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SCHEDULE 6 |
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FINANCIAL
INFORMATION |
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Orders |
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1.
- (1) Where an order has been made under this paragraph in relation
to a terrorist investigation, a constable named in the order may
require a financial institution to provide customer information
for the purposes of the investigation.
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(2)
The information shall be provided-
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(a) in such
manner and within such time as the constable may specify, and
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(b) notwithstanding
any restriction on the disclosure of information imposed by statute
or otherwise.
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(3)
An institution which fails to comply with a requirement under this
paragraph shall be guilty of an offence.
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(4)
It is a defence for an institution charged with an offence under
sub-paragraph (3) to prove-
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(a) that the
information required was not in the institution's possession,
or
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(b) that it
was not reasonably practicable for the institution to comply with
the requirement.
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(5)
An institution guilty of an offence under sub-paragraph (3) shall
be liable on summary conviction to a fine not exceeding level 5
on the standard scale.
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Procedure |
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2.
An order under paragraph 1 may be made only on the application of-
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(a) in England
and Wales or Northern Ireland, a police officer of at least the
rank of superintendent, or
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(b) in Scotland,
the procurator fiscal.
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3.
An order under paragraph 1 may be made only by-
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(a) in England
and Wales, a Circuit judge,
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(b) in Scotland,
the sheriff, or
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(c) in Northern
Ireland, a county court judge.
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4.
- (1) Crown Court Rules may make provision about the procedure for
an application under paragraph 1.
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(2)
The High Court of Justiciary may, by Act of Adjournal, make provision
about the procedure for an application under paragraph 1.
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Criteria for making order |
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5.
An order under paragraph 1 may be made only if the person making
it is satisfied that-
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(a) the order
is sought for the purposes of a terrorist investigation,
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(b) the tracing
of terrorist property is desirable for the purposes of the investigation,
and
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(c) the order
will enhance the effectiveness of the investigation.
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Financial institution |
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6.
- (1) In this Schedule "financial institution" means-
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(a) a person
who carries on a business of taking deposits for which he is authorised
under the Banking Act 1987,
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(b) a building
society (within the meaning of the Building Societies Act 1986),
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(c) a credit
union (within the meaning of the Credit Unions Act 1979 or the
Credit Unions (Northern Ireland) Order 1985),
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(d) a person
carrying on investment business within the meaning of the Financial
Services Act 1986,
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(e) the National
Savings Bank,
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(f) a person
who carries out an activity for the purposes of raising money
authorised to be raised under the National Loans Act 1968 under
the auspices of the Director of National Savings,
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(g) a European
institution carrying on a home regulated activity (within the
meaning of the Second Council Directive on the coordination of
laws, regulations and administrative provisions relating to the
taking up and pursuit of the business of credit institutions),
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(h) a person
carrying out an activity specified in any of points 1 to 12 and
14 of the Annex to that Directive, and
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(i) a person
who carries on an insurance business in accordance with an authorisation
pursuant to Article 6 or 27 of the First Council Directive on
the coordination of laws, regulations and administrative provisions
relating to the taking up and pursuit of the business of direct
life assurance.
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(2)
The Secretary of State may by order provide for a class of person-
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(a) to be
a financial institution for the purposes of this Schedule, or
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(b) to cease
to be a financial institution for the purposes of this Schedule.
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(3)
An institution which ceases to be a financial institution for the
purposes of this Schedule (whether by virtue of sub-paragraph (2)(b)
or otherwise) shall continue to be treated as a financial institution
for the purposes of any requirement under paragraph 1 to provide
customer information which relates to a time when the institution
was a financial institution.
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Customer information |
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7.
- (1) In this Schedule "customer information" means (subject to
sub-paragraph (3))-
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(a) information
whether a business relationship exists or existed between a financial
institution and a particular person ("a customer"),
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(b) a customer's
account number,
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(c) a customer's
full name,
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(d) a customer's
date of birth,
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(e) a customer's
address or former address,
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(f) the date
on which a business relationship between a financial institution
and a customer begins or ends,
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(g) any evidence
of a customer's identity obtained by a financial institution in
pursuance of or for the purposes of any legislation relating to
money laundering, and
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(h) the identity
of a person sharing an account with a customer.
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(2)
For the purposes of this Schedule there is a business relationship
between a financial institution and a person if (and only if)-
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(a) there
is an arrangement between them designed to facilitate the carrying
out of frequent or regular transactions between them, and
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(b) the total
amount of payments to be made in the course of the arrangement
is neither known nor capable of being ascertained when the arrangement
is made.
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(3)
The Secretary of State may by order provide for a class of information-
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(a) to be
customer information for the purposes of this Schedule, or
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(b) to cease
to be customer information for the purposes of this Schedule.
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Offence by body corporate, &c. |
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8.
- (1) This paragraph applies where an offence under paragraph 1(3)
is committed by an institution and it is proved that the offence-
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(a) was committed
with the consent or connivance of an officer of the institution,
or
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(b) was attributable
to neglect on the part of an officer of the institution.
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(2)
The officer, as well as the institution, shall be guilty of the
offence.
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(3)
Where an individual is convicted of an offence under paragraph 1(3)
by virtue of this paragraph, he shall be liable on summary conviction
to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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(4)
In the case of an institution which is a body corporate, in this
paragraph "officer" includes-
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(a) a director,
manager or secretary,
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(b) a person
purporting to act as a director, manager or secretary, and
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(c) if the
affairs of the body are managed by its members, a member.
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(5)
In the case of an institution which is a partnership, in this paragraph
"officer" means a partner.
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(6)
In the case of an institution which is an unincorporated association
(other than a partnership), in this paragraph "officer" means a
person concerned in the management or control of the association.
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Self-incrimination |
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9.
- (1) Customer information provided by a financial institution under
this Schedule shall not be admissible in evidence in criminal proceedings
against the institution or any of its officers or employees.
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(2)
Sub-paragraph (1) shall not apply in relation to proceedings for
an offence under paragraph 1(3) (including proceedings brought by
virtue of paragraph 8).
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