|
| |
|
(i) | by Her Majesty’s Revenue and Customs, or |
| |
(ii) | by a person providing services to the |
| |
Commissioners for Her Majesty’s Revenue |
| |
and Customs in connection with the provision |
| |
| 5 |
or information which is held with information so held; |
| |
“social security information” means information which is held |
| |
for the purposes of functions relating to social security— |
| |
(a) | by the Secretary of State or a Northern Ireland |
| |
| 10 |
(b) | by a person providing services to the Secretary of |
| |
State, or a Northern Ireland Department, in |
| |
connection with the provision of those services, |
| |
or information which is held with information so held. |
| |
(2A) | The reference in sub-paragraph (2) to functions relating to social |
| 15 |
security includes a reference to functions relating to any of the |
| |
matters listed in section 127(8) of the Welfare Reform Act 2012 |
| |
(statutory payments and maternity allowances). |
| |
(3) | In this paragraph “relevant person” means a person who is |
| |
appointed by the Lord Chancellor under section 2(1) or provided |
| 20 |
under a contract made by virtue of section 2(4).” |
| |
(6) | In paragraph 9B(1) (limits on onward disclosure)— |
| |
(a) | for “9A(3)” substitute “9A”, and |
| |
(b) | for the words after “making” substitute “, by the relevant court or a |
| |
fines officer, of such a decision, order or application as is mentioned in |
| 25 |
| |
(7) | In paragraph 9B(2)(b) (use of information otherwise than in connection with |
| |
decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub- |
| |
paragraph” substitute “, order or application as is mentioned in paragraph |
| |
| 30 |
(8) | In paragraph 9B(3) (disclosures that are not unlawful)— |
| |
(a) | in paragraph (a) (disclosure in accordance with order of a court etc) |
| |
after “order of a court” insert “or of a tribunal established by or under |
| |
| |
(b) | in paragraph (b) (disclosure of information previously lawfully |
| 35 |
disclosed) after “disclose” insert “or use— |
| |
(i) | any information which is in the form of a |
| |
summary or collection of information so |
| |
framed as not to enable information relating |
| |
to any particular person to be ascertained |
| 40 |
| |
| |
(9) | In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed |
| |
information punishable on summary conviction by a fine not exceeding level |
| |
4) for the words from “liable” to the end substitute “liable— |
| 45 |
(a) | on conviction on indictment— |
| |
(i) | to imprisonment for a term not exceeding 2 years, or |
| |
| |
|
| |
|
| |
|
| |
(b) | on summary conviction— |
| |
(i) | to imprisonment for a term not exceeding 12 months, |
| |
| |
(ii) | to a fine not exceeding the statutory maximum, or |
| 5 |
| |
(10) | In paragraph 9B after sub-paragraph (5) insert— |
| |
“(6) | Sub-paragraph (5)(b) applies in relation to offences committed |
| |
before the commencement of section 154(1) of the Criminal Justice |
| |
Act 2003 (general limit on power of magistrates’ courts to impose |
| 10 |
imprisonment) as if the reference to 12 months were a reference to 6 |
| |
| |
(7) | A prosecution for an offence under sub-paragraph (2) may be |
| |
instituted only by or with the consent of the Director of Public |
| |
| 15 |
(11) | Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”). |
| |
(12) | In paragraph 9C (interpretation etc of paragraphs 9A and 9B)— |
| |
(a) | in sub-paragraph (1) for “This paragraph applies” substitute “Sub- |
| |
paragraphs (3) and (3A) apply”, and |
| |
(b) | after sub-paragraph (3) insert— |
| 20 |
“(3A) | “Relevant court” has the same meaning as in Part 3 of this |
| |
| |
(3B) | In paragraphs 9A and 10 (as in the provisions of this Schedule |
| |
which extend to England and Wales only)— |
| |
“fines officer” has the meaning given by section 36; |
| 25 |
“P” has the meaning given by paragraph 1.” |
| |
(13) | Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this |
| |
section, extend to Scotland and Northern Ireland (as well as to England and |
