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—
- a
the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);
- b
the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);
- 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).
- a
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—
- 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);
- 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);
- a
“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—
- a
functions relating to social security, including functions relating to—
- i
statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;
- ii
maternity allowance under section 35 of that Act;
- iii
statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
- iv
maternity allowance under section 35 of that Act;
- v
schemes and arrangements under section 2 of the Employment and Training Act 1973;
- i
- b
functions relating to the investigation and prosecution of offences relating to tax credits.
- a
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—
- a
the Security Service,
- b
the Secret Intelligence Service, or
- c
GCHQ (which has the same meaning as in the Intelligence Services Act 1994);
- a
“intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;
“relevant authority” means—
- 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);
- 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);
- c
the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).
- a
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).