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).