PART 5Miscellaneous

Disclosures to prevent, detect or investigate economic crime etc

I1I2193Other defined terms in sections 188 to 191

1

In sections 188 to 191—

  • cryptoasset exchange provider” has the meaning given by paragraph 1(12)(a) of Schedule 9 to the Proceeds of Crime Act 2002;

  • custodial wallet provider” has the meaning given by paragraph 1(12)(b) of Schedule 9 to the Proceeds of Crime Act 2002;

  • customer due diligence measures” has the meaning given by regulation 3(1) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692);

  • the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • deposit-taking body” means—

    1. a

      a business which engages in the activity of accepting deposits, or

    2. b

      the National Savings Bank;

  • economic crime” means an act which—

    1. a

      constitutes an offence listed in Schedule 11 (“a listed offence”),

    2. b

      constitutes an attempt or conspiracy to commit a listed offence,

    3. c

      constitutes an offence—

      1. i

        under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to a listed offence, or

      2. ii

        under the law of Scotland of inciting the commission of a listed offence,

    4. d

      constitutes aiding, abetting, counselling or procuring the commission of a listed offence, or

    5. e

      would constitute a listed offence or an offence specified in paragraph (b), (c) or (d) if done in the United Kingdom;

  • electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);

  • enactment” includes—

    1. a

      an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);

    2. b

      an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

    3. c

      an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

    4. d

      an enactment contained in, or in an instrument made under, Northern Ireland legislation;

    5. e

      any retained direct EU legislation;

  • financial year” means a period of 12 months ending with 31 March;

  • payment institution” means an authorised payment institution or small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));

  • personal data” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • “regulated sector”: see subsection (2);

  • the UK GDPR” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

2

Part 1 of Schedule 9 to the Proceeds of Crime Act 2002 has effect for the purpose of determining what is a business in the regulated sector.

3

The Secretary of State may, by regulations, add an offence to or remove an offence from the list in Schedule 11.