Crime and Courts Bill [HL]

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—
25
“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.
35
      (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
20
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
25
(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;
30
(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—
35
(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
40
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
45
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;