C4Part 7Money Laundering
F13F15Further informationF15Information orders
Ss. 339ZH-339ZK and cross-heading inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 12, 58(1)(6); S.I. 2017/991, reg. 2(c) (with reg. 3(2))
Word in s. 339ZH cross-heading substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 185(14)(a), 219(1)(2)(b)
339ZHF4Further informationF4Information orders
1
2
The application must—
a
specify or describe the information sought under the order, and
b
specify the person from whom the information is sought (“the respondent”).
3
a
the information specified or described in the application for the order, or
b
such other information as the court or sheriff making the order thinks appropriate,
so far as the information is in the possession, or under the control, of the respondent.
4
a
the information required to be given under the order would relate to a matter arising from a disclosure made under this Part,
b
the respondent is the person who made the disclosure or is otherwise carrying on a business in the regulated sector,
c
the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and
d
it is reasonable in all the circumstances for the information to be provided.
5
a
the information required to be given under the order would relate to a matter arising from a disclosure made under a corresponding disclosure requirement,
b
an external request has been made to the National Crime Agency for the provision of information in connection with that disclosure,
c
the respondent is carrying on a business in the regulated sector,
d
the information is likely to be of substantial value to the authority that made the external request in determining any matter in connection with the disclosure, and
e
it is reasonable in all the circumstances for the information to be provided.
6
For the purposes of subsection (5), “external request” means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed.
F86A
Condition 3 for the making of an information order is met if—
a
the information would assist an authorised NCA officer to conduct—
i
operational analysis of information that is relevant to money laundering or suspected money laundering, or
ii
strategic analysis identifying trends or patterns in the conduct of money laundering, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of money laundering,
for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to money laundering,
b
the respondent is a person carrying on a business in the regulated sector,
c
where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 339ZL,
d
where the application for the order is made to the sheriff—
i
the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and
ii
the person making that request has had regard to the code of practice under section 339ZL, and
e
it is reasonable in all the circumstances for the information to be provided.
6B
Condition 4 for the making of an information order is met if—
a
a request has been made by a foreign FIU to the National Crime Agency for the provision of the information required to be given under the order,
b
an authorised NCA officer has reasonable grounds to believe that the request was made only for the purpose of assisting the foreign FIU to conduct one or both of the following—
i
operational analysis of information that is relevant to money laundering or suspected money laundering, or
ii
strategic analysis identifying trends or patterns in the conduct of money laundering, or systematic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of money laundering,
and that the information is likely to be of substantial value to the foreign FIU in carrying out such analysis,
c
the provision of the information by the National Crime Agency to the foreign FIU would be for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to money laundering,
d
the respondent is a person carrying on a business in the regulated sector,
e
where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 339ZL,
f
where the application for the order is made to the sheriff—
i
the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and
ii
the person making that request has had regard to the code of practice under section 339ZL, and
g
it is reasonable in all the circumstances for the information to be provided.
7
a
how the information required under the order is to be provided, and
b
the date by which it is to be provided.
8
9
The sum mentioned in subsection (8) is to be treated as adjudged to be paid by a conviction of the court for the purposes of the Magistrates' Courts Act 1980 or (as the case may be) the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
10
In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (8).
11
Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector.
12
In this section—
F2“authorised NCA officer” means a National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this section;
“corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;
“corresponding money laundering offence” means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11);
F2“the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013;
“foreign country” means a country or territory outside the United Kingdom;
F2“foreign FIU” means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);
“relevant person” means—
- a
in the case of an application to a magistrates' court, the Director General of the National Crime Agency or any
F16other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,F16authorised NCA officer, or - b
in the case of an application to the sheriff, a procurator fiscal.
- a
339ZLF17Code of practice about certain information orders
1
The Secretary of State must make a code of practice in connection with the exercise of the following functions by the Director General of the National Crime Agency or an authorised NCA officer—
a
the making of an application to the magistrates’ court for an information order in reliance on Condition 3 or 4 in section 339ZH being met;
b
the making of a request to a procurator fiscal for the procurator fiscal to apply for an information order in reliance on Condition 3 or 4 in section 339ZH being met.
2
Where the Secretary of State proposes to issue a code of practice the Secretary of State must—
a
publish a draft,
b
consider any representations made about the draft, and
c
if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.
3
A requirement in paragraph (a), (b) or (c) of subsection (2) may be satisfied by the carrying out of the action required by the paragraph in question before this section comes into force.
4
The Secretary of State must lay a draft of the code before Parliament.
5
When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by regulations.
6
The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (5) apply to a revised code as they apply to the original code.
7
A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.
8
The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
9
A code of practice made under this section may be combined with a code of practice under section 22F of the Terrorism Act 2000 (code of practice relating to information orders under section 22B(1A) of that Act).
10
In this section “authorised NCA officer” has the meaning given in section 339ZH(12).
C7C3C5C2C1C6339ZIStatements
1
2
Subsection (1) does not apply—
a
in the case of proceedings under this Part,
b
on a prosecution for perjury, or
c
on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1).
3
A statement may not be used by virtue of subsection (2)(c) unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by or on behalf of the person in the proceedings arising out of the prosecution.
4
In subsection (2)(b) the reference to a prosecution for perjury is—
a
in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;
b
in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).
339ZJAppeals
1
2
An appeal under this section lies at the instance of any person who was a party to the proceedings on the application.
3
The “relevant appeal court” is—
a
the Crown Court, in the case of a decision made by a magistrates' court in England and Wales;
b
a county court, in the case of a decision made by a magistrates' court in Northern Ireland;
c
the Sheriff Appeal Court, in the case of a decision made by the sheriff.
4
On an appeal under this section the relevant appeal court may—
b
vary the order.
339ZKSupplementary
1
2
“Privileged information” is information which a person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court or, in Scotland, legal privilege as defined by section 412.
3
4
5
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to F12further information orders.
Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3