Part 1The National Crime Agency

Other functions etc.

I17Information gateways

1

A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.

2

Subsection (1) does not authorise any of the following to disclose information to the NCA—

a

a person serving in the Security Service;

b

a person serving in the Secret Intelligence Service;

c

a person serving in GCHQ;

but this does not affect the disclosures which such a person may make to the NCA in accordance with intelligence service disclosure arrangements.

3

Information obtained by the NCA in connection with the exercise of any NCA functions may be used by the NCA in connection with the exercise of any other NCA function.

4

An NCA officer may disclose information obtained by the NCA in connection with the exercise of any NCA function if the disclosure is for any permitted purpose.

5

Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

a

the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

b

the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

6

Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

7

But an NCA officer may disclose the information if the disclosure is—

a

to the Commissioners for Her Majesty's Revenue and Customs,

b

to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate's functions under Part 3 of PCA 2002 (confiscation: Scotland),

c

to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

d

to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).

8

A disclosure of information which is authorised or required by this Part does not breach—

a

an obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

9

This section is subject to Schedule 7 (information: restrictions on disclosure).

10

In this section—

  • “GCHQ” has the same meaning as in the Intelligence Services Act 1994;

  • “intelligence service disclosure arrangements” means—

    1. a

      arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service,

    2. b

      arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, or

    3. c

      arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.