SCHEDULES

SCHEDULE 25Mutual assistance for recovery of taxes etc

Onward disclosure of information received from HMRC

4

1

A public authority commits an offence if—

a

it discloses relevant information, and

b

the disclosure is not permitted by sub-paragraph (3).

2

“Relevant information” is information that—

a

the public authority has received from HMRC by virtue of paragraph 3, and

b

relates to a person whose identity is specified in the disclosure or can be deduced from it.

3

A disclosure is permitted by this sub-paragraph if it is made—

a

in accordance with paragraph 3,

b

in accordance with another enactment (or an instrument made under an enactment) permitting the disclosure,

c

in pursuance of an order of a court,

d

for the purposes of civil proceedings (whether or not within the United Kingdom),

e

for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),

f

with the consent of each person to whom the information relates, or

g

with the consent of the Commissioners.

4

Sub-paragraph (1) applies to each of the following as it applies to a public authority—

a

an employee or agent of the public authority;

b

anyone providing services or exercising functions on behalf of the public authority;

c

anyone authorised by the public authority to receive information on its behalf.

5

1

It is a defence for a person charged with an offence under paragraph 4 to prove that the person reasonably believed—

a

that the disclosure was lawful, or

b

that the information had already and lawfully been made available to the public.

2

A person guilty of an offence under paragraph 4 is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;

b

on summary conviction, to imprisonment for a term not exceeding F312 monthsF3the general limit in a magistrates’ court or a fine not exceeding the statutory maximum, or both.

3

A prosecution for an offence under paragraph 4 may be instituted in England and Wales F1only by or with the consent of the Director of Public Prosecutions.

4

A prosecution for an offence under paragraph 4 may be instituted in Northern Ireland only—

a

by the Commissioners, or

b

with the consent of the Director of Public Prosecutions for Northern Ireland.

5

In the application of this paragraph—

a

in England and Wales, in relation to an offence committed before F22 May 2022, or

b

in Northern Ireland,

the reference in sub-paragraph (2)(b) to F412 monthsF4the general limit in a magistrates’ court is to be read as a reference to 6 months.