Proceeds of Crime Act 2002

Part 10 U.K. Information

England and Wales and Northern Ireland U.K.

[F1 435 Use of information by certain [F2 Directors] [F2 authorities] U.K.

(1) Information obtained by or on behalf of [F3 the Director] [F3 a relevant authority] in connection with the exercise of any of [F4 his] [F4 the authority's] functions under, or in relation to, Part 5 or 8 may be used by [F5 him] [F5 the authority] in connection with his exercise of any of [F4 his] [F4 the 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 [F6 the Director] [F6 a relevant authority] in connection with the exercise of any of [F7 his] [F7 the 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 [F8 him] [F8 the authority] in connection with his exercise of any of [F7 his] [F7 the 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 “the Director”] [F9 “relevant authority”] means—

(a) the Director of Public Prosecutions;

(b) the Director of the Serious Fraud Office; [F10 or]

(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

F1 S. 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)

F2 Word 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) 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)

F3 Words 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) 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)

F4 Words 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) 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)

F5 Words 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) 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)

F6 Words 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) 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)

F7 Words 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) 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)

F8 Words 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) 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)

F9 Words 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) 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)

F10 Word 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) 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)

F11 S. 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) 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)

436 Disclosure of information to [F12 certain [F13 Directors] [F13 authorities]] U.K.

(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 [F14 subsection (10)]) may be disclosed to [F15 the Director] [F15 a relevant authority] for the purpose of the exercise by [F16 the Director] [F16 the authority] of [F17 his] [F17 the authority's] functions [F18 under, 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 [F19 the data protection legislation];

(b) which is prohibited by [F20 any 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 “the Director”] [F26 “relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F12 Words 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)

F13 Word 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) 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)

F14 Words 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)

F15 Words 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) 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)

F16 Words 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) 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)

F17 Words 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) 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)

F18 Words 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)

F19 Words 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)

F20 Words 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)

F21 S. 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)

F22 S. 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)

F23 S. 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) 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)

F24 S. 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)

F25 S. 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)

F26 Words 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) 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)

Commencement Information

I1 S. 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)

I2 S. 436 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

437 Further disclosure U.K.

(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 [F27 the Director’s] [F27 a relevant authority's] functions [F28 under, 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 [F29 the Director] [F29 a relevant authority] may make the disclosure subject to such conditions as to further disclosure by [F30 the Director] [F30 the 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 “the Director”] [F32 “relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F27 Words 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) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(2); S.I. 2018/78, reg. 5(1)(e)

F28 Words 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)

F29 Words 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) 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)

F30 Words 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) 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)

F31 S. 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)

F32 Words 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) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(4); S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I3 S. 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)

I4 S. 437 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

438 Disclosure of information by [F33 certain [F34 Directors] [F34 authorities]] U.K.

(1) Information obtained by or on behalf of [F35 the Director] [F35 a relevant authority] in connection with the exercise of any of [F36 his] [F36 the authority's] functions [F37 under, or in relation to, Part 5 or 8] may be disclosed by [F38 him] [F38 the 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 [F39 Director’s] [F39 authority's] functions [F40 under, 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 [F41 or 8] ;

(f) the exercise by a customs officer [F42 , an accredited financial investigator] [F43 or a constable] [F43 , a constable or an SFO officer] of his functions under Chapter 3 [F44 , 3A or 3B] of Part 5;

[F45 (fa) the exercise of any functions of [F46 the National Crime Agency] [F47 or another [F48 Director] [F48 relevant 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.

F49 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If [F50 the Director] [F50 a relevant authority] makes a disclosure of information for a purpose specified in subsection (1) [F51 he] [F51 the authority] may make any further disclosure of the information by the person to whom [F51 he] [F51 the authority] discloses it subject to such conditions as [F51 he] [F51 the 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 [F52 the data protection legislation];

(b) which is prohibited by [F53 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

[F54 (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.

[F55 (10) In this section [F56 “the Director” ] [F56 “relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F33 Words 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)

F34 Word 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) 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)

F35 Words 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) 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)

F36 Words 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) 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)

F37 Words 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)

F38 Words 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) 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)

F39 Word 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) 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)

F40 Words 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)

F41 Words 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) 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)

F42 Words 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)

F43 Words 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) 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)

F44 Words 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) 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)

F45 S. 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)

F46 Words 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)

F47 Words 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

F48 Words 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) 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)

F49 S. 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)

F50 Words 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) 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)

F51 Words 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) 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)

F52 Words 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)

F53 Words 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)

F54 S. 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)

F55 S. 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)

F56 Words 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) 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)

Commencement Information

I5 S. 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)

I6 S. 438 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

Scotland U.K.

439 Disclosure of information to Lord Advocate and to Scottish Ministers U.K.

(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 [F57 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 [F58 the data protection legislation];

(b) which is prohibited by [F59 any 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;

[F60 (b) [F61 [F62 the 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;

F63 (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Director of Public Prosecutions;

(h) the Director of Public Prosecutions for Northern Ireland.

[F64 (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

F57 Words 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) 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)

F58 Words 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)

F59 Words 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)

F60 S. 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

F61 Words 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)

F62 Words 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)

F63 S. 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

F64 S. 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) 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)

Commencement Information

I7 S. 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)

I8 S. 439 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

440 Further disclosure U.K.

(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

I9 S. 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)

I10 S. 440 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

441 Disclosure of information by Lord Advocate and by Scottish Ministers U.K.

(1) Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 [F65 or 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 [F66 or 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 [F67 or 8];

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

[F68 (fa) the exercise of the [F69 functions of the Director of Public Prosecutions, F70 ... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland ] [F69 functions of a relevant authority, as defined by section 435(4),] under, or in relation to, Part 5 or 8;]

(g) the exercise by [F71 a customs officer or] a constable of his functions under Chapter 3 [F72 , 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 [F73 the data protection legislation];

(b) which is prohibited by [F74 any 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

F65 Words 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) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(2); S.I. 2018/78, reg. 5(1)(e)

F66 Words 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) 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)

F67 Words 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) 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)

F68 S. 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)

F69 Words 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) 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)

F70 Words 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

F71 Word 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) 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)

F72 Words 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) 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)

F73 Words 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)

F74 Words 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

I11 S. 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)

I12 S. 441 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

Overseas purposes U.K.

442 Restriction on disclosure for overseas purposes U.K.

(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

I13 S. 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)

I14 S. 442 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

[F75 442A Data protection legislation U.K.

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

F75 S. 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)