In a message dated 28/05/2002 15:54:19 GMT Daylight Time,
[log in to unmask] writes:
<< The Customs & Excise Officer has quoted exemption 29(3), which appears to
be the correct exemption. >>
and [log in to unmask] says:
<<Like Julie I have had a request from the [Department for Work and Pensions]
again quoting 29(3) and for purposes of crime prevention in relation to
children who are in care and attending a school in this catchment area.>>
---------
Section 29(3) only allows (not compels) disclosure on a case by case basis
where failure to disclose would prejudice the specified purpose (eg crime
detection).
It is certainly not the right exemption for these fishing trips.
Both the Inland Revenue and Customs and Excise have powers to inspect and if
they suspect a person or a group of people of tax or duty evasion they can
certainly enter your premises or demand the information under specific
legislation.
They will put the demand in writing and state the legislation which requires
the disclosure where they are using these powers.
If they are requesting the data under s29 they will need to give you a signed
(and countersigned) certificate of exemption for each person whose details
they are requesting. Without this, how could you possibly assess each
request to see if failure to disclose that person's details might prejudice
their enquiries?
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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