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|
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(1) | An information order is an order of the relevant court which— |
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(a) | specifies a prescribed person (“the information discloser”), |
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(b) | specifies prescribed information relating to the debtor (“the required |
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| 5 |
(c) | orders the information discloser to disclose the required information to |
| |
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(2) | In subsection (1) “prescribed” means prescribed in regulations. |
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(3) | Regulations under this section may be made by reference to— |
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(a) | particular persons or particular descriptions of person (or both); |
| 10 |
(b) | particular information or particular descriptions of information (or |
| |
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(4) | Regulations may, in particular, be made under this section so as to ensure |
| |
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(a) | an information order made against a particular person, or a person of a |
| 15 |
particular description, may order that person to disclose only particular |
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information, or information of a particular description; |
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(b) | an information order that orders the disclosure of particular |
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information, or information of a particular description, may only be |
| |
made against a particular person, or a person of a particular |
| 20 |
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(5) | Regulations under this section must not make provision that would allow the |
| |
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(a) | the disclosure of information by the debtor, or |
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(b) | the disclosure of information held by, or on behalf of, a government |
| 25 |
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94 | Responding to a departmental information request |
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(1) | This section applies if the relevant court makes a departmental information |
| |
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(2) | The recipient of the request may disclose to the relevant court any information |
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(whether held by the department or on its behalf) that the recipient considers |
| |
is necessary to comply with the request. |
| |
(3) | A disclosure under subsection (2) is not to be taken to breach any restriction on |
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the disclosure of information (however imposed). |
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(4) | Nothing in this section is to be taken to prejudice any power that exists apart |
| 35 |
from this section to disclose information. |
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95 | Information order: required information not held etc |
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(1) | An information discloser is not to be regarded as having breached an |
| |
information order because of a failure to disclose some or all of the required |
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information, if that failure is for one of the permitted reasons. |
| 40 |
(2) | These are the permitted reasons— |
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(a) | the information provider does not hold the information; |
| |
|
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|
| |
|
(b) | the information provider is unable to ascertain whether the information |
| |
is held, because of the way in which the information order identifies the |
| |
| |
(c) | the disclosure of the information would involve the information |
| |
discloser in unreasonable effort or expense. |
| 5 |
(3) | It is to be presumed that a failure to disclose required information is for a |
| |
| |
(a) | the information discloser gives the relevant court a certificate that |
| |
complies with subsection (4), and |
| |
(b) | there is no evidence that the failure is not for a permitted reason. |
| 10 |
(4) | The certificate must state— |
| |
(a) | which of the required information is not being disclosed; |
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(b) | what the permitted reason is, or permitted reasons are, for the failure to |
| |
disclose that information. |
| |
(5) | Any reference in this section to the information discloser holding, or not |
| 15 |
holding, information includes a reference to the information being held, or not |
| |
being held, on the information discloser’s behalf. |
| |
96 | Using the information about the debtor |
| |
(1) | This section applies if— |
| |
(a) | the creditor in relation to a judgment debt makes an application for |
| 20 |
information under section 90, and |
| |
(b) | information (“debtor information”) is disclosed to the relevant court in |
| |
compliance with a request or order made under section 91. |
| |
(2) | The relevant court may use the debtor information for the purpose of making |
| |
another request or order under section 91 in relation to the debtor. |
| 25 |
(3) | The relevant court may use the debtor information for the purpose of |
| |
providing the creditor with information about what kind of action (if any) it |
| |
would be appropriate to take in court (whether the relevant court or another |
| |
court) to recover the judgment debt. |
| |
(4) | If the creditor takes any action in the relevant court to recover the judgment |
| 30 |
debt, the relevant court may use the debtor information in carrying out |
| |
functions in relation to that action. |
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(5) | If the creditor takes any action in another court to recover the judgment debt— |
| |
(a) | the relevant court may disclose the debtor information to the other |
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| 35 |
(b) | the other court may use that information in carrying out functions in |
| |
| |
(6) | Debtor information may be used or disclosed under any of subsections (3) to |
| |
| |
(a) | regulations about such use or disclosure of information are in force, |
| 40 |
| |
(b) | the use or disclosure complies with those regulations. |
| |
(7) | In addition, if the debtor information was disclosed by the Commissioners, the |
| |
information may be used or disclosed under any of subsections (3) to (5) only |
| |
with the consent of the Commissioners. |
| 45 |
|
| |
|
| |
|
(8) | Consent for the purposes of subsection (7) may be given— |
