The Revenue and Customs (Complaints and Misconduct) (Amendment) Regulations 2025
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Change 1
8 Insertion of regulation 14A
After regulation 14 (use of information) insert— Restriction on disclosure of sensitive information 14A (1) Where the Director General receives information within paragraph (3), the Director General must not disclose (whether under regulation 8, 54 or 55 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. (2) Where a person appointed under regulation 46 or 47 to investigate a complaint or matter (an “investigator”) receives information within paragraph (3), that investigator 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; (c) information obtained from a government department which, at the time it is provided to the Director General or an investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority— (i) cause damage to 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 discloses to another person information within paragraph (3), or the fact that the Director General or the investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (5) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Director General or an investigator (whether under a provision of these Regulations or otherwise) must— (a) make the Director General or investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and (b) provide the Director General or investigator with such additional information as will enable the Director General or the investigator to identify the relevant authority in relation to the information. (6) 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 that was obtained (directly or indirectly) from or that relates to— the Security Service, the Secret Intelligence Service, GCHQ, or any part of His Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities; “investigator” has the meaning given by paragraph (2); “Minister of the Crown” includes the Treasury; “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 (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service; in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service; in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ; in the case of intelligence service information obtained (directly or indirectly) from or relating to His Majesty's forces or the Ministry of Defence, the Secretary of State; in the case of protected information relating to a relevant warrant, the person to whom the relevant 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); “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. .
8 Insertion of regulation 14A
After regulation 14 (use of information) insert— Restriction on disclosure of sensitive information 14A (1) Where the Director General receives information within paragraph (3), the Director General must not disclose (whether under regulation 8, 54 or 55 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure. (2) Where a person appointed under regulation 46 or 47 to investigate a complaint or matter (an “investigator”) receives information within paragraph (3), that investigator 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; (c) information obtained from a government department which, at the time it is provided to the Director General or an investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority— (i) cause damage to 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 discloses to another person information within paragraph (3), or the fact that the Director General or the investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure. (5) A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Director General or an investigator (whether under a provision of these Regulations or otherwise) must— (a) make the Director General or investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and (b) provide the Director General or investigator with such additional information as will enable the Director General or the investigator to identify the relevant authority in relation to the information. (6) 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 that was obtained (directly or indirectly) from or that relates to— the Security Service, the Secret Intelligence Service, GCHQ, or any part of His Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities; “investigator” has the meaning given by paragraph (2); “Minister of the Crown” includes the Treasury; “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 (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service; in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service; in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ; in the case of intelligence service information obtained (directly or indirectly) from or relating to His Majesty's forces or the Ministry of Defence, the Secretary of State; in the case of protected information relating to a relevant warrant, the person to whom the relevant 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); “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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