Borders, Citizenship and Immigration Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
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Customs revenue officials
11
Designation of customs revenue officials
(1)
The Director of Border Revenue may designate—
(a)
an immigration officer, or
(b)
any other official in the department of the Secretary of State by whom
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general customs functions are exercisable,

as a customs revenue official.
(2)
A customs revenue official—
(a)
has, in relation to a customs revenue matter, the same functions as an
officer of Revenue and Customs would have, and
10
(b)
may exercise the functions conferred on the Director by section 7
(customs revenue functions).
(3)
If a function within subsection (2) is exercisable—
(a)
in relation to a customs revenue matter, and
(b)
in relation to any other matter,
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the function is exercisable by a customs revenue official in relation to the
customs revenue matter only.
(4)
So far as is appropriate for the purposes of or in connection with this section,
references to an officer of Revenue and Customs, or to Her Majesty’s Revenue
and Customs, in an enactment, instrument or document to which this section
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applies are to be construed as including a reference to a customs revenue
official.
(5)
References in this section to functions of an officer of Revenue and Customs are
to functions conferred by an enactment to which this section applies.
(6)
This section applies to—
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(a)
an enactment passed or made, or an instrument or document issued,
before this Act is passed, and
(b)
subject to express provision to the contrary, an enactment passed or
made, or an instrument or document issued, after this Act is passed.
(7)
This includes—
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(a)
section 2(4) of the Commissioners for Revenue and Customs Act 2005
(c. 11) (continuation of anything begun by one officer by another),
(b)
section 6 of that Act (officers’ initial functions),
(c)
section 25(1), (1A) and (5) of that Act (conduct of civil proceedings),
(d)
section 25A(1) of that Act (certificates of debt),
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(e)
section 26 of that Act (rewards),
(f)
section 31 of that Act (obstruction),
(g)
section 32 of that Act (assault), and
(h)
section 33 of that Act (power of arrest) other than in its application to
an offence under section 30 of that Act (impersonation),
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but does not otherwise include any enactment contained in that Act.
(8)
This section has effect subject to—
(a)
any limitation specified in the official’s designation under section 12
(supplementary provisions about designation), and

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
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(b)
any designation of the official under section 3 (designation of general
customs officials).
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Designation: supplementary
(1)
A designation under section 11 is subject to such limitations as may be
specified in the designation.
5
(2)
A limitation specified under subsection (1) may, in particular, relate to—
(a)
the functions that are exercisable by virtue of the designation, or
(b)
the purposes for which those functions are exercisable.
(3)
A designation under section 11—
(a)
may be permanent or for a specified period,
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(b)
may (in either case) be withdrawn, and
(c)
may be varied.
(4)
The power to designate, or to withdraw or vary a designation, is exercised by
the Director of Border Revenue giving notice to the official in question.
(5)
The Director may designate an official under section 11 only if the Director is
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satisfied that the official—
(a)
is capable of effectively carrying out the functions that are exercisable
by virtue of the designation,
(b)
has received adequate training in respect of the exercise of those
functions, and
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(c)
is otherwise a suitable person to exercise those functions.
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Directions by the Director
A customs revenue official must comply with the directions of the Director of
Border Revenue in the exercise of customs revenue functions.
Use and disclosure of information
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14
Use and disclosure of customs information
(1)
A person to whom this section applies may—
(a)
use customs information acquired by that person in connection with a
function exercisable by that person for the purpose of any other
function exercisable by that person, and
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(b)
disclose customs information to any other person to whom this section
applies for the purpose of a function exercisable by that person.
(2)
The persons to whom this section applies are—
(a)
a designated customs official,
(b)
an immigration officer,
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(c)
the Secretary of State by whom general customs functions are
exercisable,
(d)
any other Minister of the Crown in the department of that Secretary of
State,
(e)
the Director of Border Revenue, and
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(f)
a person acting on behalf of a person mentioned in paragraphs (a) to (e).

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
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(3)
This section is subject to any provision that restricts or prohibits the use or
disclosure of information and that is contained in—
(a)
this Part,
(b)
any other enactment, or
(c)
an international or other agreement to which the United Kingdom or
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Her Majesty’s Government is party.
(4)
In subsection (3) the reference to an enactment does not include an enactment
contained in, or in an instrument made under—
(a)
an Act of the Scottish Parliament,
(b)
a Measure or Act of the National Assembly for Wales, or
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(c)
Northern Ireland legislation.
(5)
This section is without prejudice to—
(a)
the use by a person to whom it applies of information other than
customs information;
(b)
the disclosure by or to a person to whom it applies of information other
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than customs information.
(6)
In this Part—
“customs function” means a general customs function or a customs
revenue function;
“customs information” means information acquired or capable of being
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acquired as a result of the exercise of a customs function;
“customs revenue information” means information acquired or capable of
being acquired as a result of the exercise of a customs revenue function;
“designated customs official” means a general customs official or a
customs revenue official.
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(7)
It is immaterial for the purposes of subsection (6)—
(a)
whether the information was acquired or is capable of being acquired
by the person by whom it is held or another person;
(b)
whether the information was also acquired or is also capable of being
acquired in the exercise of any other function.
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Prohibition on disclosure of personal customs information
(1)
A person who is or was a relevant official, the Secretary of State by whom
general customs functions are exercisable or another Minister of the Crown in
that Secretary of State’s department may not disclose personal customs
information to a person who is not—
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(a)
a relevant official, or
(b)
a Minister of the Crown in that department.
(2)
A person who is or was a relevant official may not disclose personal customs
revenue information to a Minister of the Crown.
(3)
In this Part “relevant official” means—
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(a)
a designated customs official,
(b)
an immigration officer,
(c)
the Director of Border Revenue, or
(d)
a person acting on behalf of—