| |
(a) | in relation to particular use or a particular disclosure, or |
| |
(b) | in relation to use, or a disclosure made, in such circumstances as may |
| |
be specified or described in the consent. |
| |
(9) | The use or disclosure of information in accordance with this section is not to be |
| 5 |
taken to breach any restriction on the use or disclosure of information |
| |
| |
(10) | Nothing in this section is to be taken to prejudice any power that exists apart |
| |
from this section to use or disclose information. |
| |
97 | Offence of unauthorised use or disclosure |
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(1) | This section applies if— |
| |
(a) | an application is made under section 90 in relation to recovery of a |
| |
judgment debt (“the relevant judgment debt”), |
| |
(b) | a departmental information request or an information order is made in |
| |
consequence of that application, and |
| 15 |
(c) | information (“debtor information”) is disclosed in accordance with the |
| |
| |
(2) | A person to whom the debtor information is disclosed commits an offence if |
| |
| |
(a) | uses or discloses the debtor information, and |
| 20 |
(b) | the use or disclosure is not authorised by any of subsections (3) to (6). |
| |
(3) | The use or disclosure of the debtor information is authorised if it is in |
| |
accordance with section 96. |
| |
(4) | The use or disclosure of the debtor information is authorised if it is— |
| |
(a) | in accordance with an enactment or order of court, or |
| 25 |
(b) | for the purposes of any proceedings before a court, |
| |
| and it is in accordance with regulations. |
| |
(5) | The use or disclosure of the debtor information is authorised if the information |
| |
has previously been lawfully disclosed to the public. |
| |
(6) | The use or disclosure of the debtor information is authorised if it is in |
| 30 |
accordance with rules of court that comply with regulations under subsection |
| |
| |
(7) | Regulations may make provision about the circumstances, if any, in which |
| |
rules of court may allow access to, or the supply of, information disclosed in |
| |
accordance with a department information request or an information order. |
| 35 |
(8) | It is a defence for a person charged with an offence under subsection (2) to |
| |
prove that he reasonably believed that the use or disclosure was lawful. |
| |
(9) | A person guilty of an offence under subsection (2) is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years, to a fine or to both; |
| 40 |
(b) | on summary conviction, to imprisonment for a term not exceeding |
| |
twelve months, to a fine not exceeding the statutory maximum, or to |
| |
| |
|
| |
|
| |
|
| |
(1) | It is for the Lord Chancellor to make information regulations. |
| |
(2) | But the Lord Chancellor may make the following regulations only with the |
| |
agreement of the Commissioners— |
| |
(a) | regulations under section 92(4)(d); |
| 5 |
(b) | regulations under section 97(4) or (7) so far as the regulations relate to |
| |
the use or disclosure of debtor information disclosed by the |
| |
| |
(3) | Information regulations are to be made by statutory instrument. |
| |
(4) | A statutory instrument containing information regulations may not be made |
| 10 |
unless a draft of the instrument has been laid before and approved by a |
| |
resolution of each House of Parliament. |
| |
(5) | But subsection (4) does not apply in the case of a statutory instrument that |
| |
| |
(a) | regulations under section 90, or |
| 15 |
(b) | regulations under section 92 which designate a Secretary of State for the |
| |
| |
(6) | In such a case, the statutory instrument is subject to annulment in pursuance of |
| |
a resolution of either House of Parliament. |
| |
(7) | In this section “information regulations” means regulations under any of |
| 20 |
| |
| |
(1) | This section applies for the purposes of sections 90 to 98. |
| |
| |
“Commissioners” means the Commissioners for Her Majesty’s Revenue |
| 25 |
| |
“creditor”, in relation to a judgment debt, means— |
| |
(a) | the person to whom the debt is payable (whether directly or |
| |
through an officer of any court or another person); |
| |
(b) | where the debt is payable under an administration order |
| 30 |
(within the meaning of Part 6 of the County Courts Act 1984 |
| |
(c. 28)), any one of the creditors scheduled to the order; |
| |
“debtor”, in relation to a judgment debt, means the person by whom the |
| |
| |
“departmental information request” has the meaning given by section 92; |
| 35 |
“information” means information held in any form; |
| |
“information discloser”, in relation to an information order, has the |
| |
meaning given by section 93(1)(a); |
| |
“information order” has the meaning given by section 93; |
| |
“judgment debt” means either of the following— |
| 40 |
(a) | a sum which is payable under a judgment or order enforceable |
| |
by the High Court or a county court; |
| |
(b) | a sum which, by virtue of an enactment, is recoverable as if it |
| |
were payable under a judgment or order of the High Court or of |
| |
|
| |
|
| |
|
a county court (including a sum which is so recoverable because |
| |
| |
“required information”, in relation to an information order, has the |
| |
meaning given by section 93(1)(b); |
| |
“relevant court”, in relation to an application under section 90, means the |
| 5 |
court to which the application is made. |
| |
(3) | Any reference to information held on behalf of a government department, or |
| |
on behalf of an information discloser, includes a reference to any information |
| |
| |
(a) | is held by a person who provides services to the department or to the |
| 10 |
information discloser, and |
| |
(b) | is held by that person in connection with the provision of those |
| |
| |
100 | Application and transitional provision |
| |
(1) | Sections 90 to 99 apply in relation to any judgment debt, whether it became |
| 15 |
payable, or recoverable, before or after the commencement of those sections. |
| |
(2) | In relation to an offence committed before the commencement of section 154(1) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in section 97(9)(b) to 12 |
| |
months is to be read as a reference to 6 months. |
| |
| 20 |
Debt management and relief |
| |
| |
| |
101 | Administration orders |
| |
(1) | For Part 6 of the County Courts Act 1984 (c. 28) (administration orders) |
| 25 |
| |
| |
| |
| |
112A | Administration orders |
| 30 |
An administration order is an order— |
| |
(a) | to which certain debts are scheduled in accordance with section |
| |
112C, 112D or 112Y(3) or (4); |
| |
(b) | which imposes the requirement specified in section 112E on the |
| |
| 35 |
(c) | which imposes the requirements specified in sections 112F to |
| |
112I on certain creditors. |
| |
|
| |
|