Part 5: Miscellaneous Chapter 3: Miscellaneous Section 326: Disclosing information overseas 243D - Use and further disclosure of information disclosed under sections 243A and 243B
Section 243D sets out additional restrictions on the use and further disclosure by overseas public authorities of information disclosed through the gateways in sections 243A (disclosure of information for facilitating both overseas and domestic purposes) and section 243B (disclosure of information for overseas purposes only).
	Subsections (2) and (3) concern restrictions on the use and further disclosure of information disclosed under the section 243A gateway to facilitate the exercise by the disclosing UK authority of any of its statutory functions. Subsection (2) sets out that information disclosed for these purposes cannot be used by the overseas authority for any purpose other than the one for which it was originally disclosed unless the disclosing UK authority consents to use for another purpose and that purpose is also to facilitate its own functions. Subsection (3) provides similarly that information disclosed to facilitate the functions of a UK authority must not be further disclosed by the overseas authority unless the UK authority gives its consent, and the further disclosure also facilitates a function of the UK authority. Consent may be given either subsequently or at the point the information is originally disclosed.
	Subsections (5) and (6) of section 243D apply to information disclosed under either the section 243A or the section 243B gateway to facilitate the exercise of any of the overseas authority’s enforcement functions as set out in section 243A, subsection (1), paragraph (b). Subsection (5) prevents information disclosed for these purposes from being used by the overseas public authority for any purpose other than the one for which it was originally disclosed unless the disclosing UK authority consents to its use for another purpose and that other purpose is also to facilitate one of the overseas authority’s enforcement functions.
	Similarly, subsection (6) provides that information disclosed to facilitate an overseas authority’s enforcement functions must not be further disclosed by the overseas authority unless the UK authority gives its consent, and the further disclosure also facilitates an overseas enforcement function. Again, consent may be given either subsequently or at the point the information is originally disclosed.
	Subsection (7) specifies that where a UK authority is deciding whether to give consent under any of the relevant provisions of section 243D for an overseas authority to use or further disclose information, it must have regard to the considerations set out in section 243F in the same way that it would have to when making an initial disclosure under the relevant gateway.
	Subsection (8) makes it clear that the restrictions in section 243D do not prevent any use and further disclosure of information by an overseas public authority that is required under the law of the country or territory of the authority.