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
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(i)
the Secretary of State by whom general customs functions are
exercisable, or
(ii)
a person mentioned in paragraphs (a) to (c).
(4)
In this Part—
“personal customs information” means customs information relating to a
5
person that—
(a)
identifies that person, or
(b)
enables that person to be identified (either by itself or in
combination with other information);
“personal customs revenue information” means customs revenue
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information relating to a person that—
(a)
identifies that person, or
(b)
enables that person to be identified (either by itself or in
combination with other information).
(5)
A person—
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(a)
does not breach subsection (1) by disclosing information the person
knows was acquired otherwise than as the result of the exercise of a
customs function;
(b)
does not breach subsection (2) by disclosing information the person
knows was acquired otherwise than as the result of the exercise of a
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customs revenue function.
(6)
Subsections (1) and (2) are also subject to—
(a)
section 16 (exceptions to the prohibition in this section), and
(b)
any enactment (other than an enactment contained in this Part)
permitting disclosure, where the disclosure in question does not
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contravene any restriction imposed by the Commissioners for Her
Majesty’s Revenue and Customs on the disclosure of customs revenue
information.
(7)
This section does not apply to information supplied by or on behalf of Her
Majesty’s Revenue and Customs or the Revenue and Customs Prosecutions
30
Office.

This is without prejudice to any other restriction on the disclosure of such
information.
(8)
In subsection (6) the reference to an enactment does not include an enactment
contained in, or in an instrument made under—
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(a)
an Act of the Scottish Parliament,
(b)
a Measure or Act of the National Assembly for Wales, or
(c)
Northern Ireland legislation.
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Exceptions to section 15 prohibition
(1)
A person does not breach section 15(1) or (2) by making a disclosure—
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(a)
to which any of subsections (3) to (8) applies, and
(b)
which, in the case of a disclosure of customs revenue information, does
not contravene any restriction imposed by the Commissioners for Her
Majesty’s Revenue and Customs.

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
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(2)
Subsection (1)(b) does not apply if the person making the disclosure knows
that the information was acquired otherwise than as the result of the exercise
of a customs revenue function.
(3)
This subsection applies to a disclosure which is made for the purposes of—
(a)
a customs function,
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(b)
a function relating to immigration, asylum or nationality,
(c)
a function relating to national security, or
(d)
a function relating to the prevention or detection of crime.
(4)
This subsection applies to a disclosure which is made to a person exercising
public functions (whether or not within the United Kingdom) for the purposes
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of any of those functions.
(5)
This subsection applies to a disclosure which—
(a)
is made for the purposes of civil proceedings (whether or not within the
United Kingdom) relating to a function within subsection (3),
(b)
is made for the purposes of a criminal investigation or criminal
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proceedings (whether or not within the United Kingdom), or
(c)
is made in pursuance of an order of a court.
(6)
This subsection applies to a disclosure which is made with the consent of each
person to whom the information relates.
(7)
This subsection applies to a disclosure which is made in order to comply with
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an obligation of the United Kingdom, or Her Majesty’s Government, under an
international or other agreement.
(8)
This subsection applies to a disclosure—
(a)
to a person specified in regulations made jointly by the Treasury and
the Secretary of State, or
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(b)
of a kind specified in such regulations.
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Prohibition on further disclosure
(1)
A person to whom information is disclosed in reliance on section 16 or this
section may not disclose that information without the consent of a relevant
official (which may be general or specific).
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(2)
A person does not breach subsection (1) by making a disclosure—
(a)
to which any of subsections (3) to (8) of section 16 applies, and
(b)
which, in the case of a disclosure of customs revenue information, does
not contravene any restriction imposed by the Commissioners for Her
Majesty’s Revenue and Customs.
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(3)
Subsection (2)(b) does not apply if the person making the disclosure knows
that the information was acquired otherwise than as the result of the exercise
of a customs revenue function.
(4)
This section is also subject to any other enactment permitting disclosure.
(5)
In subsection (4) the reference to an enactment does not include an enactment
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contained in, or in an instrument made under—
(a)
an Act of the Scottish Parliament,
(b)
a Measure or Act of the National Assembly for Wales, or
(c)
Northern Ireland legislation.