| |
| |
(14) | Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) |
| 30 |
and (3), Act extends to England and Wales only) after “(3)” insert “and to |
| |
section 24(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C |
| |
| |
25 | Disclosure of information for calculating fees of courts, tribunals etc |
| |
(1) | The Secretary of State or a Northern Ireland Department, or a person providing |
| 35 |
services to the Secretary of State or a Northern Ireland Department, may |
| |
disclose social security information to a relevant person who wants social |
| |
security information in connection with deciding a fee-remission application. |
| |
(2) | Her Majesty’s Revenue and Customs, or a person providing services to the |
| |
Commissioners for Her Majesty’s Revenue and Customs, may disclose tax |
| 40 |
credit information or finances information to a relevant person who wants tax |
| |
credit information or finances information in connection with deciding a fee- |
| |
| |
(3) | Information disclosed to a relevant person under subsection (1) or (2)— |
| |
|
| |
|
| |
|
(a) | must not be further disclosed, except to another relevant person who |
| |
wants social security information, tax credit information or finances |
| |
information in connection with deciding a fee-remission application, |
| |
| |
(b) | must not be used otherwise than in connection with deciding a fee- |
| 5 |
| |
(4) | Subsection (3) does not prohibit— |
| |
(a) | disclosure or use of information which is in the form of a summary or |
| |
collection of information so framed as not to enable information |
| |
relating to any particular person to be ascertained from it; |
| 10 |
(b) | disclosure or use of information which has previously been disclosed to |
| |
the public with lawful authority; |
| |
(c) | disclosure or use of information so far as necessary to comply with— |
| |
| |
(ii) | an order of a tribunal established by or under an Act, or |
| 15 |
(iii) | a duty imposed by or under an Act or Northern Ireland |
| |
| |
(5) | It is an offence for a person to disclose or use information in contravention of |
| |
| |
(6) | It is a defence for a person charged with an offence under subsection (5) to |
| 20 |
prove that the person reasonably believed that the disclosure or use concerned |
| |
| |
(7) | A person guilty of an offence under subsection (5) is liable— |
| |
(a) | on conviction on indictment— |
| |
(i) | to imprisonment for a term not exceeding 2 years, or |
| 25 |
| |
| |
(b) | on summary conviction— |
| |
(i) | to imprisonment for a period not exceeding 12 months, or |
| |
(ii) | to a fine not exceeding the statutory maximum, or |
| 30 |
| |
(8) | Subsection (7)(b) applies— |
| |
(a) | in England and Wales in relation to offences committed before the |
| |
commencement of section 154(1) of the Criminal Justice Act 2003 |
| |
(general limit on magistrates’ court’s power to impose imprisonment), |
| 35 |
| |
| |
| as if the reference to 12 months were a reference to 6 months. |
| |
(9) | A prosecution for an offence under subsection (5)— |
| |
(a) | may be instituted in England and Wales only by or with the consent of |
| 40 |
the Director of Public Prosecutions, and |
| |
(b) | may be instituted in Northern Ireland only by or with the consent of the |
| |
Director of Public Prosecutions for Northern Ireland. |
| |
| |
“fee-remission application” means an application for any relief available |
| 45 |
to recipients of a social security benefit, or tax credit, from fees under |
| |
| |
|
| |
|
| |
|
(a) | section 92 of the Courts Act 2003 (court fees), |
| |
(b) | section 52 of the Constitutional Reform Act 2005 (Supreme |
| |
| |
(c) | section 54 of the Mental Capacity Act 2005 (Court of Protection |
| |
| 5 |
(d) | section 58 of that Act (Public Guardian fees), |
| |
(e) | section 42 of the Tribunals, Courts and Enforcement Act 2007 |
| |
| |
(f) | paragraph 9 of Schedule 12 to the Commonhold and Leasehold |
| |
Reform Act 2002 (leasehold valuation tribunal fees), |
| 10 |
(g) | paragraph 11 of Schedule 13 to the Housing Act 2004 |
