OpenLegislation

Regulation 3 Provision of information to another person

Original text. Later amendments are not shown.

(1)

Subject to regulations 4 and 5, information that may be provided under any of sections 17 to 20 of the 2006 Act to—

(a)

a chief officer of police;

(b)

the Director-General of the Security Service;

(c)

the Chief of the Secret Intelligence Service;

(d)

the Director of the Government Communication Headquarters;

(e)

the Director General of the Serious Organised Crime Agency; or

(f)

subject to paragraph (5), the Commissioners for Her Majesty’s Revenue and Customs,

  • may be provided instead to another person if the conditions set out in paragraph (2) are satisfied.

(2)

The conditions referred to in paragraph (1) are that that other person (P)—

(a)

is authorised by a person referred to in paragraph (1) to be a recipient of information provided under that section;

(b)

holds the relevant rank or position specified in paragraph (3) or (4); and

(c)

is under the direction or control, or is otherwise answerable or subordinate to that person in respect of any of P’s duties as a person holding that rank or position.

(3)

In a case where P is authorised to be a recipient of information by a chief officer of police, the rank of—

(a)

inspector or above is specified in respect of information not falling within paragraph 9 of Schedule 1 to the 2006 Act; and

(b)

superintendent or above is specified in respect of information falling within that paragraph.

(4)

In a case where P is authorised to be a recipient of information by—

(a)

the Director-General of the Security Service, the position of a member of that Service is specified;

(b)

the Chief of the Secret Intelligence Service, the position of a member of that Service is specified;

(c)

the Director of the Government Communication Headquarters, the position of a member of the GCHQ is specified;

(d)

the Director General of the Serious Organised Crime Agency, the position of an employee of that Agency is specified; and

(e)

a Commissioner for Her Majesty’s Revenue and Customs, the position of an officer of Revenue and Customs is specified.

(5)

Information falling within paragraph 9 of Schedule 1 to the 2006 Act, which may be provided to the Commissioners for Revenue and Customs under any of sections 17 to 20 of the 2006 Act, may not be provided instead to another person.