Part 10Information

England and Wales and Northern Ireland

I1I2438 Disclosure of information by F1certain Directors

1

Information obtained by or on behalf of the Director in connection with the exercise of any of his functions F2under, or in relation to, Part 5 or 8 may be disclosed by him 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 Director’s functions F3under, 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;

f

the exercise by a customs officer F8, an accredited financial investigator or a constable of his functions under Chapter 3 of Part 5;

F4fa

the exercise of any functions of F9the National Crime Agency, another Director or the Director of Revenue and Customs Prosecutions 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.

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5

If the Director makes a disclosure of information for a purpose specified in subsection (1) 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.

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).

F68A

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.

F710

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