Part 10Information

England and Wales and Northern Ireland

F1435Use of information by certain F2DirectorsF2authorities

(1)

Information obtained by or on behalf of F3the Director F3a relevant authority in connection with the exercise of any of F4his F4the authority's functions under, or in relation to, Part 5 or 8 may be used by F5him F5the authority in connection with his exercise of any of F4his F4the 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 F6the Director F6a relevant authority in connection with the exercise of any of F7his F7the 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 F8him F8the authority in connection with his exercise of any of F7his F7the 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; F10or

(c)

the Director of Public Prosecutions for Northern Ireland.

F11(d)

Her Majesty's Revenue and Customs; or

(e)

the Financial Conduct Authority.

436 Disclosure of information to F12certain F13DirectorsF13authorities

(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 F14subsection (10)) may be disclosed to F15the Director F15a relevant authority for the purpose of the exercise by F16the Director F16the authority of F17his F17the authority's functions F18under, 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 F19the data protection legislation;

(b)

which is prohibited by F20any 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.

437 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 F27the Director’s F27a relevant authority's functions F28under, 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 F29the Director F29a relevant authority may make the disclosure subject to such conditions as to further disclosure by F30the Director F30the 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.

438 Disclosure of information by F33certain F34DirectorsF34authorities

(1)

Information obtained by or on behalf of F35the Director F35a relevant authority in connection with the exercise of any of F36his F36the authority's functions F37under, or in relation to, Part 5 or 8 may be disclosed by F38him F38the 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 F39Director’s F39authority's functions F40under, 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 F41or 8 ;

(f)

the exercise by a customs officer F42, an accredited financial investigator F43or 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 F46the National Crime Agency F47or another F48Director F48relevant 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 F50the Director F50a relevant authority makes a disclosure of information for a purpose specified in subsection (1) F51he F51the authority may make any further disclosure of the information by the person to whom F51he F51the authority discloses it subject to such conditions as F51he F51the 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 F52the data protection legislation;

(b)

which is prohibited by F53any 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.