Commissioners for Revenue and Customs Act 2005

20Public interest disclosure

(1)Disclosure is in accordance with this section (as mentioned in section 18(2)(b)) if—

(a)it is made on the instructions of the Commissioners (which may be general or specific),

(b)it is of a kind—

(i)to which any of subsections (2) to (7) applies, or

(ii)specified in regulations made by the Treasury, and

(c)the Commissioners are satisfied that it is in the public interest.

(2)This subsection applies to a disclosure made—

(a)to a person exercising public functions (whether or not within the United Kingdom),

(b)for the purposes of the prevention or detection of crime, and

(c)in order to comply with an obligation of the United Kingdom, or Her Majesty’s Government, under an international or other agreement relating to the movement of persons, goods or services.

(3)This subsection applies to a disclosure if—

(a)it is made to a body which has responsibility for the regulation of a profession,

(b)it relates to misconduct on the part of a member of the profession, and

(c)the misconduct relates to a function of the Revenue and Customs.

(4)This subsection applies to a disclosure if—

(a)it is made to a constable, and

(b)either—

(i)the constable is exercising functions which relate to the movement of persons or goods into or out of the United Kingdom, or

(ii)the disclosure is made for the purposes of the prevention or detection of crime.

(5)This subsection applies to a disclosure if it is made—

(a)to the National Criminal Intelligence Service, and

(b)for a purpose connected with its functions under section 2(2) of the Police Act 1997 (c. 50) (criminal intelligence).

(6)This subsection applies to a disclosure if it is made—

(a)to a person exercising public functions in relation to public safety or public health, and

(b)for the purposes of those functions.

(7)This subsection applies to a disclosure if it—

(a)is made to the Police Information Technology Organisation for the purpose of enabling information to be entered in a computerised database, and

(b)relates to—

(i)a person suspected of an offence,

(ii)a person arrested for an offence,

(iii)the results of an investigation, or

(iv)anything seized.

(8)Regulations under subsection (1)(b)(ii)—

(a)may specify a kind of disclosure only if the Treasury are satisfied that it relates to—

(i)national security,

(ii)public safety,

(iii)public health, or

(iv)the prevention or detection of crime;

(b)may make provision limiting or restricting the disclosures that may be made in reliance on the regulations; and that provision may, in particular, operate by reference to—

(i)the nature of information,

(ii)the person or class of person to whom the disclosure is made,

(iii)the person or class of person by whom the disclosure is made,

(iv)any other factor, or

(v)a combination of factors;

(c)shall be made by statutory instrument;

(d)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(9)Information disclosed in reliance on this section may not be further disclosed without the consent of the Commissioners (which may be general or specific); (but the Commissioners shall be taken to have consented to further disclosure by use of the computerised database of information disclosed by virtue of subsection (7)).