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Proceeds of Crime Act 2002

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Part 10U.K.Information

England and Wales and Northern IrelandU.K.

[F1435Use of information by certain [F2Directors] [F2authorities] U.K.

(1)Information obtained by or on behalf of [F3the Director] [F3a relevant authority] in connection with the exercise of any of [F4his] [F4the authority's] functions under, or in relation to, Part 5 or 8 may be used by [F5him] [F5the authority] in connection with his exercise of any of [F4his] [F4the authority's] other functions (whether under, or in relation to, either Part, another Part of this Act or otherwise).

(2)Information obtained by or on behalf of [F6the Director] [F6a relevant authority] in connection with the exercise of any of [F7his] [F7the authority's] functions (whether under, or in relation to, this Act or otherwise) which are not functions under, or in relation to, Part 5 or 8 may be used by [F8him] [F8the authority] in connection with his exercise of any of [F7his] [F7the authority's] functions under, or in relation to, Part 5 or 8.

(3)This section applies to information obtained before the coming into force of the section as well as to information obtained after the coming into force of the section.

(4)In this section [F9the Director] [F9“relevant authority”] means—

(a)the Director of Public Prosecutions;

(b)the Director of the Serious Fraud Office; [F10or]

(c)the Director of Public Prosecutions for Northern Ireland.]

[F11(d)Her Majesty's Revenue and Customs; or

(e)the Financial Conduct Authority.]

Textual Amendments

F2Word in s. 435 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(2) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F3Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F4Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F5Words in s. 435(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F6Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F7Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F8Words in s. 435(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F9Words in s. 435(4) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(a) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F10Word in s. 435(4)(b) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(b) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

F11S. 435(4)(d)(e) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(c) (with Sch. 5 para. 77(6)); S.I. 2018/78, reg. 5(1)(e)

436 Disclosure of information to [F12certain [F13Directors] [F13authorities]] U.K.

(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of [F14subsection (10)]) may be disclosed to [F15the Director] [F15a relevant authority] for the purpose of the exercise by [F16the Director] [F16the authority] of [F17his] [F17the authority's] functions [F18under, or in relation to, Part 5 or 8].

(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises the making of a disclosure—

(a)which contravenes [F19the data protection legislation];

(b)which is prohibited by [F20any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(4)This section does not affect a power to disclose which exists apart from this section.

(5)These are permitted persons—

(a)a constable;

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Director of the Serious Fraud Office;

(e)the Commissioners of Inland Revenue;

(f)the Commissioners of Customs and Excise;

(g)the Director of Public Prosecutions;

F22(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the Director of Public Prosecutions for Northern Ireland.

[F23(i)the Financial Conduct Authority.]

(6)The Secretary of State may by order designate as permitted persons other persons who exercise functions which he believes are of a public nature.

(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.

[F24(7A)In relation to persons exercising functions in Northern Ireland, any reference in subsection (6) to the Secretary of State must be read as a reference to the Department of Justice in Northern Ireland.]

(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

[F25(10)In this section [F26the Director] [F26“relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F12Words in s. 436 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 132(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F13Word in s. 436 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(2) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

F15Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(a) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

F16Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(b) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

F17Words in s. 436(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(c) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

F19Words in s. 436(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 81 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F23S. 436(5)(i) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(4) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

F26Words in s. 436(10) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(5) (with Sch. 5 para. 78(6)); S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I1S. 436 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I2S. 436 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

437 Further disclosureU.K.

(1)Subsection (2) applies to information obtained under section 436 from the Commissioners of Inland Revenue or from the Commissioners of Customs and Excise or from a person acting on behalf of either of them.

(2)Such information must not be further disclosed except—

(a)for a purpose connected with the exercise of [F27the Director’s] [F27a relevant authority's] functions [F28under, or in relation to, Part 5 or 8 ], and

(b)with the consent of the Commissioners concerned.

(3)Consent under subsection (2) may be given—

(a)in relation to a particular disclosure;

(b)in relation to disclosures made in circumstances specified or described in the consent.

(4)The power to consent to further disclosure under subsection (2)(b) may be delegated (either generally or for a specified purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

(5)Subsection (6) applies to information obtained under section 436 from a permitted person other than the Commissioners of Inland Revenue or the Commissioners of Customs and Excise or a person acting on behalf of either of them.

(6)A permitted person who discloses such information to [F29the Director] [F29a relevant authority] may make the disclosure subject to such conditions as to further disclosure by [F30the Director] [F30the authority] as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.

