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Change 1
As published
243A Overseas disclosures for both overseas and domestic purposes
(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for the purpose of facilitating both—
(a) the exercise by the discloser of any function it has under or by virtue of this Act or any other enactment, and
(b) the exercise by the overseas public authority of any function which it has relating to—
(i) carrying out investigations in connection with the enforcement of any relevant law by means of civil proceedings;
(ii) bringing civil proceedings for the enforcement of such law or the conduct of such proceedings;
(iii) the investigation of crime;
(iv) bringing criminal proceedings or the conduct of such proceedings;
(v) deciding whether to start or bring to an end such investigations or proceedings.
(2) Subsection (1) does not apply to any of the following—
(a) information which is held by a person who is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151 of that Act);
(b) information which comes to a public authority in connection with an investigation under Part 4 or section 174 of this Act;
(c) information which comes to a public authority in connection with an investigation under section 11 of the Competition Act 1980;
(d) legacy information within the meaning of subsection (5).
(3) In subsection (1)(a), the reference to an enactment includes a reference to an enactment contained in—
(a) an Act of the Scottish Parliament;
(b) Northern Ireland legislation;
(c) subordinate legislation.
(4) In subsection (1)(b)(i), “relevant law” means—
(a) this Act, any enactment specified in Schedule 14 and such subordinate legislation as is specified by order for the purposes of section 238(1);
(b) any enactment, obligation or rule of law specified in Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments);
(c) any legislation, or any obligation or rule of law in a country or territory outside the United Kingdom which appears to the discloser to make provision corresponding or similar to anything within paragraphs (a) and (b).
(5) In subsection (2)(d), “legacy information” means information which—
(a) comes to a public authority in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Parts 4 or 6 of the 1973 Act;
(b) came to a public authority—
(i) before the coming into force of this section, and
(ii) in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Part 5 of the 1973 Act;
(c) came to a public authority—
(i) before 1 July 2021, and
(ii) in connection with an investigation under Part 3 of the Enterprise Act 2002.
Your change, as a redline
243A Overseas disclosures for both overseas and domestic purposes
(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for the purpose of facilitating both—
(a) the exercise by the discloser of any function it has under or by virtue of this Act or any other enactment, and
(b) the exercise by the overseas public authority of any function which it has relating to—
(i) carrying out investigations in connection with the enforcement of any relevant law by means of civil proceedings;
(ii) bringing civil proceedings for the enforcement of such law or the conduct of such proceedings;
(iii) the investigation of crime;
(iv) bringing criminal proceedings or the conduct of such proceedings;
(v) deciding whether to start or bring to an end such investigations or proceedings.
(2) Subsection (1) does not apply to any of the following—
(a) information which is held by a person who is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151 of that Act);
(b) information which comes to a public authority in connection with an investigation under Part 4 or section 174 of this Act;
(c) information which comes to a public authority in connection with an investigation under section 11 of the Competition Act 1980;
(d) legacy information within the meaning of subsection (5).
(3) In subsection (1)(a), the reference to an enactment includes a reference to an enactment contained in—
(a) an Act of the Scottish Parliament;
(b) Northern Ireland legislation;
(c) subordinate legislation.
(4) In subsection (1)(b)(i), “relevant law” means—
(a) this Act, any enactment specified in Schedule 14 and such subordinate legislation as is specified by order for the purposes of section 238(1);
(b) any enactment, obligation or rule of law specified in Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments);
(c) any legislation, or any obligation or rule of law in a country or territory outside the United Kingdom which appears to the discloser to make provision corresponding or similar to anything within paragraphs (a) and (b).
(5) In subsection (2)(d), “legacy information” means information which—
(a) comes to a public authority in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Parts 4 or 6 of the 1973 Act;
(b) came to a public authority—
(i) before the coming into force of this section, and
(ii) in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Part 5 of the 1973 Act;
(c) came to a public authority—
(i) before 1 July 2021, and
(ii) in connection with an investigation under Part 3 of the Enterprise Act 2002.
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