SCHEDULES

SCHEDULE 7Information: restrictions on disclosure

Part 2Restrictions on disclosures of particular types of information

HMRC & customs information

I12

1

An NCA officer must not disclose—

a

HMRC information,

b

personal customs information, or

c

personal customs revenue information,

unless the relevant authority consents to the disclosure.

2

If an NCA officer has disclosed—

a

HMRC information,

b

personal customs information, or

c

personal customs revenue information,

to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

3

In this paragraph—

  • HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

  • personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

  • relevant authority” means—

    1. a

      the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);

    2. b

      the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);

    3. c

      the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

Social security information

I23

1

An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.

2

If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

3

In this paragraph—

  • relevant authority” means—

    1. a

      the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);

    2. b

      the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

  • social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—

    1. a

      functions relating to social security, including functions relating to—

      1. i

        statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;

      2. ii

        maternity allowance under section 35 of that Act;

      3. iii

        statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

      4. iv

        maternity allowance under section 35 of that Act;

      5. v

        schemes and arrangements under section 2 of the Employment and Training Act 1973;

    2. b

      functions relating to the investigation and prosecution of offences relating to tax credits.

Intelligence service information

I34

1

An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.

2

If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

3

In this paragraph—

  • intelligence service” means—

    1. a

      the Security Service,

    2. b

      the Secret Intelligence Service, or

    3. c

      GCHQ (which has the same meaning as in the Intelligence Services Act 1994);

  • intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

  • relevant authority” means—

    1. a

      the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

    2. b

      the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

    3. c

      the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

Arrangements for publishing information

I45

The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on the Director General by the framework document in accordance with section 6(2).