Enterprise Act 2002

[F1 243C Overseas disclosures for designated cooperation arrangement purposes U.K.

(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for a purpose permitted under or by virtue of a designated cooperation arrangement.

(2) “Designated cooperation arrangement” means an arrangement or agreement that meets all of Conditions A to D.

(3) Condition A is that the arrangement or agreement is between—

(a) a public authority and an overseas public authority, or

(b) the United Kingdom and a country or territory.

(4) Condition B is that the arrangement or agreement relates to cooperation between—

(a) the public authority and the overseas public authority, or

(b) public authorities in the United Kingdom and persons or bodies in that country or territory,

for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b).

(5) Condition C is that the arrangement or agreement provides for—

(a) the overseas public authority and the public authority, or

(b) a person or body in that country or territory and public authorities in the United Kingdom,

to provide corresponding or substantially similar assistance to each other for the purposes of facilitating the exercise of functions related to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b).

(6) Condition D is that the arrangement or agreement is designated in regulations made by the Secretary of State.

(7) Before designating an arrangement or agreement in regulations under subsection (6), the Secretary of State must have regard in particular to whether the arrangement or agreement contains provision restricting or preventing—

(a) the use for another purpose of information disclosed for a purpose permitted under or by virtue of the arrangement or agreement;

(b) the further disclosure of such information.

(8) The Secretary of State may not designate an arrangement or agreement in regulations under subsection (6) unless the Secretary of State is satisfied that—

(a) the law and practice of the country or territory, or the country or territory of the overseas public authority, with whom the arrangement or agreement is with provides appropriate protection against self-incrimination in criminal proceedings, and

(b) the law and practice of that country or territory provides appropriate protection in relation to the storage and disclosure of confidential information.

(9) For the purposes of subsection (8), protection is appropriate if it provides protection in relation to the matter in question which corresponds or is substantially similar to that so provided in any part of the United Kingdom.

(10) Regulations under subsection (6) are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Ss. 243A-243F substituted for s. 243 (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(2), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(5)(a) (with Sch. para. 19, 20)