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Part 10E+W+S+N.I.Information

England and Wales and Northern IrelandE+W+S+N.I.

[F1435Use of information by certain [F2Directors] [F2authorities] E+W+S+N.I.

(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.]

Annotations:

Amendments (Textual)

F2Word in s. 435 heading substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(2) (with Sch. 5 para. 77(6))

F3Words in s. 435(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(a) (with Sch. 5 para. 77(6))

F4Words in s. 435(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(b) (with Sch. 5 para. 77(6))

F5Words in s. 435(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(3)(c) (with Sch. 5 para. 77(6))

F6Words in s. 435(2) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(a) (with Sch. 5 para. 77(6))

F7Words in s. 435(2) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(b) (with Sch. 5 para. 77(6))

F8Words in s. 435(2) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(4)(c) (with Sch. 5 para. 77(6))

F9Words in s. 435(4) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(a) (with Sch. 5 para. 77(6))

F10Word in s. 435(4)(b) omitted (27.4.2017 for specified purposes) 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))

F11S. 435(4)(d)(e) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 77(5)(c) (with Sch. 5 para. 77(6))

436 Disclosure of information to [F12certain [F13Directors] [F13authorities]] E+W+S+N.I.

(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 the Data Protection Act 1998 (c. 29);

(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

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

(5)These are permitted persons—

(a)a constable;

F19(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;

F20(ga). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F21(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.

[F22(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.

[F23(10)In this section [F24the Director] [F24“relevant authority”] has the same meaning as in section 435.]

Annotations:

Amendments (Textual)

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) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(2) (with Sch. 5 para. 78(6))

F15Words in s. 436(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(a) (with Sch. 5 para. 78(6))

F16Words in s. 436(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(b) (with Sch. 5 para. 78(6))

F17Words in s. 436(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(3)(c) (with Sch. 5 para. 78(6))

F21S. 436(5)(i) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(4) (with Sch. 5 para. 78(6))

F24Words in s. 436(10) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 78(5) (with Sch. 5 para. 78(6))

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 disclosureE+W+S+N.I.

(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 [F25the Director’s] [F25a relevant authority's] functions [F26under, 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 [F27the Director] [F27a relevant authority] may make the disclosure subject to such conditions as to further disclosure by [F28the Director] [F28the authority] as the permitted person thinks appropriate; and the information must not be further disclosed in contravention of the conditions.

[F29(7)In this section [F30the Director] [F30“relevant authority”] has the same meaning as in section 435.]

Annotations:

Amendments (Textual)

F25Words in s. 437(2)(a) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(2)

F27Words in s. 437(6) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(a)

F28Words in s. 437(6) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(3)(b)

F30Words in s. 437(7) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 79(4)

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 [F31certain [F32Directors] [F32authorities]] E+W+S+N.I.

(1)Information obtained by or on behalf of [F33the Director] [F33a relevant authority] in connection with the exercise of any of [F34his] [F34the authority's] functions [F35under, or in relation to, Part 5 or 8] may be disclosed by [F36him] [F36the 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 [F37Director’s] [F37authority's] functions [F38under, 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 [F39or 8] ;

(f)the exercise by a customs officer [F40, an accredited financial investigator] [F41or a constable] [F41, a constable or an SFO officer] of his functions under Chapter 3 [F42, 3A or 3B] of Part 5;

[F43(fa)the exercise of any functions of [F44the National Crime Agency] [F45or another [F46Director] [F46relevant 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.

F47(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If [F48the Director] [F48a relevant authority] makes a disclosure of information for a purpose specified in subsection (1) [F49he] [F49the authority] may make any further disclosure of the information by the person to whom [F49he] [F49the authority] discloses it subject to such conditions as [F49he] [F49the 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 the Data Protection Act 1998 (c. 29);

(b)which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

[F50(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.

[F51(10)In this section [F52the Director] [F52“relevant authority”] has the same meaning as in section 435.]

Annotations:

Amendments (Textual)

F31Words 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)

F32Word in s. 438 heading substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(2) (with Sch. 5 para. 80(6))

F33Words in s. 438(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(i) (with Sch. 5 para. 80(6))

F34Words in s. 438(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(ii) (with Sch. 5 para. 80(6))

F36Words in s. 438(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(a)(iii) (with Sch. 5 para. 80(6))

F37Word in s. 438(1)(c) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(b) (with Sch. 5 para. 80(6))

F39Words in s. 438(1)(e) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(c) (with Sch. 5 para. 80(6))

F41Words in s. 438(1)(f) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(i) (with Sch. 5 para. 80(6))

F42Words in s. 438(1)(f) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(d)(ii) (with Sch. 5 para. 80(6))

F44Words 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)

F46Words in s. 438(1)(fa) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(3)(e) (with Sch. 5 para. 80(6))

F48Words in s. 438(5) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(a) (with Sch. 5 para. 80(6))

F49Words in s. 438(5) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(4)(b) (with Sch. 5 para. 80(6))

F52Words in s. 438(10) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 80(5) (with Sch. 5 para. 80(6))

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.