Crime and Courts Bill (HL Bill 70)

Section 11

SCHEDULE 7 Information: restrictions on disclosure

Part 1 Statutory restrictions

1 5This Part of this Act does not authorise or require—

(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
10Investigatory Powers Act 2000.

Part 2 Restrictions on disclosures of particular types of information

HMRC & customs information

2 (1) An NCA officer must not disclose—

(a) 15HMRC 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) 20HMRC 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) 25In 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
  30information” 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
  35information);

  (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
  40revenue official (in the case of a disclosure or further
  disclosure of personal customs revenue information).

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
5person 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
  10disclosure 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
  15purposes of the functions of a Northern Ireland department);

• “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)

  20functions 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)

  25statutory 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
  30Employment and Training Act 1973;

  (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
35relevant 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—

• 40“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);

• 45“intelligence service information” means information obtained from an
  intelligence service or a person acting on behalf of an intelligence
  service;

Crime and Courts BillPage 82

• “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)

  5the 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).

10Arrangements for publishing information

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 15Restrictions on further disclosures of information

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) 20for a purpose connected with any relevant function of the
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) 25paragraph 7 or 8 applies, or

(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) 30to the Scottish Ministers for the purposes of the exercise of the
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) 35In this paragraph “relevant function” means any function of the original
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
40section 6(7) to the Commissioners.

(2) The information may be further disclosed by the Commissioners only if the
disclosure is—

(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
5Commissioners only if—

(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) 10the Director General consents to the disclosure.

(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
15Advocate may be further disclosed only if the disclosure is—

(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 20Published information: no restrictions on further disclosure

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) 25the publication of the information in accordance with arrangements
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
30this Act (however expressed) which prohibits or otherwise restricts the
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).

35Part 5 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) 40paragraph 2(1) (disclosure of HMRC information, personal
customs information or personal revenue customs
information), or

(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) 5paragraph 2(2) (further disclosure of HMRC information,
personal customs information or personal revenue customs
information), or

(ii) paragraph 3(2) (further disclosure of social security
information).

(3) 10It is a defence for a person charged with an offence under this paragraph to
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) 15A prosecution for an offence under this paragraph—

(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) 20This paragraph is without prejudice to the pursuit of any remedy or the
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) 25a fine.

(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) 3012 months on conviction in Scotland;

(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
35conviction of offence triable either way), the reference in sub-paragraph
(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

40Consents

11 A consent to disclosure of information under any provision of this Schedule
may be given in relation to—

(a) a particular disclosure, or

(b) disclosures made in circumstances specified or described in the
consent.

Interpretation

12 In this Schedule—

• 5“Commissioners” means the Commissioners for Her Majesty’s
  Revenue and Customs;

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

Section 14

SCHEDULE 8 Abolition of SOCA and NPIA

10Part 1 Transitional, transitory and saving provision

Transfer schemes

1 (1) The Secretary of State may make—

(a) one or more staff transfer schemes, and

(b) 15one or more property transfer schemes.

(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
20connection with an order under section 2 (modification of NCA functions).

(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) 25a designated member of the staff of SOCA,

(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
30person,

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) 35as an NCA officer, or

(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
40employment as an NCA officer or in the Home Office;

(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
5or in relation to the employer in respect of such a contract or the
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
10count as a period during which the person was employed in the civil service
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
15scheme not to become so employed if the person gives notice objecting to the
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) 20A staff transfer scheme may provide for a person to become employed in the
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
25the NPIA to continue as a secondment of that person to the NCA.

(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
30and conditions of service as a constable;

(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
35NCA of designated property, rights or liabilities from—

(a) SOCA,

(b) the chief officer of, or the policing body for, an England and Wales
police force, or

(c) any other person,

40or for the transfer to the NCA or the Secretary of State of designated
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) 45provide for anything done by or in relation to a transferor in
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;

(c) provide for anything done by a transferor which gives rise to
criminal liability to be treated as done by the NCA or the Secretary of
State and, in such a case, provide that Crown immunity does not
affect the criminal liability of the NCA or Secretary of State;

(d) 5apportion property, rights and liabilities;

(e) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) 10property acquired, and rights and liabilities arising, after the making
of the scheme.

4 (1) A staff transfer scheme or a property transfer scheme may make—

(a) provision for any reference to a transferor in any document or other
instrument, contract or legal proceedings to have effect as, or as
15including, a reference to the NCA or the Secretary of State;

(b) supplementary, incidental, transitional and consequential provision.

