Part 9

Information

Permitted disclosure

Relevant considerations relating to overseas disclosures under sections 243A and 243B
243F
1
This section applies when a public authority is deciding whether to make a disclosure under section 243A or 243B.
2
In deciding whether to make a disclosure under section 243A, the public authority must have regard in particular to the following considerations—
a
whether the law and practice of the country or territory to whose authority the disclosure would be made provides appropriate protection against self-incrimination in criminal proceedings;
b
whether the law and practice of that country or territory provides appropriate protection in relation to the storage and disclosure of confidential information.
3
In deciding whether to make a disclosure under section 243B, the public authority must have regard in particular to the considerations in subsection (2) and the following additional considerations—
a
whether the matter in respect of which the disclosure is sought is sufficiently serious to justify making the disclosure;
b
whether the disclosure would further the aims or purposes of any convention or treaty relating in whole or in part to cooperation in matters relating to competition or consumer protection to which the United Kingdom and the country or territory of the authority to whom the disclosure would be made are parties;
c
whether there are arrangements in place for the provision of mutual assistance as between the United Kingdom and that country or territory to whose authority the disclosure would be made in relation to the disclosure of information of the kind to which section 237 applies;
d
whether a person or body in that country or territory would assist the public authority in a way that corresponds or is substantially similar to the assistance that it is proposed the public authority give to the overseas public authority by making the disclosure.
4
For the purposes of this section, 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.
5
The Secretary of State may by regulations amend subsections (2) and (3) so as to—
a
alter any consideration for the time being included in those subsections;
b
add further considerations;
c
remove any considerations.
6
Regulations under subsection (5) are to be made by statutory instrument and are subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. 9 applied (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419) (N.I. 6), art. 63; S.R. 2003/203, art. 2, Sch.
Pt. 9 applied (20.6.2003) by S.I. 1990/1715, reg. 5 (as inserted by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 17(5))
Pt. 9 (ss. 237-247) modified (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 29(3)-(7), 66 (with s. 6(9))
Pt. 9 modified (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 29(3)-(7), 66(2) (with s. 6(9)); S.I. 2008/2550, art. 2, Sch.
Pt. 9 restricted (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(a), 119(3) (with reg. 3)
Pt. 9 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(b)(c), 107 (with reg. 3)
Pt. 9 modified (13.8.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(2)(a), 147(3) (with reg. 3)
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)