PART 5Miscellaneous

Money laundering and terrorist financing

I2I1186Terrorist financing: information orders

I21

Section 22B of the Terrorism Act 2000 (further information orders) is amended in accordance with subsections (2) to (12).

I22

In the heading for “Further information” substitute “Information”.

I23

In subsection (1) for “a further” substitute “an”.

I24

After subsection (1) insert—

1A

A magistrates’ court or (in Scotland) the sheriff may, on an application made—

a

in the case of a magistrates’ court, by the Director General of the National Crime Agency or an authorised NCA officer, and

b

in the case of the sheriff, by a procurator fiscal,

make an information order if satisfied that either condition 3 or condition 4 is met.

I25

In subsection (3) for “A further” substitute “An”.

I26

In subsection (4) for “a further” substitute “an”.

I27

In subsection (5) for “a further” substitute “an”.

I28

After subsection (6) insert—

6A

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 terrorist financing or suspected terrorist financing, or

ii

strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing,

for the purposes of the criminal intelligence function of the National Crime Agency so far as it relates to terrorist financing,

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 22F,

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 22F, 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 terrorist financing or suspected terrorist financing, or

ii

strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systematic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing,

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 terrorist financing,

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 22F,

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 22F, and

g

it is reasonable in all the circumstances for the information to be provided.

I29

In subsection (7) for “A further” substitute “An”.

I210

In subsection (8) for “a further” substitute “an”.

I211

In subsection (12), after “this section” insert “in reliance on Condition 1 or 2”.

I212

In subsection (14), at the appropriate places, insert—

  • “authorised NCA officer” means an officer of the National Crime Agency authorised by the Director General (whether generally or specifically) for the purposes of this section;

  • “the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013;

  • “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);

  • “terrorist financing” means—

    1. a

      for the purposes of subsection (6A), an act which constitutes an offence under any of sections 15 to 18;

    2. b

      for the purposes of subsection (6B), an act which constitutes a corresponding terrorist financing offence.

I113

After section 22E of the Terrorism Act 2000 insert—

22FCode 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 under section 22B(1A) (information orders made in reliance on Condition 3 or 4 in section 22B being met);

b

the making of a request to a procurator fiscal for the procurator fiscal to apply for an information order under section 22B(1A).

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 339ZL of the Proceeds of Crime Act 2002 (code of practice relating to certain information orders under section 339ZH of that Act).

10

In this section “authorised NCA officer” has the meaning given in section 22B(14).

I114

In section 123(4) of that Act (orders and regulations subject to affirmative procedure), after paragraph (a) insert—

aza

section 22F(5);

I215

In consequence of further information orders being renamed information orders by this section, the following amendments are also made to that Act—

a

in the italic heading before section 22B for “Further information” substitute “Information”;

b

in section 22C (statements), in subsection (1) for “a further” substitute “an”;

c

in section 22D (appeals), in subsections (1) and (4)(a) for “a further” substitute “an”;

d

in section 22E (supplementary)—

i

in subsection (1) for “A further” substitute “An”;

ii

in subsection (3) for “a further” substitute “an”;

iii

in subsection (4) for “a further” substitute “an”;

iv

in subsection (5) omit “further”;

e

in section 120C (enforcement of orders in other parts of UK), in subsection (2)(a) omit “further”.