| |
(residential property tribunal fees), and |
| |
(h) | section 7 of the Gender Recognition Act 2004 (Gender |
| |
| |
“finances information” means information which— |
| 15 |
(a) | is about a person’s income, gains or capital, and |
| |
| |
(i) | by Her Majesty’s Revenue and Customs, or |
| |
(ii) | by a person providing services to the Commissioners for |
| |
Her Majesty’s Revenue and Customs, in connection |
| 20 |
with the provision of those services; |
| |
| |
| |
(b) | the Secretary of State, |
| |
(c) | a person providing services to the Lord Chancellor or to the |
| 25 |
| |
(d) | any of the officers or staff of the Supreme Court, or |
| |
(e) | any of the officers or staff of, or a person providing services to, |
| |
the Public Guardian appointed for the purposes of the Mental |
| |
| 30 |
“social security information” means information which is held for the |
| |
purposes of functions relating to social security— |
| |
(a) | by the Secretary of State or a Northern Ireland Department, or |
| |
(b) | by a person providing services to the Secretary of State or a |
| |
Northern Ireland Department, in connection with the provision |
| 35 |
| |
or information which is held with information so held; |
| |
“tax credit information” means information as to whether a person has |
| |
been awarded child tax credit or working tax credit which is held— |
| |
(a) | by Her Majesty’s Revenue and Customs, or |
| 40 |
(b) | by a person providing services to the Commissioners for Her |
| |
Majesty’s Revenue and Customs, in connection with the |
| |
provision of those services. |
| |
| |
(1) | The Legal Services Act 2007 is amended as follows. |
| 45 |
|
| |
|
| |
|
(2) | After section 125 insert— |
| |
“125A | Extension of Part 6 to enforcement services |
| |
(1) | For the purposes of this Part (and sections 1, 21 and 27 as they apply in |
| |
| |
(a) | the Bailiffs and Enforcement Agents Council is to be treated as |
| 5 |
| |
(b) | enforcement services are to be treated as a reserved legal |
| |
| |
(c) | a person authorised under sections 63 and 64 of the Tribunals, |
| |
Courts and Enforcement Act 2007 is to be treated as an |
| 10 |
authorised person in relation to that activity, |
| |
(d) | the Bailiffs and Enforcement Agents Council is to be treated as |
| |
a relevant authorising body in relation to such a person, and |
| |
(e) | regulations under the Tribunals, Courts and Enforcement Act |
| |
2007 and the National Standards for Enforcement Agents are to |
| 15 |
be treated as regulatory arrangements of the Bailiffs and |
| |
Enforcement Agents Council as an approved regulator. |
| |
(2) | For the purposes of sections 112 and 145 (as extended by this section), |
| |
a person authorised under sections 63 and 64 of the Tribunals, Courts |
| |
and Enforcement Act 2007 is to be treated as a “relevant authorised |
| 20 |
person” in relation to the Regulator.” |
| |
27 | Supreme Court security officers |
| |
(1) | In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after |
| |
| |
| 25 |
| |
(1) | A Supreme Court security officer is a person who is— |
| |
(a) | appointed by the President of the Supreme Court under section |
| |
49(1) or provided under a contract, and |
| |
(b) | designated by the President as a Supreme Court security officer. |
| 30 |
(2) | The President may give directions as to— |
| |
(a) | training courses to be completed by Supreme Court security |
| |
| |
(b) | conditions to be met before a person may be designated as a |
| |
Supreme Court security officer. |
| 35 |
(3) | For the purposes of sections 51B to 51E, a Supreme Court security |
| |
officer who is not readily identifiable as such (whether by means of |
| |
uniform or badge or otherwise) is not to be regarded as acting in the |
| |
execution of the officer’s duty. |
| |
(4) | In those sections “court building” means any building— |
| 40 |
(a) | where the business of the Supreme Court, or of the Judicial |
| |
Committee of the Privy Council, is carried on, and |
| |
(b) | to which the public has access. |
| |
|
| |
|