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The Immigration Act 2014 (Specified Anti-fraud Organisation) Order 2014
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Statutory Instruments
2014 No. 1798
Immigration
The Immigration Act 2014 (Specified Anti-fraud Organisation) Order 2014
Made
8th July 2014
Laid before Parliament
11th July 2014
Coming into force
2nd August 2014
The Secretary of State makes the following Order in exercise of the powers conferred by section 40(4) of the Immigration Act 2014(1):
Citation and commencement
1. This Order may be cited as the Immigration Act 2014 (Specified Anti-fraud Organisation) Order 2014 and shall come into force on 2nd August 2014.
Specified anti-fraud organisation
2. For the purposes of section 40(3)(a) of the Immigration Act 2014, CIFAS, a company limited by guarantee with registered number 2584687, is specified as an anti-fraud organisation.
James Brokenshire
Minister of State
Home Office
8th July 2014
EXPLANATORY NOTE
(This note is not part of the Order)
Section 40 of the Immigration Act 2014 provides that a bank or building society must not open a current account for a person who is present in the United Kingdom and who requires leave to enter or remain in the United Kingdom but does not have it, unless it has first carried out a status check which indicates that the individual is not a “disqualified person”. A “disqualified person” is a person within this group for whom the Secretary of State considers that a current account should not be opened by a bank or building society.
By section 40(3)(a), in order to undertake a status check, a bank or building society must check data about the applicant for the account with a specified anti-fraud organisation, or specified data matching authority to identify whether they are a disqualified person. Section 40(4) of the Immigration Act 2014 provides that an anti-fraud organisation has the same meaning as in section 68 of the Serious Crime Act 2007. That is “any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of those functions as its purpose or one of its purposes”. The Order specifies CIFAS as an anti-fraud organisation for the purposes of section 40(3)(a).
(1)
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