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Article 22 Customer information ordersI1

England, Wales and Northern Ireland

(1)

A High Court judge may, on an application made to them by an appropriate officer, make a customer information order if the judge is satisfied that each of the requirements for the making of the order is fulfilled.

F1(2)

The application for a customer information order must state that—

(a)

a person specified in the application is subject to an external investigation; and

(b)

the condition in article 3(2) is met in respect of the person.

(3)

The application must also state that—

(a)

the order is sought for the purposes of the external investigation,

(b)

the order is sought against the financial institution or financial institutions specified in the application.

(4)

An application for a customer information order may specify—

(a)

all financial institutions,

(b)

a particular description, or particular descriptions, of financial institutions, or

(c)

a particular financial institution or particular financial institutions.

(5)

A customer information order is an order that a financial institution covered by the application for the order must, on being required to do so by notice in writing given by an appropriate officer, provide any such customer information as it has relating to the person specified in the application.

(6)

A financial institution which is required to provide information under a customer information order must provide the information to an appropriate officer in such manner, and at or by such time, as an appropriate officer requires.

(7)

If a financial institution on which a requirement is imposed by a notice given under a customer information order requires the production of evidence of authority to give the notice, it is not bound to comply with the requirement unless evidence of the authority has been produced to it.

Annotations

Textual amendments

F1

Art. 22(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 10

Commencement

I1

Art. 22 in force at 11.11.2013, see art. 1(1)