OpenLegislation

Rule 47.15 Content of application for a customer information order under the Terrorism Act 2000 or the National Security Act 2023I1

England and Wales As made

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make a customer information order must—

(a)

specify the person in respect of whom customer information is sought;

(b)

explain, as applicable—

(i)

why the order is desirable for the purposes of a terrorist investigation to trace terrorist property within the meaning of the Terrorism Act 2000, or

(ii)

why the order is sought for the purposes of an investigation into foreign power threat activity within the meaning of the National Security Act 2023;

(c)

explain how the order will enhance the effectiveness of the investigation; and

(d)

propose the terms of the order.

[Note. See Schedule 6 to the Terrorism Act 2000 and Schedule 4 to the National Security Act 2023. The applicant for a customer information order must be—

(a)

under the 2000 Act, a police officer of at least the rank of superintendent;

(b)

under the 2023 Act, a police officer of at least the rank of superintendent, a constable authorised by an officer of at least the rank of superintendent, the Director General of the National Crime Agency, or an officer of that Agency authorised by or on behalf of the Director General.

‘Customer information’ is defined by paragraph 7 of Schedule 6 to the 2000 Act and paragraph 8 of Schedule 4 to the 2023 Act, each incorporating section 364 of the Proceeds of Crime Act 2002f1. In summary, such information is whether the individual or corporation named in the order holds or has held an account at the respondent financial institution and, if so, the details listed in section 364 of the 2002 Act.

‘Terrorist property’ is defined by section 14 of the 2000 Act.]

Annotations

Commencement

I1

Rule 47.15 in force at 6.10.2025, see Preamble

Footnotes

f1

2002 c. 29; section 364 was amended by section 107 of the Serious Organised Crime and Police Act 2005 (c. 15) and S.I. 2009/1941.

Notes on Part 47

Textual amendments

F1

Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)