Part 2Courts and Justice

Administration of justice

I128Disclosure of information for calculating fees of courts, tribunals etc

1

The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.

2

Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.

3

Information disclosed to a relevant person under subsection (1) or (2)—

a

must not be further disclosed, except to another relevant person who wants social security information, tax credit information or finances information in connection with deciding a fee-remission application, and

b

must not be used otherwise than in connection with deciding a fee-remission application.

4

Subsection (3) does not prohibit—

a

disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

b

disclosure or use of information which has previously been disclosed to the public with lawful authority;

c

disclosure or use of information so far as necessary to comply with—

i

an order of a court,

ii

an order of a tribunal established by or under an Act, or

iii

a duty imposed by or under an Act or Northern Ireland legislation.

5

It is an offence for a person to disclose or use information in contravention of subsection (3).

6

It is a defence for a person charged with an offence under subsection (5) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

7

A person guilty of an offence under subsection (5) is liable—

a

on conviction on indictment—

i

to imprisonment for a term not exceeding 2 years, or

ii

to a fine, or

iii

to both;

b

on summary conviction—

i

to imprisonment for a period not exceeding 12 months, or

ii

to a fine not exceeding the statutory maximum, or

iii

to both.

8

Subsection (7)(b) applies—

a

in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and

b

in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

9

A prosecution for an offence under subsection (5)—

a

may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

b

may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

10

In this section—

  • “fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—

    1. a

      section 92 of the Courts Act 2003 (court fees),

    2. b

      section 52 of the Constitutional Reform Act 2005 (Supreme Court fees),

    3. c

      section 54 of the Mental Capacity Act 2005 (Court of Protection fees),

    4. d

      section 58 of that Act (Public Guardian fees),

    5. e

      section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees),

    6. f

      paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees),

    7. g

      paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), and

    8. h

      section 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);

  • “finances information” means information which—

    1. a

      is about a person's income, gains or capital, and

    2. b

      is held—

      1. i

        by Her Majesty's Revenue and Customs, or

      2. ii

        by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services;

  • “relevant person” means—

    1. a

      the Lord Chancellor,

    2. b

      the Secretary of State,

    3. c

      a person providing services to the Lord Chancellor or to the Secretary of State,

    4. d

      any of the officers or staff of the Supreme Court, or

    5. e

      any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;

  • “social security information” means information which is held for the purposes of functions relating to social security—

    1. a

      by the Secretary of State or a Northern Ireland Department, or

    2. b

      by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services,

    or information which is held with information so held;

  • “tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—

    1. a

      by Her Majesty's Revenue and Customs, or

    2. b

      by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services.