[F31(7)In this section [F32the Director] [F32“relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F27Words in s. 437(2)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(2); S.I. 2018/78, reg. 5(1)(e)

F29Words in s. 437(6) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(a); S.I. 2018/78, reg. 5(1)(e)

F30Words in s. 437(6) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(b); S.I. 2018/78, reg. 5(1)(e)

F32Words in s. 437(7) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(4); S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I3S. 437 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I4S. 437 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

438 Disclosure of information by [F33certain [F34Directors] [F34authorities]] U.K.

(1)Information obtained by or on behalf of [F35the Director] [F35a relevant authority] in connection with the exercise of any of [F36his] [F36the authority's] functions [F37under, or in relation to, Part 5 or 8] may be disclosed by [F38him] [F38the authority] if the disclosure is for the purposes of any of the following—

(a)any criminal investigation which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b)any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;

(c)the exercise of the [F39Director’s] [F39authority's] functions [F40under, or in relation to, Part 5 or 8];

(d)the exercise by the prosecutor of functions under Parts 2, 3 and 4;

(e)the exercise by the Scottish Ministers of their functions under Part 5 [F41or 8] ;

(f)the exercise by a customs officer [F42, an accredited financial investigator] [F43or a constable] [F43, a constable or an SFO officer] of his functions under Chapter 3 [F44, 3A or 3B] of Part 5;

[F45(fa)the exercise of any functions of [F46the National Crime Agency] [F47or another [F48Director] [F48relevant authority]] under, or in relation to, Part 5 or 8;]

(g)safeguarding national security;

(h)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447;

(i)the exercise of a designated function.

F49(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If [F50the Director] [F50a relevant authority] makes a disclosure of information for a purpose specified in subsection (1) [F51he] [F51the authority] may make any further disclosure of the information by the person to whom [F51he] [F51the authority] discloses it subject to such conditions as [F51he] [F51the authority] thinks fit.

(6)Such a person must not further disclose the information in contravention of the conditions.

(7)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(8)But nothing in this section authorises the making of a disclosure—

(a)which contravenes [F52the data protection legislation];

(b)which is prohibited by [F53any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

[F54(8A)This section does not affect a power to disclose which exists apart from this section.

(8B)This section applies to information obtained before the coming into force of subsection (10) as well as to information obtained after the coming into force of that subsection.]

(9)A designated function is a function which the Secretary of State thinks is a function of a public nature and which he designates by order.

[F55(10)In this section [F56the Director] [F56“relevant authority”] has the same meaning as in section 435.]

Textual Amendments

F33Words in s. 438 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 134(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F34Word in s. 438 heading substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(2) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F35Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(i) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F36Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(ii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F38Words in s. 438(1) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(iii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F39Word in s. 438(1)(c) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(b) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F41Words in s. 438(1)(e) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(c) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F43Words in s. 438(1)(f) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(i) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F44Words in s. 438(1)(f) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(ii) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F46Words in s. 438(1)(fa) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 146; S.I. 2013/1682, art. 3(v)

F48Words in s. 438(1)(fa) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(e) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F50Words in s. 438(5) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(a) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F51Words in s. 438(5) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(b) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

F52Words in s. 438(8)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 82 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F56Words in s. 438(10) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(5) (with Sch. 5 para. 80(6)); S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I5S. 438 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I6S. 438 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

ScotlandU.K.

439 Disclosure of information to Lord Advocate and to Scottish MinistersU.K.

(1)Information which is held by or on behalf of a permitted person (whether it was obtained before or after the coming into force of this section) may be disclosed to the Lord Advocate in connection with the exercise of any of his functions under Part 3 or to the Scottish Ministers in connection with the exercise of any of their functions under Part 5 [F57or 8].

(2)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises the making of a disclosure—

(a)which contravenes [F58the data protection legislation];

(b)which is prohibited by [F59any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(4)This section does not affect a power to disclose which exists apart from this section.

(5)These are permitted persons—

(a)a constable;

[F60(b)[F61[F62the National Crime Agency] but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act];]

(d)the Director of the Serious Fraud Office;

(e)the Commissioners of Inland Revenue;

(f)the Commissioners of Customs and Excise;

F63(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Director of Public Prosecutions;

(h)the Director of Public Prosecutions for Northern Ireland.

[F64(i)the Financial Conduct Authority.]

(6)The Scottish Ministers may by order designate as permitted persons other persons who exercise functions which they believe are of a public nature.

(7)But an order under subsection (6) must specify the functions in respect of which the designation is made.

(8)Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(9)The power to authorise a disclosure under subsection (8) may be delegated (either generally or for a specified purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

Textual Amendments

F57Words in s. 439(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(2) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e)

F58Words in s. 439(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 83 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F61Words in s. 439(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 135(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F62Words in s. 439(5)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 147; S.I. 2013/1682, art. 3(v)

F64S. 439(5)(i) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 81(3) (with Sch. 5 para. 81(4)); S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I7S. 439 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I8S. 439 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

440 Further disclosureU.K.

(1)Subsection (2) applies to information obtained under section 439 from the Commissioners of Inland Revenue or from the Commissioners of Customs and Excise or from a person acting on behalf of either of them.

