Criminal Justice and Police Bill - continued        House of Commons

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  PART II
  INFORMATION DISCLOSURE FOR THE PURPOSES OF CRIMINAL PROCEEDINGS ETC
Extension of existing disclosure powers.     45. - (1) This section applies to the provisions listed in Schedule 1, so far as they authorise the disclosure of information, including information obtained before the coming into force of this section.
 
      (2) Each of the provisions to which this section applies shall have effect as if the purposes for which the disclosure of the information in question is authorised included (subject to any direction under section 46) each of the following-
 
 
    (a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
 
    (b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;
 
    (c) the purpose of initiating or bringing to an end any such investigation or proceedings, or of facilitating a determination of whether it or they should be initiated or brought to an end.
      (3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.
 
      (4) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (5) Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998.
 
      (6) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.
 
Restriction on disclosure of information for overseas purposes.     46. - (1) Subject to subsections (2) and (3), the Secretary of State may give a direction which-
 
 
    (a) specifies any overseas proceedings or any description of overseas proceedings; and
 
    (b) prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.
      (2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure in exercise of any of the powers conferred by the provisions to which section 45 applies which-
 
 
    (a) is made for a purpose mentioned in subsection (2)(a) to (c) of that section; and
 
    (b) is a disclosure of any such information as may be described in the direction.
      (3) The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate-
 
 
    (a) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;
 
    (b) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or
 
    (c) to a matter that would fall within paragraph (a) or (b)-
 
      (i) if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and
 
      (ii) if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.
      (4) A direction under this section shall not have the effect of prohibiting-
 
 
    (a) the making of any disclosure by a Minister of the Crown or by the Treasury; or
 
    (b) the making of any disclosure in pursuance of a Community obligation.
      (5) A direction under this section-
 
 
    (a) may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and
 
    (b) must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.
      (6) A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
 
    (b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
      (7) The following are overseas proceedings for the purposes of this section-
 
 
    (a) criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;
 
    (b) a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.
      (8) References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.
 
      (9) References in this section to the disclosure of information for the purposes of overseas proceedings include references to the disclosure of information for the purpose of initiating or bringing to an end any such proceedings, or of facilitating a determination of whether they should be initiated or brought to an end.
 
      (10) In this section "court" includes a tribunal of any description.
 
Disclosure of information held by tax authorities.     47. - (1) This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.
 
      (2) No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made-
 
 
    (a) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
 
    (b) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere; or
 
    (c) for the purpose of initiating or bringing to an end any such investigation or proceedings, or of facilitating a determination of whether it or they should be initiated or brought to an end.
      (3) Information to which this section applies shall not be disclosed by virtue of this section except by or with the authority of the Commissioners by or on whose behalf it is held.
 
      (4) Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except-
 
 
    (a) for a purpose mentioned in that subsection; and
 
    (b) with the consent of the Commissioners by whom or with whose authority it was initially disclosed.
      (5) A consent for the purposes of subsection (4) may be given either in relation to a particular disclosure or in relation to disclosures made in such circumstances as may be specified or described in the consent.
 
      (6) Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998.
 
      (7) References in this section to information which is held on behalf of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise include references to information which-
 
 
    (a) is held by a person who provides services to the Commissioners of Inland Revenue or, as the case may be, to the Commissioners of Customs and Excise; and
 
    (b) is held by that person in connection with the provision of those services.
      (8) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.
 
Interpretation of Part II.     48. In this Part-
 
 
    "criminal investigation" means an investigation of any crime, including an investigation of any alleged or suspected crime and an investigation of whether a crime has been committed;
 
    "crime" means any conduct which-
 
      (a) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
 
      (b) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
 
    "subordinate legislation" has the same meaning as in the Interpretation Act 1978
 
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Prepared 19 January 2001