Section 36 — Sections 30 to 34: interpretation

(1) This section applies for the purposes of sections 30 to 34.

(2) References to the following persons have the following meanings— “the Border Security Commander” means the person designated under section 1 of this Act; “designated customs official” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act); “the Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009; “HMRC” means His Majesty’s Revenue and Customs; “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(3) A “UK authorised person” means—

(a) for the purposes of section 30, a person in the first column of the following table who is authorised to receive information under section 30(1) by the person specified in the corresponding entry in the second column of the table;

(b) for the purposes of sections 33 and 34, a person in the first column of the following table who is authorised to receive information under section 33(7) by the person specified in the corresponding entry in the second column of the table.

Person Authorising officer a constable or other person who is under the direction and control of a person who has the direction and control of a body of constables the person under whose direction and control the constable or other person is a member of a service police force or other person who is under the direction and control of a Provost Marshal the relevant Provost Marshal

(4) In the table in subsection (3)— “constable” includes special constable; “relevant Provost Marshal” means— (a) in relation to a member of a service police force— (i) the Provost Marshal of that service police force, or (ii) in the case of a member of the tri-service serious crime unit described in section 375(1A) of the Armed Forces Act 2006, the Provost Marshal for serious crime; (b) in relation to any other person who is under the direction and control of a Provost Marshal, the Provost Marshal under whose direction and control the person is; “service police force” has the same meaning as in the Armed Forces Act 2006 (see section 375(1) of that Act).

(5) A “UK authorising officer” means—

(a) a person having the direction and control of a body of constables, and

(b) a Provost Marshal.

(6) A “non-UK authorised person” means a person specified in the first column of the following table who is authorised to receive information under section 33(8) by the person specified in the corresponding entry in the second column of the table. Person Authorising officer A member of the States of Jersey Police Force The Chief Officer of the States of Jersey Police Force A Deputy Agent of the Impôts or an officer of the Impôts The Agent of the Impôts of the Bailiwick of Jersey An employee or member of the Jersey Financial Intelligence Unit The Director of the Jersey Financial Intelligence Unit A member of the salaried Police Force of the Island of Guernsey The Chief Officer of the salaried Police Force of the Island of Guernsey An employee of the States of Guernsey The Chief Officer of the salaried Police Force of the Island of Guernsey An officer of Customs and Excise of the Bailiwick of Guernsey The Chief Officer of Customs and Excise of the Bailiwick of Guernsey An immigration officer of the Bailiwick of Guernsey The Chief Officer of Customs and Excise of the Bailiwick of Guernsey A person authorised to exercise a function of the Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey The Director of the Economic and Financial Crime Bureau of the Bailiwick of Guernsey A member of staff of the Financial Intelligence Unit of the Bailiwick of Guernsey The head of the Financial Intelligence Unit of the Bailiwick of Guernsey A member of the Isle of Man Constabulary The Chief Constable of the Isle of Man Constabulary An employee of the Isle of Man Public Services Commission The Chief Constable of the Isle of Man Constabulary An officer of Customs and Excise of the Isle of Man The Treasury Minister of the Isle of Man An immigration officer of the Isle of Man The Treasury Minister of the Isle of Man A member of staff of the Isle of Man Financial Intelligence Unit The Director of the Isle of Man Financial Intelligence Unit A member of the Royal Gibraltar Police The Commissioner of the Royal Gibraltar Police A member of the Gibraltar Defence Police The Chief Officer of the Gibraltar Defence Police An officer of His Majesty’s Customs Gibraltar The Collector of Customs of His Majesty’s Government of Gibraltar

(7) A “non-UK authorising officer” means a person specified in the second column of the table in subsection (6).

(8) References to the following purposes or functions have the following meanings— “customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act); “general customs function” has the same meaning as in Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8) of that Act); “HMRC functions” means functions of the Commissioners for His Majesty’s Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act); “human welfare purposes” means any of the following— (a) preventing loss of human life; (b) preventing serious physical harm to a person; (c) safeguarding vulnerable people; “immigration purposes” has the meaning given by section 20(3) of the Immigration and Asylum Act 1999; “the law enforcement purposes” has the same meaning as in Part 3 of the Data Protection Act 2018 (section 31 of that Act); “NCA functions” has the same meaning as in Part 1 of the Crime and Courts Act 2013 (see section 16(1) of that Act); “specified purposes related to policing” means purposes related to policing that are specified in regulations made under this subsection by the Secretary of State.

(9) Before making regulations under subsection (8), the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Department of Justice in Northern Ireland, and

(c) such persons appearing to the Secretary of State to represent the views of a body of constables in the United Kingdom as the Secretary of State considers appropriate.