Session 2012 - 13
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Crime and Courts Bill [HL]


Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information

82

 

Schedule 7

Section 11

 

Information: restrictions on disclosure

Part 1

Statutory restrictions

1          

This Part of this Act does not authorise or require—

5

(a)   

a disclosure, in contravention of any provisions of the Data

Protection Act 1998, of personal data which are not exempt from

those provisions, or

(b)   

a disclosure which is prohibited by Part 1 of the Regulation of

Investigatory Powers Act 2000.

10

Part 2

Restrictions on disclosures of particular types of information

HMRC & customs information

2     (1)  

An NCA officer must not disclose—

(a)   

HMRC information,

15

(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,

20

(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—

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“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

30

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);

35

(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

40

disclosure of personal customs revenue information).

 
 

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information

83

 

Social security information

3     (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

5

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,

10

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);

15

“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

20

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

25

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;

30

(b)   

functions relating to the investigation and prosecution of

offences relating to tax credits.

Intelligence service information

4     (1)  

An NCA officer must not disclose intelligence service information unless the

relevant authority consents to the disclosure.

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      (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—

40

(a)   

the Security Service,

(b)   

the Secret Intelligence Service, or

(c)   

GCHQ (which has the same meaning as in the Intelligence

Services Act 1994);

“intelligence service information” means information obtained from an

45

intelligence service or a person acting on behalf of an intelligence

service;

 
 

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 3 — Restrictions on further disclosures of information

84

 

“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

5

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).

Arrangements for publishing information

10

5          

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 5(2).

Part 3

Restrictions on further disclosures of information

15

Information generally

6     (1)  

If an NCA officer has disclosed information to a person (the “original

recipient”), that person must not further disclose the information unless—

(a)   

the disclosure is—

(i)   

for a purpose connected with any relevant function of the

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original recipient, or

(ii)   

otherwise for a permitted purpose, and

(b)   

the Director General consents to the disclosure.

      (2)  

This paragraph does not apply to a further disclosure of information if—

(a)   

paragraph 7 or 8 applies, or

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(b)   

the NCA officer’s disclosure to the original recipient was a

disclosure—

(i)   

to the Lord Advocate for the purposes of the exercise of the

functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii)   

to the Scottish Ministers for the purposes of the exercise of the

30

functions of the Scottish Ministers under, or in relation to,

Part 5 of PCA 2002;

   

and for provision about the further disclosure of such information,

see section 441 of PCA 2002.

      (3)  

In this paragraph “relevant function” means any function of the original

35

recipient for the purposes of which the information was disclosed to that

recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7     (1)  

This paragraph applies to information disclosed by an NCA officer under

section 6(7) to the Commissioners.

40

      (2)  

The information may be further disclosed by the Commissioners only if the

disclosure is—

 
 

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 5 — Offences relating to wrongful disclosure of information

85

 

(a)   

for a purpose connected with any relevant function of the

Commissioners, or

(b)   

otherwise for a permitted purpose.

      (3)  

The information may be further disclosed by a person other than the

Commissioners only if—

5

(a)   

the disclosure is—

(i)   

for a purpose connected with any relevant function of the

Commissioners, or

(ii)   

otherwise for a permitted purpose, and

(b)   

the Director General consents to the disclosure.

10

      (4)  

In this paragraph “relevant function” means any function of the

Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8          

Information disclosed by an NCA officer under section 6(7) to the Lord

Advocate may be further disclosed only if the disclosure is—

15

(a)   

by the Lord Advocate to the Scottish Ministers, and

(b)   

for the purpose of the exercise by the Scottish Ministers of their

functions under Part 5 of PCA 2002.

Part 4

Published information: no restrictions on further disclosure

20

9     (1)  

This paragraph applies where an NCA officer discloses information, in

accordance with this Part of this Act, by—

(a)   

the inclusion of the information in an annual plan, framework

document or annual report, or

(b)   

the publication of the information in accordance with arrangements

25

made under section 5.

      (2)  

None of the relevant restrictions applies to the further disclosure of that

information by any person.

      (3)  

In this paragraph “relevant restriction” means any provision of this Part of

this Act (however expressed) which prohibits or otherwise restricts the

30

further disclosure of information disclosed by an NCA officer (including a

provision which limits the purposes for which such information may be

further disclosed or which requires a person’s consent to be obtained before

the further disclosure).

Part 5

35

Offences relating to wrongful disclosure of information

10    (1)  

An NCA officer commits an offence if—

(a)   

the NCA officer discloses information, and

(b)   

that disclosure breaches the duty under—

(i)   

paragraph 2(1) (disclosure of HMRC information, personal

40

customs information or personal revenue customs

information), or

 
 

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 6 — General

86

 

(ii)   

paragraph 3(1) (disclosure of social security information).

      (2)  

A person commits an offence if—

(a)   

the person further discloses information, and

(b)   

that further disclosure breaches the duty under—

(i)   

paragraph 2(2) (further disclosure of HMRC information,

5

personal customs information or personal revenue customs

information), or

(ii)   

paragraph 3(2) (further disclosure of social security

information).

      (3)  

It is a defence for a person charged with an offence under this paragraph to

10

prove that the person reasonably believed—

(a)   

that the disclosure was lawful, or

(b)   

that the information disclosed had already and lawfully been made

available to the public.