(2) A staff transfer scheme may make provision which is the same or similar as
provision made by the TUPE regulations (if those regulations do not apply
to the transfer).

5 20In paragraphs 2 to 4—

• “civilian staff”, in relation to an England and Wales police force, means
  a person employed by the policing body for that force;

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  25scheme;

• “designated transferee” means a person in respect of whom a staff
  transfer scheme makes provision of the kind referred to in paragraph
  2(1)(a) or (b);

• “Home Office” means the department of the Secretary of State having
  30responsibility for policing;

• “instrument” includes a designation, authorisation, warrant, or order
  of any court;

• “transferor”, in relation to a staff transfer scheme or a property transfer
  scheme, means any of the following to which the scheme relates—

  (a)

  35SOCA;

  (b)

  the NPIA;

  (c)

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

  (d)

  any other person;

• 40“TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006.

Continuity in relation to functions

6 (1) The abolition of SOCA or the NPIA does not affect the validity of anything
done before the abolition.

(2) 45The transfer of a function does not affect the validity of anything done before
the transfer.

(3) Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4) Where anything—

(a) relates to the transferred function, and

(b) is in the process of being made or done by or in relation to the
5transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5) Where anything—

(a) relates to the transferred function,

(b) has been made or done by or in relation to the transferor, and

(c) 10is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

(6) The transferee is to be substituted for the transferor in any documents and
other instruments, contracts or legal proceedings which—

(a) relate to the transferred function, and

(b) 15are made or commenced before the transfer takes effect.

(7) The Secretary of State may, by direction, determine any question under this
paragraph as to—

(a) whether there has been a transfer of a particular function, or

(b) the person to whom there has been a transfer of a particular function.

(8) 20The preceding provisions of this paragraph are without prejudice to the
powers under section 40 (transitional, transitory or saving provision).

(9) The following provisions of this paragraph apply for the purposes of this
paragraph.

(10) A reference to—

(a) 25the abolition of SOCA includes a reference to the ending of a
person’s membership of SOCA or membership of the staff of SOCA;

(b) the abolition of the NPIA includes a reference to the ending of a
person’s membership of the NPIA or membership of the staff of the
NPIA.

(11) 30A reference to the transfer of a function is a reference to—

(a) the transfer of a SOCA function by or under this Act,

(b) the transfer of an NPIA function by or under this Act, and

(c) the assumption of a third party function by the NCA.

(12) For that purpose—

(a) 35the reference to the transfer of a SOCA function or NPIA function by
or under this Act includes a reference to a case where—

(i) a SOCA function or NPIA function is abolished, and

(ii) a corresponding function is conferred on another person,

by or under this Act;

(b) 40the reference to the assumption of a third party function by the NCA
is a reference to the case where—

(i) a function (other than a SOCA function or an NPIA function)
is exercisable before the changeover by a person (the “third
party”),

(ii) a corresponding function is included in the NCA functions,
and

(iii) a person employed by, or otherwise serving, the third party
wholly or partly for the purpose of the exercise of the
5function becomes an NCA officer under a staff transfer
scheme;

and references to the transferred function, the transferor and the transferee
are to be read accordingly.

(13) A reference to a thing being, or having been, made or done includes—

(a) 10a reference to—

(i) a document or other instrument being, or having been, made
or otherwise produced,

(ii) a contract being, or having been, agreed, and

(iii) legal proceedings being, or having been, brought; and

(b) 15a reference to a thing being, or having been, made or done under—

(i) a document or other instrument,

(ii) a contract, or

(iii) legal proceedings.

(14) A reference to a thing which relates to a transferred function includes a
20reference to a thing made or done for the purposes of, or otherwise in
connection with, a transferred function.

(15) These expressions have the meanings given—

• “instrument” includes a designation, authorisation, warrant, or order
  of any court;

• 25“NPIA functions” means functions of—

  (a)

  the NPIA,

  (b)

  a member of the NPIA, or

  (c)

  a member of the staff of the NPIA;

• “SOCA functions” means functions of—

  (a)

  30SOCA,

  (b)

  a member of SOCA, or

  (c)

  a member of the staff of SOCA.

Continuity in relation to subordinate legislation

7 (1) After the changeover, the subordinate legislation specified in an entry in the
35first column of the following table—

(a) continues to have effect (subject to any subsequent amendment or
revocation) as if made under the powers conferred by the provision
of this Act specified in the corresponding entry in the second
column; and

(b) 40may be amended or revoked by (in particular) the exercise of the
powers conferred by that provision.