Information

Confidentiality
41
1
A person to whom relevant information is supplied (whether before or after the commencement of this section) may not disclose that information.
2
Information is relevant information if it is supplied by or on behalf of HMRC or the CPS under—
a
section 20 of the Immigration and Asylum Act 1999,
b
section 130 of the Nationality, Immigration and Asylum Act 2002,
c
section 36 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (except in so far as that section relates to information supplied to a chief officer of police), or
d
section 40 of this Act.
3
But subsection (1) does not apply to a disclosure—
a
which is made for a purpose within section 40(1),
b
which is made for the purposes of civil proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,
c
which is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom) relating to an immigration or nationality matter,
d
which is made in pursuance of an order of a court,
e
which is made with the consent (which may be general or specific) of HMRC or the CPS , depending on by whom or on whose behalf the information was supplied, or
f
which is made with the consent of each person to whom the information relates.
4
Subsection (1) is subject to any other enactment permitting disclosure.
5
The reference in subsection (1) to a person to whom relevant information is supplied includes a reference to a person who is or was acting on behalf of that person.
6
The reference in subsection (2) to information supplied under section 40 of this Act includes a reference to documents or articles supplied by virtue of subsection (2) of that section.
7
In subsection (3) “immigration or nationality matter” means a matter in respect of which the Secretary of State has immigration and nationality functions (within the meaning given in section 40(4)).
8
In subsection (4) “enactment” does not include—
a
an Act of the Scottish Parliament,
b
an Act of the Northern Ireland Assembly, or
c
an instrument made under an Act within paragraph (a) or (b).
S. 41 in force at 31.1.2008 by S.I. 2008/99, art. 2(m)
Words in s. 41(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 56
Words in s. 41(3)(e) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 56