      (4)  

A prosecution for an offence under this paragraph—

15

(a)   

may be brought in England and Wales only with the consent of the

Director of Public Prosecutions;

(b)   

may be brought in Northern Ireland only with the consent of the

Director of Public Prosecutions for Northern Ireland.

      (5)  

This paragraph is without prejudice to the pursuit of any remedy or the

20

taking of any action in relation to a breach of a relevant duty.

      (6)  

A person guilty of an offence under this paragraph is liable on conviction on

indictment to either or both of the following—

(a)   

imprisonment for a term not exceeding 2 years;

(b)   

a fine.

25

      (7)  

A person guilty of an offence under this paragraph is liable on summary

conviction to either or both of the following—

(a)   

imprisonment for a term not exceeding—

(i)   

12 months on conviction in England and Wales;

(ii)   

12 months on conviction in Scotland;

30

(iii)   

6 months on conviction in Northern Ireland;

(b)   

a fine not exceeding the statutory maximum.

      (8)  

In relation to an offence committed before the commencement of section 282

of the Criminal Justice Act 2003 (increase in maximum sentence on summary

conviction of offence triable either way), the reference in sub-paragraph

35

(7)(a)(i) to the period of 12 months is to be read as a reference to the period

of 6 months.

Part 6

General

Consents

40

11         

A consent to disclosure of information under any provision of this Schedule

may be given in relation to—

(a)   

a particular disclosure, or

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

87

 

(b)   

disclosures made in circumstances specified or described in the

consent.

Interpretation

12         

In this Schedule—

“Commissioners” means the Commissioners for Her Majesty’s

5

Revenue and Customs;

“PCA 2002” means the Proceeds of Crime Act 2002.

Schedule 8

Section 14

 

Abolition of SOCA and NPIA

Part 1

10

Transitional, transitory and saving provision

Transfer schemes

1     (1)  

The Secretary of State may make—

(a)   

one or more staff transfer schemes, and

(b)   

one or more property transfer schemes.

15

      (2)  

The Secretary of State may include—

(a)   

provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or

(b)   

provision under paragraph 3(1)(c) in a property transfer scheme,

           

only if the Secretary of State considers that the provision is appropriate in

connection with an order under section 2 (modification of NCA functions).

20

      (3)  

The Secretary of State must lay before Parliament each staff transfer scheme

and each property transfer scheme that is made.

2     (1)  

A staff transfer scheme is a scheme which provides—

(a)   

for—

(i)   

a designated member of the staff of SOCA,

25

(ii)   

a designated constable in an England and Wales police force,

(iii)   

a designated member of the civilian staff of an England and

Wales police force, or

(iv)   

a designated member of the personnel or staff of any other

person,

30

   

to become an NCA officer and, accordingly, to become employed in

the civil service of the state;

(b)   

for a designated member of the staff of the NPIA to become

employed in the civil service of the state—

(i)   

as an NCA officer, or

35

(ii)   

in the Home Office;

(c)   

so far as may be consistent with employment in the civil service of

the state, for the terms and conditions of the designated transferee’s

employment to have effect as the person’s terms and conditions of

employment as an NCA officer or in the Home Office;

40

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

88

 

(d)   

for the transfer to the NCA or the Secretary of State of the rights,

powers, duties and liabilities of the employer under or in connection

with the designated transferee’s contract of employment;

(e)   

for anything done (or having effect as if done) before that transfer by

or in relation to the employer in respect of such a contract or the

5

designated transferee to be treated as having been done by or in

relation to the NCA or the Secretary of State.

      (2)  

A staff transfer scheme may provide for a period before a person became

employed in the civil service of the state under a staff transfer scheme to

count as a period during which the person was employed in the civil service

10

of the state (and for the operation of the scheme not to be treated as having

interrupted the continuity of that period).

      (3)  

A staff transfer scheme may provide for a person who would otherwise

become employed in the civil service of the state under a staff transfer

scheme not to become so employed if the person gives notice objecting to the

15

operation of the scheme in relation to the person.

      (4)  

A staff transfer scheme may provide for any person who would be treated

(whether by an enactment or otherwise) as being dismissed by the operation

of the scheme not to be so treated.

      (5)  

A staff transfer scheme may provide for a person to become employed in the

20

civil service of the state despite any provision, of whatever nature, which

would otherwise prevent the person from being employed in the civil

service of the state.

      (6)  

A staff transfer scheme may provide for a person’s secondment to SOCA or

the NPIA to continue as a secondment of that person to the NCA.

25

      (7)  

In the application of this paragraph to the transfer of a constable—

(a)   

a reference to employment (other than employment in the civil

service of the state) is a reference to service as a constable;

(b)   

a reference to a contract of employment is a reference to the terms

and conditions of service as a constable;

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(c)   

a reference to the employer is a reference to the chief officer of the

police force, and the policing body for the police force, in which the

constable serves.

3     (1)  

A property transfer scheme is a scheme providing for the transfer to the

NCA of designated property, rights or liabilities from—

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(a)   

SOCA,

(b)   

the chief officer of, or the policing body for, an England and Wales

police force, or

(c)   

any other person,

           

or for the transfer to the NCA or the Secretary of State of designated

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property, rights or liabilities from the NPIA.

      (2)  

A property transfer scheme may—

(a)   

create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

(b)   

provide for anything done by or in relation to a transferor in

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connection with any property, rights or liabilities transferred by the

scheme to be treated as done, or to be continued, by or in relation to

the NCA or the Secretary of State;

 
 

 
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Revised 20 December 2012