposes

I7I14442 Restriction on disclosure for overseas purposes

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.