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The Food Crime Officers (Complaints and Misconduct) Regulations 2025

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Change 1

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As published

71 Sensitive information: restriction on disclosure

(1) Where the Director General receives information within paragraph (3), the Director General must not disclose, whether under regulation 9, 59 or 60 or otherwise, the information, or the fact that the Director General has received it, unless the relevant authority consents to the disclosure. (2) Where a person appointed under regulation 43 or 44 to investigate a complaint or matter (an “investigator in a directed investigation (under regulation 43 or 44)”) receives information within paragraph (3), the investigator in a directed investigation (under regulation 43 or 44) must not disclose the information, or the fact that it has been received, to any person other than the Director General unless the relevant authority consents to the disclosure. (3) The information is— (a) intelligence service information; (b) protected information relating to a relevant warrant; or (c) information obtained (directly or indirectly) from a government department which, at the time it is provided to the Director General or the investigator in a directed investigation (under regulation 43 or 44), is identified by the department as information the disclosure of which may, in the opinion of the relevant authority, cause damage to— (i) national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom; or (ii) jeopardise the safety of any person. (4) Where the Director General or an investigator in a directed investigation (under regulation 43 or 44) discloses to another person information within paragraph (3) or the fact that the Director General or the investigator in a directed investigation (under regulation 43 or 44) has received it, that person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (5) In this regulation— “government department” means a department of His Majesty’s Government but does not include— the Security Service; the Secret Intelligence Service; or the Government Communications Headquarters (“GCHQ”); “intelligence service information” means information which was obtained (directly or indirectly) from an intelligence service or which related to an intelligence service; “intelligence service” means— the Security Service; the Secret Intelligence Service; GCHQ; or any part of His Majesty’s forces (within the meaning of the Armed Forces Act 2006), or of the Ministry of Defence, which engages in intelligence activities; “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant; “relevant authority” means— in the case of intelligence service information obtained from the Security Service, the Director General of the Security Service; in the case of intelligence service information obtained from the Secret Intelligence Service, the Chief of the Secret Intelligence Service; in the case of intelligence service information obtained from GCHQ, the Director of GCHQ; in the case of intelligence service information obtained from any part of His Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities, the Secretary of State; in the case of protected information relating to a relevant warrant, the person to whom the warrant is or was addressed; in the case of information within paragraph (3)(c)— the Secretary of State; or the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State), and for this purpose “Minister of the Crown” has the meaning given in the Ministers of the Crown Act 1975; “relevant warrant” means— a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016; or a warrant under Chapter 1 of Part 6 of that Act.

Your change, as a redline

71 Sensitive information: restriction on disclosure

(1) Where the Director General receives information within paragraph (3), the Director General must not disclose, whether under regulation 9, 59 or 60 or otherwise, the information, or the fact that the Director General has received it, unless the relevant authority consents to the disclosure. (2) Where a person appointed under regulation 43 or 44 to investigate a complaint or matter (an “investigator in a directed investigation (under regulation 43 or 44)”) receives information within paragraph (3), the investigator in a directed investigation (under regulation 43 or 44) must not disclose the information, or the fact that it has been received, to any person other than the Director General unless the relevant authority consents to the disclosure. (3) The information is— (a) intelligence service information; (b) protected information relating to a relevant warrant; or (c) information obtained (directly or indirectly) from a government department which, at the time it is provided to the Director General or the investigator in a directed investigation (under regulation 43 or 44), is identified by the department as information the disclosure of which may, in the opinion of the relevant authority, cause damage to— (i) national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom; or (ii) jeopardise the safety of any person. (4) Where the Director General or an investigator in a directed investigation (under regulation 43 or 44) discloses to another person information within paragraph (3) or the fact that the Director General or the investigator in a directed investigation (under regulation 43 or 44) has received it, that person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (5) In this regulation— “government department” means a department of His Majesty’s Government but does not include— the Security Service; the Secret Intelligence Service; or the Government Communications Headquarters (“GCHQ”); “intelligence service information” means information which was obtained (directly or indirectly) from an intelligence service or which related to an intelligence service; “intelligence service” means— the Security Service; the Secret Intelligence Service; GCHQ; or any part of His Majesty’s forces (within the meaning of the Armed Forces Act 2006), or of the Ministry of Defence, which engages in intelligence activities; “protected information”, in relation to a relevant warrant, means information relating to any of the matters mentioned in section 57(4) of the Investigatory Powers Act 2016 in relation to the warrant; “relevant authority” means— in the case of intelligence service information obtained from the Security Service, the Director General of the Security Service; in the case of intelligence service information obtained from the Secret Intelligence Service, the Chief of the Secret Intelligence Service; in the case of intelligence service information obtained from GCHQ, the Director of GCHQ; in the case of intelligence service information obtained from any part of His Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities, the Secretary of State; in the case of protected information relating to a relevant warrant, the person to whom the warrant is or was addressed; in the case of information within paragraph (3)(c)— the Secretary of State; or the Minister of the Crown in charge of the government department from which the information was obtained (if that Minister is not a Secretary of State), and for this purpose “Minister of the Crown” has the meaning given in the Ministers of the Crown Act 1975; “relevant warrant” means— a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016; or a warrant under Chapter 1 of Part 6 of that Act.

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