Immigration, Asylum and Nationality Act 2006

38 Disclosure of information for security purposes

(1) A person specified in subsection (2) may disclose information obtained or held in the course of his functions to a person specified in subsection (3) if he thinks that the information is likely to be of use for a purpose specified in—

(a) section 1 of the Security Service Act 1989 (c. 5), or

(b) section 1 or 3 of the Intelligence Services Act 1994 (c. 13).

(2) The persons who may disclose information in accordance with subsection (1) are—

(a) the Secretary of State in so far as he has functions under the Immigration Acts,

(b) a chief officer of police, and

(c) Her Majesty’s Revenue and Customs.

(3) The persons to whom information may be disclosed in accordance with subsection (1) are—

(a) the Director-General of the Security Service,

(b) the Chief of the Secret Intelligence Service, and

(c) the Director of the Government Communications Headquarters.

(4) The information referred to in subsection (1) is information—

(a) which is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—

(i) passengers on a ship or aircraft,

(ii) crew of a ship or aircraft,

(iii) freight on a ship or aircraft, or

(iv) flights or voyages, or

(b) which relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.

(5) In subsection (2) “chief officer of police” means—

(a) in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),

(b) in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77), and

(c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland.

(6) An order under subsection (4) may not specify—

(a) a power of Her Majesty’s Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or

(b) a matter to which that section applies.

(7) An order under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(8) This section has effect despite any restriction on the purposes for which information may be disclosed or used.