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—
- a
a business which engages in the activity of accepting deposits, or
- b
the National Savings Bank;
- a
“economic crime” means an act which—
- a
constitutes an offence listed in Schedule 11 (“a listed offence”),
- b
constitutes an attempt or conspiracy to commit a listed offence,
- c
constitutes an offence—
- 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
- ii
under the law of Scotland of inciting the commission of a listed offence,
- i
- d
constitutes aiding, abetting, counselling or procuring the commission of a listed offence, or
- e
would constitute a listed offence or an offence specified in paragraph (b), (c) or (d) if done in the United Kingdom;
- a
“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—
- a
an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);
- b
an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
- c
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
- d
an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- e
any retained direct EU legislation;
- a
“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.