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Information: restrictions on disclosure |
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1 | This Part of this Act does not authorise or require— |
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(a) | a disclosure, in contravention of any provisions of the Data |
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Protection Act 1998, of personal data which are not exempt from |
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(b) | a disclosure which is prohibited by Part 1 of the Regulation of |
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Investigatory Powers Act 2000. |
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Restrictions on disclosures of particular types of information |
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HMRC & customs information |
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2 (1) | An NCA officer must not disclose— |
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(b) | personal customs information, or |
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(c) | personal customs revenue information, |
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| unless the relevant authority consents to the disclosure. |
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(2) | If an NCA officer has disclosed— |
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(b) | personal customs information, or |
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(c) | personal customs revenue information, |
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| to a person, that person must not further disclose that information unless the |
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relevant authority consents to the disclosure. |
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“HMRC information” means information obtained by the NCA from |
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the Commissioners or a person acting on behalf of the |
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“personal customs information” and “personal customs revenue |
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information” have the same meanings as in the Borders, Citizenship |
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and Immigration Act 2009 (see section 15(4) of that Act); |
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“relevant authority” means— |
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(a) | the Commissioners or an officer of Revenue and Customs (in |
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the case of a disclosure or further disclosure of HMRC |
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(b) | the Secretary of State or a designated general customs official |
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(in the case of a disclosure or further disclosure of personal |
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(c) | the Director of Border Revenue or a designated customs |
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revenue official (in the case of a disclosure or further |
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disclosure of personal customs revenue information). |
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Social security information |
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3 (1) | An NCA officer must not disclose social security information unless the |
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relevant authority consents to the disclosure. |
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(2) | If an NCA officer has disclosed social security information to a person, that |
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person must not further disclose that information unless the relevant |
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authority consents to the disclosure. |
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“relevant authority” means— |
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(a) | the Secretary of State (in the case of a disclosure or further |
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disclosure of information held, when disclosed to the NCA, |
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for the purposes of the functions of the Secretary of State); |
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(b) | the Department for Social Development in Northern Ireland |
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(in the case of a disclosure or further disclosure of |
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information held, when disclosed to the NCA, for the |
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purposes of the functions of a Northern Ireland department); |
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“social security information” means information which, when |
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disclosed to the NCA, was information held for the purposes of any |
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of the following functions of the Secretary of State or a Northern |
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(a) | functions relating to social security, including functions |
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(i) | statutory payments as defined in section 4C(11) of the |
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Social Security Contributions and Benefits Act 1992; |
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(ii) | maternity allowance under section 35 of that Act; |
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(iii) | statutory payments as defined in section 4C(11) of the |
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Social Security Contributions and Benefits (Northern |
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(iv) | maternity allowance under section 35 of that Act; |
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(v) | schemes and arrangements under section 2 of the |
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Employment and Training Act 1973; |
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(b) | functions relating to the investigation and prosecution of |
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offences relating to tax credits. |
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Intelligence service information |
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4 (1) | An NCA officer must not disclose intelligence service information unless the |
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relevant authority consents to the disclosure. |
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(2) | If an NCA officer has disclosed intelligence service information to a person, |
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that person must not further disclose that information unless the relevant |
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authority consents to the disclosure. |
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“intelligence service” means— |
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(a) | the Security Service, |
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(b) | the Secret Intelligence Service, or |
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(c) | GCHQ (which has the same meaning as in the Intelligence |
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“intelligence service information” means information obtained from an |
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intelligence service or a person acting on behalf of an intelligence |
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“relevant authority” means— |
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(a) | the Director-General of the Security Service (in the case of |
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information obtained by the NCA from that Service or a |
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person acting on its behalf); |
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(b) | the Chief of the Secret Intelligence Service (in the case of |
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information obtained by the NCA from that Service or a |
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person acting on its behalf); |
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(c) | the Director of GCHQ (in the case of information obtained |
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from GCHQ or a person acting on its behalf). |
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Arrangements for publishing information |
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5 | The Director General must not disclose information if the disclosure would |
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be in breach of a requirement that is imposed on the Director General by the |
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framework document in accordance with section 5(2). |
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Restrictions on further disclosures of information |
