Search Legislation

Serious Crime Act 2007

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: Cross Heading: Sharing information with anti-fraud organisations

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Serious Crime Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Serious Crime Act 2007

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Sharing information with anti-fraud organisationsE+W+S+N.I.

68Disclosure of information to prevent fraudE+W+S+N.I.

(1)A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

(2)The information—

(a)may be information of any kind; and

(b)may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.

(3)Disclosure under this section does not breach—

(a)any obligation of confidence owed by the public authority disclosing the information; or

(b)any other restriction on the disclosure of information (however imposed).

(4)But nothing in this section authorises any disclosure of information which—

(a)contravenes the Data Protection Act 1998 (c. 29); or

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

(5)Nothing in this section authorises any disclosure by a relevant public authority of information whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(6)In subsection (5) “relevant public authority” means a public authority which has (whether alone or in addition to other functions) functions which are exercisable within devolved competence (within the meaning given by section 54 of the Scotland Act 1998 (c. 46)).

(7)This section does not limit the circumstances in which information may be disclosed apart from this section.

(8)In this section—

  • an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;

  • information” includes documents;

  • public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and

  • specified” means specified by an order made by the Secretary of State.

69Offence for certain further disclosures of informationE+W+S+N.I.

(1)A person (“B”) commits an offence, subject as follows, if—

(a)B discloses protected information which has been disclosed by a public authority—

(i)as a result of the public authority being a member of a specified anti-fraud organisation; or

(ii)otherwise in accordance with any arrangements made by such an organisation;

(b)the information—

(i)has been so disclosed by the public authority to B; or

(ii)has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and

(c)B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).

(2)Subsection (1) does not apply to a disclosure made by B—

(a)where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person;

(b)for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;

(c)with the consent of the public authority concerned; or

(d)in pursuance of a Community obligation or a duty imposed by an enactment;

but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.

(3)Subsection (1) does not apply to a disclosure made by B of information—

(a)which has been disclosed by a relevant public authority; and

(b)whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;

and subsection (6) of section 68 applies for the purposes of this subsection as it applies for the purposes of subsection (5) of that section.

(4)It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

(a)that the disclosure was lawful; or

(b)that the information had already and lawfully been made available to the public.

(5)In this section “protected information” means—

(a)any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or

(b)any specified information disclosed by a specified public authority.

(6)For the purposes of this section—

(a)revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person;

(b)revenue and customs information reveals a person's identity if—

(i)it specifies his identity; or

(ii)his identity can be deduced from it; and

(c)revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised.

(7)In this section—

  • Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs;

  • enactment” has the same meaning as in section 14;

  • public authority” has the same meaning as in section 68;

  • Revenue and Customs” means—

    (a)

    the Commissioners of Revenue and Customs;

    (b)

    an officer of Revenue and Customs; or

    (c)

    a person acting on behalf of the Commissioners or an officer of Revenue and Customs;

  • specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;

  • specified information” means information specified or described in an order made by the Secretary of State; and

  • specified public authority” means a public authority specified or described in an order made by the Secretary of State.

70Penalty and prosecution for offence under section 69E+W+S+N.I.

(1)A person who commits an offence under section 69 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2)A prosecution for an offence under section 69 may be begun in England and Wales only—

(a)in the case of revenue and customs information disclosed by Revenue and Customs—

(i)by the Director of Revenue and Customs Prosecutions; or

(ii)with the consent of the Director of Public Prosecutions; and

(b)in any other case, with the consent of the Director of Public Prosecutions.

(3)A prosecution for an offence under section 69 may be begun in Northern Ireland only—

(a)in the case of revenue and customs information disclosed by Revenue and Customs—

(i)by the Commissioners of Revenue and Customs; or

(ii)with the consent of the Director of Public Prosecutions for Northern Ireland; and

(b)in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland.

(4)If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of—

(a)an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or

(b)a person who was purporting to act in any such capacity;

he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

(5)In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.

(6)In this section—

  • body corporate” includes a limited liability partnership;

  • Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;

  • director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

  • officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and

  • senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.

71Code of practice for disclosure of information to prevent fraudE+W+S+N.I.

(1)The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.

(2)Before preparing or altering the code, the Secretary of State must consult—

(a)any specified anti-fraud organisation;

(b)the Information Commissioner; and

(c)such other persons as the Secretary of State considers appropriate.

(3)A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

(4)Nothing in this section applies in relation to any disclosure by a relevant public authority of information whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of the Scottish Parliament.

(5)The Secretary of State must—

(a)lay a copy of the code, and of any alterations to it, before Parliament; and

(b)from time to time publish the code as for the time being in force.

(6)In this section—

  • information” and “public authority” have the same meaning as in section 68;

  • relevant public authority” has the meaning given by section 68(6); and

  • specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.

72Data protection rulesE+W+S+N.I.

In Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert—

7A(1)The processing—

(a)is either—

(i)the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or

(ii)any other processing by that person or another person of sensitive personal data so disclosed; and

(b)is necessary for the purposes of preventing fraud or a particular kind of fraud.

(2)In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources