Part 10Information
England and Wales and Northern Ireland
435F3Use of information by certain F46DirectorsF46authorities
1
Information obtained by or on behalf of F32the DirectorF32a relevant authority in connection with the exercise of any of F33hisF33the authority's functions under, or in relation to, Part 5 or 8 may be used by F34himF34the authority in connection with his exercise of any of F33hisF33the 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 F35the DirectorF35a relevant authority in connection with the exercise of any of F36hisF36the 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 F37himF37the authority in connection with his exercise of any of F36hisF36the 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
a
the Director of Public Prosecutions;
b
the Director of the Serious Fraud Office; F39or
c
the Director of Public Prosecutions for Northern Ireland.
F40d
Her Majesty's Revenue and Customs; or
e
the Financial Conduct Authority.
I1I4436 Disclosure of information to F1certain F47DirectorsF47authorities
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 F4subsection (10)) may be disclosed to F42the DirectorF42a relevant authority for the purpose of the exercise by F43the DirectorF43the authority of F44hisF44the authority's functions F5under, 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;
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F7ga
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
the Director of Public Prosecutions for Northern Ireland.
F41i
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.
F187A
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.
F810
I2I5437 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
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 F51the DirectorF51a relevant authority may make the disclosure subject to such conditions as to further disclosure by F52the DirectorF52the authority as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.
F107
I3I6438 Disclosure of information by F2certain F48DirectorsF48authorities
1
Information obtained by or on behalf of F21the DirectorF21a relevant authority in connection with the exercise of any of F22hisF22the authority's functions F11under, or in relation to, Part 5 or 8 may be disclosed by F23himF23the 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
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 F29or 8 ;
f
F13fa
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.
F142
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
If F30the DirectorF30a relevant authority makes a disclosure of information for a purpose specified in subsection (1) F31heF31the authority may make any further disclosure of the information by the person to whom F31heF31the authority discloses it subject to such conditions as F31heF31the 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).
F158A
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.