Information

Disclosure of information for security purposes
38
1
A person specified in subsection (2) may disclose information obtained or held in the course of his functions to a person specified in subsection (3) if he thinks that the information is likely to be of use for a purpose specified in—
a
section 1 of the Security Service Act 1989 (c. 5), or
b
section 1 or 3 of the Intelligence Services Act 1994 (c. 13).
2
The persons who may disclose information in accordance with subsection (1) are—
a
the Secretary of State in so far as he has functions under the Immigration Acts,
b
a chief officer of police, and
c
Her Majesty’s Revenue and Customs.
3
The persons to whom information may be disclosed in accordance with subsection (1) are—
a
the Director-General of the Security Service,
b
the Chief of the Secret Intelligence Service, and
c
the Director of the Government Communications Headquarters.
4
The information referred to in subsection (1) is information—
a
which is obtained or held in the exercise of a power specified by the Secretary of State and the Treasury jointly by order and relates to—
i
passengers on a ship or aircraft,
ii
crew of a ship or aircraft,
iii
freight on a ship or aircraft, or
iv
flights or voyages, or
b
which relates to such other matters in respect of travel or freight as the Secretary of State and the Treasury may jointly specify by order.
5
In subsection (2) “chief officer of police” means—
a
in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996 (c. 16),
b
in Scotland, the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77), and
c
in Northern Ireland, the chief constable of the Police Service of Northern Ireland.
6
An order under subsection (4) may not specify—
a
a power of Her Majesty’s Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or
b
a matter to which that section applies.
7
An order under this section—
a
shall be made by statutory instrument, and
b
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
8
This section has effect despite any restriction on the purposes for which information may be disclosed or used.