Offence of disclosureU.K.
This
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Memorandwm Esboniadol
50.—(1) This regulation applies where—
(a)a financial institution is specified in a customer information order or account monitoring order made in the United Kingdom under this Part, or
(b)the central authority receives a European investigation order under this Part for evidence to be obtained from a financial institution in connection with the investigation of an offence in reliance on Article 27 of the Directive (information on banking and other financial operations).
(2) If the financial institution, or an employee of the financial institution, discloses any of the following information, that person is guilty of an offence.
(3) That information is—
(a)that the request to obtain customer information or account information, or the European investigation order mentioned in paragraph (1)(b), has been received;
(b)that the investigation to which the request or order relates is being carried out;
(c)that, in pursuance of the request or order, information has been given to the authority which made the request or order.
(4) A financial institution guilty of an offence under this regulation is liable—
(a)on summary conviction in England and Wales, to a fine;
(b)on summary conviction in Northern Ireland, to a fine not exceeding the statutory maximum;
(c)on summary conviction in Scotland, to a fine not exceeding the statutory maximum;
(d)on conviction on indictment, to a fine.
(5) Any other person found guilty of an offence under this regulation is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding three months or to a fine, or to both;
(b)on summary conviction in Northern Ireland or in Scotland, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both;
(c)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.