PART 3Recognition and execution in the United Kingdom of a European investigation order made in a participating State

CHAPTER 5Execution of a European investigation order by means of a customer information order or an account monitoring order

Offence of disclosureI150

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.