National Security Act 2023

Section 26

Schedule 5 U.K. Account monitoring orders

Account monitoring orders U.K.

1 (1) An appropriate officer may apply to a judge for an account monitoring 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 the order is sought against the financial institution specified in the application in relation to information which—

(a) relates to an account or accounts held at the institution by the person specified in the application (whether solely or jointly with another), and

(b) is of the description so specified.

(5) The application may specify information relating to—

(a) all accounts held by the person specified in the application at the financial institution so specified,

(b) a particular description, or particular descriptions, of accounts so held, or

(c) a particular account, or particular accounts, so held.

(6) An account monitoring order is an order that the financial institution specified in the application must—

(a) for the period specified in the order,

(b) in the manner so specified,

(c) at or by the time or times so specified, and

(d) at the place or places so specified,

provide information of the description specified in the application to an appropriate officer.

(7) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Commencement Information

I1 Sch. 5 para. 1 not in force at Royal Assent, see 100(1)

I2 Sch. 5 para. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Applications U.K.

2 An application for an account monitoring order may be made without notice to a judge in chambers.

Commencement Information

I3 Sch. 5 para. 2 not in force at Royal Assent, see 100(1)

I4 Sch. 5 para. 2 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Discharge or variation U.K.

3 (1) An application to discharge or vary an account monitoring 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 account monitoring 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 account monitoring 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) The court may—

(a) discharge the order;

(b) vary the order.

Commencement Information

I5 Sch. 5 para. 3 not in force at Royal Assent, see 100(1)

I6 Sch. 5 para. 3 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Rules of court U.K.

4 (1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring 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.

Commencement Information

I7 Sch. 5 para. 4 not in force at Royal Assent, see 100(1)

I8 Sch. 5 para. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Effect of orders U.K.

5 (1) In England and Wales and Northern Ireland, an account monitoring order has effect as if it were an order of the court.

(2) An account monitoring order has effect in spite of any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

Commencement Information

I9 Sch. 5 para. 5 not in force at Royal Assent, see 100(1)

I10 Sch. 5 para. 5 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Statements U.K.

6 (1) A statement made by a person in response to an account monitoring order may not be used in evidence against them in criminal proceedings.

(2) But sub-paragraph (1) does not apply—

(a) in the case of proceedings for contempt of court;

(b) on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used against a person by virtue of sub-paragraph (2)(b) 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.

Commencement Information

I11 Sch. 5 para. 6 not in force at Royal Assent, see 100(1)

I12 Sch. 5 para. 6 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Interpretation U.K.

7 (1) This paragraph applies for the interpretation of this Schedule.

(2) “Appropriate officer” has the meaning given by paragraph 1(3).

(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) “Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule).

(5) “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.

Commencement Information

I13 Sch. 5 para. 7 not in force at Royal Assent, see 100(1)

I14 Sch. 5 para. 7 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)