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Finance Act 2003, Cross Heading: Access to or supply of photograph or copy of documents delivered is up to date with all changes known to be in force on or before 19 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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39(1)If a request for permission to be granted access to a document that—U.K.
(a)has been delivered to an officer of the Board under this Part of this Schedule, and
(b)is retained by the Board for the purposes of investigating an offence,
is made to the officer in overall charge of the investigation by a person who had custody or control of the document immediately before it was so delivered, or by someone acting on behalf of any such person, the officer shall allow the person who made the request access to it under the supervision of an officer of the Board.
(2)If a request for a photograph or copy of any such document is made to the officer in overall charge of the investigation by a person who had custody or control of the document immediately before it was so delivered, or by someone acting on behalf of any such person, the officer shall—
(a)allow the person who made the request access to it under the supervision of an officer of the Board for the purpose of photographing or copying it, or
(b)photograph or copy it, or cause it to be photographed or copied.
(3)Where a document is photographed or copied under sub-paragraph (2)(b) the photograph or copy shall be supplied to the person who made the request.
(4)The photograph or copy shall be supplied within a reasonable time from the making of the request.
(5)There is no duty under this paragraph to grant access to, or to supply a photograph or copy of, a document if the officer in overall charge of the investigation for the purposes of which it was delivered has reasonable grounds for believing that to do so would prejudice—
(a)that investigation,
(b)the investigation of an offence other than the offence for the purposes of the investigation of which the document was delivered, or
(c)any criminal proceedings that may be brought as a result of—
(i)the investigation of which he is in charge, or
(ii)any such investigation as is mentioned in paragraph (b).
(6)The references in this paragraph to the officer in overall charge of the investigation is to the person whose name and address are endorsed on the order concerned as being the officer so in charge.
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