Part 1Border functions

Use and disclosure of information

14Use 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

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,

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

f

a person acting on behalf of a person mentioned in paragraphs (a) to (e).

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 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

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 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 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.

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.