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The European Administrative Co-Operation (Taxation) Regulations 2012

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Onward disclosure of information received from HMRCU.K.

This section has no associated Explanatory Memorandum

4.—(1) A public authority commits an offence if—

(a)it discloses relevant information, and

(b)the disclosure is not permitted by paragraph (3) below.

(2) “Relevant information” is information that—

(a)the public authority has received from HMRC by virtue of regulation 3, and

(b)relates to a person whose identity is specified in the disclosure or can be deduced from it.

(3) A disclosure is permitted by this paragraph if it is made—

(a)in accordance with regulation 3,

(b)in accordance with another enactment permitting the disclosure,

(c)to comply with an order of a court,

(d)for the purposes of civil proceedings (whether or not within the United Kingdom),

(e)for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),

(f)with the consent of each person to whom the information relates, or

(g)with the consent of the Commissioners.

(4) Paragraph (1) applies to each of the following as it applies to a public authority—

(a)an employee or agent of the public authority,

(b)anyone providing services or exercising functions on behalf of the public authority,

(c)anyone authorised by the public authority to receive information on its behalf.

Commencement Information

I1Reg. 4 in force at 1.1.2013, see reg. 1(1)

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