Information

I141Confidentiality

1

A person to whom relevant information is supplied (whether before or after the commencement of this section) may not disclose that information.

2

Information is relevant information if it is supplied by or on behalf of HMRC or the RCPO under—

a

section 20 of the Immigration and Asylum Act 1999,

b

section 130 of the Nationality, Immigration and Asylum Act 2002,

c

section 36 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (except in so far as that section relates to information supplied to a chief officer of police), or

d

section 40 of this Act.

3

But subsection (1) does not apply to a disclosure—

a

which is made for a purpose within section 40(1),

b

which is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,

c

which is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,

d

which is made in pursuance of an order of a court,

e

which is made with the consent (which may be general or specific) of HMRC or the RCPO, depending on by whom or on whose behalf the information was supplied, or

f

which is made with the consent of each person to whom the information relates.

4

Subsection (1) is subject to any other enactment permitting disclosure.

5

The reference in subsection (1) to a person to whom relevant information is supplied includes a reference to a person who is or was acting on behalf of that person.

6

The reference in subsection (2) to information supplied under section 40 of this Act includes a reference to documents or articles supplied by virtue of subsection (2) of that section.

7

In subsection (3) “immigration or nationality matter” means a matter in respect of which the Secretary of State has immigration and nationality functions (within the meaning given in section 40(4)).

8

In subsection (4) “enactment” does not include—

a

an Act of the Scottish Parliament,

b

an Act of the Northern Ireland Assembly, or

c

an instrument made under an Act within paragraph (a) or (b).