The Proceeds of Crime Act 2002 (External Investigations) Order 2013

Meaning of customer information E+W+N.I.

23.—(1) “Customer information”, in relation to a person and a financial institution, is information whether the person holds, or has held, an account or accounts or any safe deposit box at the financial institution (whether solely or jointly with another) and (if so) information as to—

(a) the matters specified in paragraph (2) if the person is an individual,

(b) the matters specified in paragraph (3) if the person is a company or limited liability partnership or a similar body incorporated or otherwise established outside the United Kingdom.

(2) The matters referred to in paragraph (1)(a) are—

(a) the account number or numbers or the number of any safe deposit box,

(b) the person’s full name,

(c) their date of birth,

(d) their most recent address and any previous addresses,

(e) in the case of an account or accounts, the date or dates on which they began to hold the account or accounts and, if they have ceased to hold the account or any of the accounts, the date or dates on which they did so,

(f) in the case of any safe deposit box, the date on which the box was made available to them and if the box has ceased to be available to them the date on which it so ceased,

(g) such evidence of identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering,

(h) the full name, date of birth and most recent address, and any previous addresses, of any person who holds, or has held, an account at the financial institution jointly with them,

(i) the account number or numbers of any other account or accounts held at the financial institution to which they are a signatory and details of the person holding the other account or accounts.

(3) The matters referred to in paragraph (1)(b) are—

(a) the account number or numbers or the number of any safe deposit box,

(b) the person’s full name,

(c) a description of any business which the person carries on,

(d) the country or territory in which it is incorporated or otherwise established and any number allocated to it under the Companies Act 2006(1) or corresponding legislation of any country or territory outside the United Kingdom,

(e) any number assigned to it for the purposes of value added tax in the United Kingdom,

(f) its registered office, and any previous registered offices, under the Companies Act 2006 (or corresponding earlier legislation) or anything similar under corresponding legislation of any country or territory outside the United Kingdom,

(g) its registered office, and any previous registered offices, under the Limited Liability Partnerships Act 2000(2) or anything similar under corresponding legislation of any country or territory outside Great Britain,

(h) in the case of an account or accounts, the date or dates on which it began to hold the account or accounts and, if it has ceased to hold the account or any of the accounts, the date or dates on which it did so,

(i) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased,

(j) such evidence of identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering,

(k) the full name, date of birth and most recent address and any previous addresses of any person who is a signatory to the account or any of the accounts.

(4) Money laundering is an act which—

(a) constitutes an offence under section 327, 328 or 329 of the Proceeds of Crime Act 2002(3) or section 18 of the Terrorism Act 2000(4),

(b) constitutes an offence specified in section 415(1A) of the Proceeds of Crime Act 2002, or

(c) would constitute an offence specified in paragraph (a) or (b) if done in the United Kingdom.

(5) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.

Commencement Information

I1 Art. 23 in force at 11.11.2013, see art. 1(1)

(1)

2006 c. 46.

(2)

2000 c. 12.

(3)

2002 c. 29.

(4)

2000 c. 11.