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6 (1) | If an NCA officer has disclosed information to a person (the “original |
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recipient”), that person must not further disclose the information unless— |
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(i) | for a purpose connected with any relevant function of the |
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(ii) | otherwise for a permitted purpose, and |
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(b) | the Director General consents to the disclosure. |
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(2) | This paragraph does not apply to a further disclosure of information if— |
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(a) | paragraph 7 or 8 applies, or |
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(b) | the NCA officer’s disclosure to the original recipient was a |
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(i) | to the Lord Advocate for the purposes of the exercise of the |
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functions of the Lord Advocate under Part 3 of PCA 2002, or |
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(ii) | to the Scottish Ministers for the purposes of the exercise of the |
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functions of the Scottish Ministers under, or in relation to, |
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| and for provision about the further disclosure of such information, |
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see section 441 of PCA 2002. |
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(3) | In this paragraph “relevant function” means any function of the original |
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recipient for the purposes of which the information was disclosed to that |
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Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners |
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7 (1) | This paragraph applies to information disclosed by an NCA officer under |
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section 6(7) to the Commissioners. |
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(2) | The information may be further disclosed by the Commissioners only if the |
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(a) | for a purpose connected with any relevant function of the |
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(b) | otherwise for a permitted purpose. |
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(3) | The information may be further disclosed by a person other than the |
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(i) | for a purpose connected with any relevant function of the |
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(ii) | otherwise for a permitted purpose, and |
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(b) | the Director General consents to the disclosure. |
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(4) | In this paragraph “relevant function” means any function of the |
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Commissioners for the purposes of which the information was disclosed. |
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Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate |
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8 | Information disclosed by an NCA officer under section 6(7) to the Lord |
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Advocate may be further disclosed only if the disclosure is— |
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(a) | by the Lord Advocate to the Scottish Ministers, and |
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(b) | for the purpose of the exercise by the Scottish Ministers of their |
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functions under Part 5 of PCA 2002. |
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Published information: no restrictions on further disclosure |
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9 (1) | This paragraph applies where an NCA officer discloses information, in |
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accordance with this Part of this Act, by— |
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(a) | the inclusion of the information in an annual plan, framework |
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document or annual report, or |
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(b) | the publication of the information in accordance with arrangements |
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(2) | None of the relevant restrictions applies to the further disclosure of that |
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information by any person. |
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(3) | In this paragraph “relevant restriction” means any provision of this Part of |
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this Act (however expressed) which prohibits or otherwise restricts the |
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further disclosure of information disclosed by an NCA officer (including a |
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provision which limits the purposes for which such information may be |
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further disclosed or which requires a person’s consent to be obtained before |
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Offences relating to wrongful disclosure of information |
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10 (1) | An NCA officer commits an offence if— |
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(a) | the NCA officer discloses information, and |
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(b) | that disclosure breaches the duty under— |
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(i) | paragraph 2(1) (disclosure of HMRC information, personal |
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customs information or personal revenue customs |
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(ii) | paragraph 3(1) (disclosure of social security information). |
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(2) | A person commits an offence if— |
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(a) | the person further discloses information, and |
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(b) | that further disclosure breaches the duty under— |
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(i) | paragraph 2(2) (further disclosure of HMRC information, |
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personal customs information or personal revenue customs |
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(ii) | paragraph 3(2) (further disclosure of social security |
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(3) | It is a defence for a person charged with an offence under this paragraph to |
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prove that the person reasonably believed— |
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(a) | that the disclosure was lawful, or |
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(b) | that the information disclosed had already and lawfully been made |
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(4) | A prosecution for an offence under this paragraph— |
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(a) | may be brought in England and Wales only with the consent of the |
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Director of Public Prosecutions; |
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(b) | may be brought in Northern Ireland only with the consent of the |
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Director of Public Prosecutions for Northern Ireland. |
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(5) | This paragraph is without prejudice to the pursuit of any remedy or the |
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taking of any action in relation to a breach of a relevant duty. |
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(6) | A person guilty of an offence under this paragraph is liable on conviction on |
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indictment to either or both of the following— |
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(a) | imprisonment for a term not exceeding 2 years; |
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(7) | A person guilty of an offence under this paragraph is liable on summary |
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conviction to either or both of the following— |
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(a) | imprisonment for a term not exceeding— |
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(i) | 12 months on conviction in England and Wales; |
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(ii) | 12 months on conviction in Scotland; |
