Schedules
Schedule 4Customer information orders
I1I91Customer information orders
1
An appropriate officer may apply to a judge for a customer information order.
2
The judge may grant the application if satisfied that—
a
the order is sought for the purposes of an investigation into foreign power threat activity, and
b
the order will enhance the effectiveness of the investigation.
3
“Appropriate officer” means—
a
in relation to England and Wales or Northern Ireland, a constable or a National Crime Agency officer;
b
in relation to Scotland, the procurator fiscal.
4
The application must state that—
a
b
the order is sought against the financial institution or financial institutions specified in the application.
5
The application may specify—
a
all financial institutions,
b
a particular description, or particular descriptions, of financial institutions, or
c
a particular financial institution or particular financial institutions.
6
A customer information order is an order authorising an appropriate officer to give to a financial institution covered by the application notice in writing requiring it to provide any customer information it has relating to the person specified in the application.
7
The financial institution must provide the information at or by the time, and in a manner, specified in the notice.
8
A financial institution is not bound to comply with a requirement imposed by a notice given under a customer information order unless evidence of authority to give the notice is produced.
9
An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.
10
Sub-paragraph (9) does not apply in relation to Scotland.
I2I102Supplementary provision
A customer information order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.
I3I113Applications
An application for a customer information order may be made without notice to a judge in chambers.
I4I124Discharge or variation
1
An application to discharge or vary a customer information order may be made to the court by—
a
the person who applied for the order;
b
any person affected by the order.
2
If the application for the customer information order was made by a constable, an application to discharge or vary the order may be made by a different constable.
3
If the application for the customer information order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer.
4
An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.
5
Sub-paragraph (4) does not apply in relation to Scotland.
6
The court may—
a
discharge the order;
b
vary the order.
I5I135Rules of court
1
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to customer information orders.
2
In Scotland rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.
I6I146Offences
1
A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a customer information order.
2
A person guilty of an offence under sub-paragraph (1) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
b
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);
c
on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
I7I157Statements
1
A statement made by a person in response to a requirement imposed under a customer information order may not be used in evidence against them in criminal proceedings.
2
3
A statement may not be used against a person by virtue of sub-paragraph (2) 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.
I8I168Interpretation
1
This paragraph applies for the interpretation of this Schedule.
2
3
“The court” means—
a
in relation to England and Wales or Northern Ireland, the Crown Court;
b
in relation to Scotland, the sheriff.
4
“Customer information”—
a
in relation to England and Wales or Northern Ireland, has the meaning given by section 364 of the Proceeds of Crime Act 2002;
b
in relation to Scotland, has the meaning given by section 398 of that Act.
5
“Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).
6
“Judge” means—
a
in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court;
b
in relation to Northern Ireland, a judge of the Crown Court;
c
in relation to Scotland, the sheriff.
7
“Senior officer” means—
a
a constable of at least the rank of superintendent;
b
the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.