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Paragraph 9A C1F1F2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

(1A)

Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

(1B)

The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

(a)

a decision as to whether to make an attachment of earnings order in respect of P,

(b)

a decision as to whether to make an application for benefit deductions in respect of P, and

(c)

such an order or application.

(2)

In this paragraph—

  • “finances information” means information which—

    1. (a)

      is about a person's income, gains or capital, and

    2. (b)

      is held—

      1. (i)

        by Her Majesty's Revenue and Customs, or

      2. (ii)

        by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,

    or information which is held with information so held;

  • “social security information” means information which is held for the purposes of functions relating to social security—

    1. (a)

      by the Secretary of State or a Northern Ireland Department, or

    2. (b)

      by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

    or information which is held with information so held.

(2A)

The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

(3)

In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).

Annotations

Textual amendments

F1

Sch. 5 paras. 9A-9C and cross-headings inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 41, 153; S.I. 2008/2712, art. 2, Sch. para. 6 (subject to arts. 3, 4)

F2

Sch. 5 para. 9A substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(5), 61(3); S.I. 2013/2981, art. 2(a)

Modifications

C1

Sch. 5 para. 9A extended to S. and N.I. (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(13), 61(3); S.I. 2013/2981, art. 2(a)

Notes on Schedule 5

Textual amendments

F1

Sch. 5: words in heading inserted (3.7.2006) by The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), arts. 1, 5 (with transitional provision in art. 3)

Modifications

C1

Sch. 5 applied (with modifications) (temp. from 23.3.2004 for certain purposes, 29.3.2004 for certain further purposes, 5.4.2004 for all purposes to 31.3.2006) by S.I. 2004/175, arts. 1-3, Sch. (as amended by S.I. 2004/1406, arts. 3, 4; S.I. 2005/487, arts. 4-6; S.I. 2005/642, art. 2; S.I. 2005/2410, art. 2; S.I. 2005/3166, art. 2)

C2

Sch. 5 modified (temp. from 27.3.2006 to 2.7.2006) by The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006 (S.I. 2006/502), arts. 1(1)(b)(2), 5 (with transitional provision in art. 4)

C3

Sch. 5 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173(4)

C4

Sch. 5 applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85(7)(b), 153; S.I. 2009/2606, art. 2(f)

Notes on Part 3A

Textual amendments

F1

Sch. 5 Pt. 3A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(3), 61(3); S.I. 2013/2981, art. 2(a)

Notes on Disclosure of information in connection with making of attachment of earnings order or application for benefit deductions

Textual amendments

F2

Words in Sch. 5 para. 9A heading inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(4), 61(3); S.I. 2013/2981, art. 2(a)