Part 10Information

England and Wales and Northern Ireland

I1I2436 Disclosure of information to F1certain F8DirectorsF8authorities

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 F2subsection (10)) may be disclosed to F9the DirectorF9a relevant authority for the purpose of the exercise by F10the DirectorF10the authority of F11hisF11the authority's functions F3under, 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 F14the data protection legislation;

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;

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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;

F5ga

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

h

the Director of Public Prosecutions for Northern Ireland.

F12i

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.

F77A

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.

F610

In this section F13the DirectorF13“relevant authority” has the same meaning as in section 435.