Part 10Information

England and Wales and Northern Ireland

435F52Use of information by certain F55authorities

1

Information obtained by or on behalf of F54a relevant authority in connection with the exercise of any of F41the authority's functions under, or in relation to, Part 5 or 8 may be used by F16the authority in connection with his exercise of any of F41the 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 F47a relevant authority in connection with the exercise of any of F27the 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 F32the authority in connection with his exercise of any of F27the 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 F15“relevant authority” means—

a

the Director of Public Prosecutions;

b

the Director of the Serious Fraud Office; F19...

c

the Director of Public Prosecutions for Northern Ireland.

F42d

Her Majesty's Revenue and Customs; or

e

the Financial Conduct Authority.

I3I6436Disclosure of information to F29certain F22authorities

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 F18subsection (10)) may be disclosed to F21a relevant authority for the purpose of the exercise by F11the authority of F1the authority's functions F43under, 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 F2the data protection legislation;

b

which is prohibited by F34any 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;

F44b

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

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;

F53ga

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

h

the Director of Public Prosecutions for Northern Ireland.

F20i

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.

F127A

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.

F1410

In this section F49“relevant authority” has the same meaning as in section 435.

I4I2437 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 F25a relevant authority's functions F37under, 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 F31a relevant authority may make the disclosure subject to such conditions as to further disclosure by F8the authority as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.

F237

In this section F24“relevant authority” has the same meaning as in section 435.

I5I1438 Disclosure of information by F38certain F5authorities

1

Information obtained by or on behalf of F56a relevant authority in connection with the exercise of any of F26the authority's functions F3under, or in relation to, Part 5 or 8 may be disclosed by F33the 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 F48authority's functions F36under, 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 F7or 8;

f

the exercise by a customs officer F46, an accredited financial investigatorF51, a constable or an SFO officer of his functions under Chapter 3 F4, 3A F40or 3BF40, 3B, 3C, 3D, 3E or 3F of Part 5;

F13fa

the exercise of any functions of F39the National Crime AgencyF10or another F28relevant 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.

F172

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

F173

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

F174

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

5

If F45a relevant authority makes a disclosure of information for a purpose specified in subsection (1) F50the authority may make any further disclosure of the information by the person to whom F50the authority discloses it subject to such conditions as F50the 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 F9the data protection legislation;

b

which is prohibited by F35any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

F578A

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.

F610

In this section F30“relevant authority” has the same meaning as in section 435.