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(iii) | 6 months on conviction in Northern Ireland; |
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(b) | a fine not exceeding the statutory maximum. |
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(8) | In relation to an offence committed before the commencement of section 282 |
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of the Criminal Justice Act 2003 (increase in maximum sentence on summary |
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conviction of offence triable either way), the reference in sub-paragraph |
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(7)(a)(i) to the period of 12 months is to be read as a reference to the period |
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11 | A consent to disclosure of information under any provision of this Schedule |
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may be given in relation to— |
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(a) | a particular disclosure, or |
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(b) | disclosures made in circumstances specified or described in the |
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“Commissioners” means the Commissioners for Her Majesty’s |
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“PCA 2002” means the Proceeds of Crime Act 2002. |
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Abolition of SOCA and NPIA |
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Transitional, transitory and saving provision |
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1 (1) | The Secretary of State may make— |
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(a) | one or more staff transfer schemes, and |
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(b) | one or more property transfer schemes. |
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(2) | The Secretary of State may include— |
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(a) | provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or |
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(b) | provision under paragraph 3(1)(c) in a property transfer scheme, |
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| only if the Secretary of State considers that the provision is appropriate in |
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connection with an order under section 2 (modification of NCA functions). |
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(3) | The Secretary of State must lay before Parliament each staff transfer scheme |
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and each property transfer scheme that is made. |
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2 (1) | A staff transfer scheme is a scheme which provides— |
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(i) | a designated member of the staff of SOCA, |
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(ii) | a designated constable in an England and Wales police force, |
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(iii) | a designated member of the civilian staff of an England and |
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(iv) | a designated member of the personnel or staff of any other |
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| to become an NCA officer and, accordingly, to become employed in |
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the civil service of the state; |
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(b) | for a designated member of the staff of the NPIA to become |
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employed in the civil service of the state— |
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(i) | as an NCA officer, or |
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(c) | so far as may be consistent with employment in the civil service of |
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the state, for the terms and conditions of the designated transferee’s |
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employment to have effect as the person’s terms and conditions of |
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employment as an NCA officer or in the Home Office; |
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(d) | for the transfer to the NCA or the Secretary of State of the rights, |
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powers, duties and liabilities of the employer under or in connection |
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with the designated transferee’s contract of employment; |
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(e) | for anything done (or having effect as if done) before that transfer by |
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or in relation to the employer in respect of such a contract or the |
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designated transferee to be treated as having been done by or in |
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relation to the NCA or the Secretary of State. |
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(2) | A staff transfer scheme may provide for a period before a person became |
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employed in the civil service of the state under a staff transfer scheme to |
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count as a period during which the person was employed in the civil service |
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of the state (and for the operation of the scheme not to be treated as having |
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interrupted the continuity of that period). |
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(3) | A staff transfer scheme may provide for a person who would otherwise |
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become employed in the civil service of the state under a staff transfer |
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scheme not to become so employed if the person gives notice objecting to the |
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operation of the scheme in relation to the person. |
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(4) | A staff transfer scheme may provide for any person who would be treated |
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(whether by an enactment or otherwise) as being dismissed by the operation |
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of the scheme not to be so treated. |
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(5) | A staff transfer scheme may provide for a person to become employed in the |
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civil service of the state despite any provision, of whatever nature, which |
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would otherwise prevent the person from being employed in the civil |
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(6) | A staff transfer scheme may provide for a person’s secondment to SOCA or |
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the NPIA to continue as a secondment of that person to the NCA. |
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(7) | In the application of this paragraph to the transfer of a constable— |
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(a) | a reference to employment (other than employment in the civil |
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service of the state) is a reference to service as a constable; |
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(b) | a reference to a contract of employment is a reference to the terms |
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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 |
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police force, and the policing body for the police force, in which the |
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3 (1) | A property transfer scheme is a scheme providing for the transfer to the |
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NCA of designated property, rights or liabilities from— |
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(b) | the chief officer of, or the policing body for, an England and Wales |
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| 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. |
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(2) | A property transfer scheme may— |
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(a) | create rights, or impose liabilities, in relation to property or rights |
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transferred by virtue of the scheme; |
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(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 |
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scheme to be treated as done, or to be continued, by or in relation to |
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the NCA or the Secretary of State; |
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