Information

41BF1UK Border Agency: onward disclosure

1

A person to whom information is supplied under section 41A may not disclose that information.

2

But subsection (1) does not apply to a disclosure—

a

which is made for the purpose of a customs function, where the disclosure does not contravene any restriction imposed by the Commissioners for Her Majesty's Revenue and Customs;

b

which is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to a customs function;

c

which is made for the purpose of a criminal investigation or criminal proceedings (whether or not within the United Kingdom);

d

which is made in pursuance of an order of a court;

e

which is made with the consent (which may be general or specific) of HMRC or F2 the CPS , depending on by whom or on whose behalf the information was supplied;

f

which is made with the consent of each person to whom the information relates.

3

Subsection (1) is subject to any other enactment permitting disclosure.

4

The reference in subsection (1) to information supplied under section 41A includes a reference to documents or articles supplied by virtue of subsection (3) of that section.

5

The reference in that subsection to a person to whom information is supplied includes a reference to a person who is or was acting on behalf of that person.

6

In subsection (3) “ enactment ” does not include—

a

an Act of the Scottish Parliament,

b

an Act of the Northern Ireland Assembly, or

c

an instrument made under an Act within paragraph (a) or (b).