- Latest available (Revised)
- Original (As enacted)
Proceeds of Crime Act 2002, Section 332 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A person nominated to receive disclosures under section 337 or 338 commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2)The first condition is that he knows or suspects that another person is engaged in money laundering.
(3)The second condition is that the information or other matter on which his knowledge or suspicion is based came to him in consequence of a disclosure made under [F1the applicable section].
[F2(3A)The third condition is—
(a)that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under the applicable section,
(b)that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or
(c)that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4)The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by [F3the Director General of the National Crime Agency] as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5)The required disclosure is a disclosure of—
(a)the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section,
(b)the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and
(c)the information or other matter mentioned in subsection (3).
(5A)The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in.
(5B)The applicable section is section 337 or, as the case may be, section 338.
(6)But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.]
[F4(7)Nor does a person commit an offence under this section if—
(a)he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b)the money laundering—
(i)is not unlawful under the criminal law applying in that country or territory, and
(ii)is not of a description prescribed in an order made by the Secretary of State.]
Textual Amendments
F1Words in s. 332(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 104(5), 178(8); S.I. 2005/1521, art. 3(1)(c)
F2S. 332(3A)-(6) substituted for s. 332(4)-(6) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 104(6), 178(8); S.I. 2005/1521, art. 3(1)(c) (with art. 3(4))
F3Words in s. 332(4) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 131; S.I. 2013/1682, art. 3(v)
F4S. 332(7) inserted (15.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 102(7), 178(8); S.I. 2006/1085, art. 3
Modifications etc. (not altering text)
C1Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3
Commencement Information
I1S. 332 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: