Section 322(5)

In considering whether to authorise R to assist O (whether specifically or generally), the Secretary of State must have regard to whether— O’s request for assistance is made under, or in accordance with, the terms of an arrangement or agreement (other than a qualifying cooperation arrangement) to which the United Kingdom is a party (and, where it is, the Secretary of State must also have regard to the terms of the arrangement or agreement); it would be more appropriate, in relation to the matter in respect of which R’s assistance is requested, for— any of R’s powers under the relevant enactment concerned to be exercised solely on behalf of R (and not by virtue of this Chapter), or for functions to be exercised by another person or body in the United Kingdom or in a country or territory other than the country or territory of O; R assisting O would be contrary to the public interest.

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Source: legislation.gov.uk · retrieved 2026-07-30