Commentary on Sections Overseas purposes Section 442: Restriction on disclosure for overseas purposes
591.Section 442 brings the power to disclose information for overseas purposes within the scope of the provisions of the Anti-Terrorism, Crime and Security Act 2001. Section 18 of that Act provides power for the Secretary of State to restrict disclosure of information for overseas purposes. The power may be exercised where it appears to the Secretary of State that the overseas investigation or proceeding relates to a matter where it would be more appropriate for any investigation to be carried out by the authorities of the United Kingdom or a third country.
592.Subsection (1) provides that the provisions of section 18 apply to a disclosure made under section 438(1)(a) or (b), or under section 441(2)(a) or (b). Subsection (2) disapplies section 20 of the ATCS Act in relation to disclosures under Part 10; section 20 contains interpretation provisions for Part 3 of the Act which are not needed for the Act.