Part 1The National Crime Agency
Other functions etc.
7Information 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—
(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,
(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
(c)
arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.