The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024

Part 3: supplementary

29.—(1) A disclosure of information—

(a) under regulations 15 or 16 (reporting obligations: trade, aircraft or shipping sanctions) or 27 or 28 (disclosure of information by or to the Secretary of State), or

(b) pursuant to regulations 17 to 20 (powers to request information and the production of documents),

does not breach any restriction on such disclosure imposed by statute or otherwise.

(2) But nothing in those regulations authorises a disclosure that—

(a) contravenes the data protection legislation;

(b) is prohibited by any of Parts 1 (general privacy protections) to 7 (bulk personal dataset warrants) or Chapter 1 of Part 9 (miscellaneous and general provisions) of the Investigatory Powers Act 2016(1).

(3) Nothing in this Part is to be read as requiring a person who has acted or is acting as counsel or solicitor for any person to disclose any privileged information in their possession in that capacity.

(4) The regulations referred to in paragraph (1) do not limit the circumstances in which information may be disclosed apart from those regulations.

(5) Nothing in this Part limits any conditions which may be contained in a trade licence, aircraft licence or shipping licence.

(6) In this regulation—

“aircraft licence” and “shipping licence” have the meanings given in regulation 19(2) (power to request information: aircraft and shipping sanctions);

“the data protection legislation” has the meaning given in section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018(2);

“privileged information” means information with respect to which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings;

“trade licence” has the meaning given in regulation 18(2) (power to request information: trade sanctions).

(1)

2016 c. 25. Part 1 is amended by the Data Protection Act 2018 (c. 12), Schedule 19, paragraph 199; the Finance Act (No. 2) Act 2023 (c. 30), section 352 and S.I. 2017/730; S.I. 2018/1123; S.I. 2019/742; S.I. 2022/500 and S.I. 2023/149. Part 2 is amended by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Counter-Terrorism and Border Security Act 2019 (c. 3), Schedule 4, paragraph 33; the Crime (Overseas Production Orders) Act 2019 (c. 5), section 16; the Armed Forces Act 2021 (c. 35), Schedule 4, paragraph 2 and Schedule 5, paragraphs 44 and 45; the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), Schedule 13, paragraph 9; and S.I. 2018/1310; S.I. 2019/742; S.I. 2022/500 and S.I. 2023/149. Part 3 is amended by S.I. 2018/1123; S.I. 2019/939; S.I. 2022/500; and S.I. 2023/149. Part 4 is amended by S.I. 2018/1123. Part 5 is amended by the Policing and Crime Act 2017, Schedule 9, paragraph 74; the Armed Forces Act 2021, Schedule 4, paragraph 2; S.I. 2018/1310; S.I. 2019/742; S.I. 2022/500 and S.I. 2023/149. Part 6 is amended by S.I. 2022/500; S.I. 2023/149 and S.I. 2024/514. Part 7 is amended by the Data Protection Act 2018, Schedule 19, paragraphs 200 and 202; and S.I. 2019/419; S.I. 2022/500 and S.I. 2023/149.

(2)

Section 3(9) is amended by S.I. 2019/419.