SCHEDULE 1Amendments of the POA 1985 and the CRCA 2005
PART 2The CRCA 2005
10
1
Section 4015 (confidentiality) is amended as follows.
2
In subsection (1)—
a
for “The Revenue and Customs Prosecutions Office” substitute “The Crown Prosecution Service”;
b
in paragraph (a), for “the Prosecutions Office in connection with any of its functions” substitute “the Service in connection with any of the Director of Public Prosecution’s functions”;
c
omit the “and” following paragraph (a);
d
after paragraph (b) insert—
, and
c
was disclosed to the Director of Public Prosecutions by Her Majesty’s Revenue and Customs for use in connection with a Revenue and Customs function of the Director of Public Prosecutions.
3
In subsection (2)—
a
in paragraph (a)(i), for “the Prosecutions Office” substitute “the Director of Public Prosecutions”;
b
in paragraph (a)(ii), after “the Director” insert “of Public Prosecutions”;
c
in paragraph (ca)(iii), omit “the Director of Public Prosecutions,”;
d
omit paragraph (cb);
e
in paragraph (d), after “the Director” insert “of Public Prosecutions”;
f
after paragraph (e) insert—
ea
does not apply to a disclosure made with the consent of the Commissioners (which may be general or specific),
4
In subsection (4)—
a
for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;
b
for “the Office” substitute “the Service”.
5
In subsection (6)—
a
for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;
b
before paragraph (a) insert—
za
former members of the Crown Prosecution Service,
zb
persons who hold or have held appointment under section 5 of the Prosecution of Offences Act 1985,
c
in paragraph (a), for “the Office” substitute “the Revenue and Customs Prosecutions Office”;
d
in paragraph (b), omit “hold or”.
6
After subsection (6) insert—
6A
In this section “Revenue and Customs function of the Director of Public Prosecutions” means—
a
a function of the Director of Public Prosecutions under section 3(2)(ab), (bb) or (ee) of the Prosecution of Offences Act 1985, or
b
a function of the Director of Public Prosecutions under the Proceeds of Crime Act 2002 that relates to a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
7
In subsection (8), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
8
Omit subsection (10A).