(2)Such information must not be further disclosed except—

(a)for a purpose connected with the exercise of the functions of the Lord Advocate under Part 3 and of the Scottish Ministers under Part 5, and

(b)with the consent of the Commissioners concerned.

(3)Consent under subsection (2) may be given—

(a)in relation to a particular disclosure;

(b)in relation to disclosures made in circumstances specified or described in the consent.

(4)The power to consent to further disclosure under subsection (2)(b) may be delegated (either generally or for a specified purpose)—

(a)in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue;

(b)in the case of the Commissioners of Customs and Excise, to a customs officer.

(5)Subsection (6) applies to information obtained under section 439 from a permitted person other than the Commissioners of Inland Revenue or the Commissioners of Customs and Excise or a person acting on behalf of either of them.

(6)A permitted person who discloses such information to the Lord Advocate or to the Scottish Ministers may make the disclosure subject to such conditions as to further disclosure by the Lord Advocate or by the Scottish Ministers as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.

Commencement Information

I9S. 440 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I10S. 440 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

441 Disclosure of information by Lord Advocate and by Scottish MinistersU.K.

(1)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Chapter 3 [F65or 3A] of Part 5 may be disclosed to the Scottish Ministers in connection with the exercise of any of their functions under that Part.

(2)Information obtained by or on behalf of the Lord Advocate in connection with the exercise of any of his functions under Part 3 or by or on behalf of the Scottish Ministers in connection with the exercise of any of their functions under Part 5 [F66or 8] may be disclosed by him or by them if the disclosure is for the purposes of any of the following—

(a)any criminal investigation which is being or may be carried out whether in the United Kingdom or elsewhere;

(b)any criminal proceedings which have been or may be started, whether in the United Kingdom or elsewhere;

(c)the exercise of the functions of the Lord Advocate under Part 3;

(d)the exercise of the functions of the Scottish Ministers under Part 5 [F67or 8];

(e)the exercise by the prosecutor of functions under Parts 2, 3 and 4;

[F68(fa)the exercise of the [F69functions of the Director of Public Prosecutions, F70... the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland ] [F69functions of a relevant authority, as defined by section 435(4),] under, or in relation to, Part 5 or 8;]

(g)the exercise by [F71a customs officer or] a constable of his functions under Chapter 3 [F72, 3A or 3B] of Part 5;

(h)safeguarding national security;

(i)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447;

(j)the exercise of a designated function.

(3)If the Lord Advocate makes a disclosure of information for a purpose specified in subsection (2) he may make any further disclosure of the information by the person to whom he discloses it subject to such conditions as he thinks fit.

(4)If the Scottish Ministers make a disclosure of information for a purpose specified in subsection (2) they may make any further disclosure of the information by the person to whom they disclose it subject to such conditions as they think fit.

(5)A person mentioned in subsection (3) or (4) must not further disclose the information in contravention of the conditions.

(6)A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(7)But nothing in this section authorises the making of a disclosure—

(a)which contravenes [F73the data protection legislation];

(b)which is prohibited by [F74any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(8)This section does not affect a power to disclose which exists apart from this section.

(9)A designated function is a function which the Scottish Ministers think is a function of a public nature and which they designate by order.

Textual Amendments

F65Words in s. 441(1) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(2); S.I. 2018/78, reg. 5(1)(e)

F66Words in s. 441(2) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(a); S.I. 2018/78, reg. 5(1)(e)

F67Words in s. 441(2)(d) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(b); S.I. 2018/78, reg. 5(1)(e)

F68S. 441(2)(fa) substituted for s. 441(2)(f) (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 136; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F69Words in s. 441(2)(fa) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(c); S.I. 2018/78, reg. 5(1)(e)

F71Word in s. 441(2)(g) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(i); S.I. 2018/78, reg. 5(1)(e)

F72Words in s. 441(2)(g) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 82(3)(d)(ii); S.I. 2018/78, reg. 5(1)(e)

F73Words in s. 441(7)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 84 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I11S. 441 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I12S. 441 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

Overseas purposesU.K.

442 Restriction on disclosure for overseas purposesU.K.

(1)Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restrictions on disclosure of information for overseas purposes) applies to a disclosure of information authorised by section 438(1)(a) or (b) or 441(2)(a) or (b).

(2)In the application of section 18 of the Anti-terrorism, Crime and Security Act 2001 by virtue of subsection (1) section 20 of that Act must be ignored and the following subsection is substituted for subsection (2) of section 18 of that Act—

(2)In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure which—

(a)is made for a purpose authorised by section 438(1)(a) or (b) or 441(2)(a) or (b) of the Proceeds of Crime Act 2002, and

(b)is of any such information as is described in the direction..

Commencement Information

I13S. 442 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I14S. 442 in force at 24.3.2003 in so far as not already in force by S.I. 2003/333, art. 2, Sch.

[F75442AData protection legislationU.K.

In this Part, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

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