OpenLegislation

Section 337 Protected disclosuresC1I1

United Kingdom

(1)

A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the disclosure of information (however imposed).

(2)

The first condition is that the information or other matter disclosed came to the person making the disclosure (the discloser) in the course of his trade, profession, business or employment.

(3)

The second condition is that the information or other matter—

(a)

causes the discloser to know or suspect, or

(b)

gives him reasonable grounds for knowing or suspecting,

that another person is engaged in money laundering.

(4)

The third condition is that the disclosure is made to a constable, a customs officer or a nominated officer as soon as is practicable after the information or other matter comes to the discloser.

F1(4A)

Where a disclosure consists of a disclosure protected under subsection (1) and a disclosure of either or both of—

(a)

the identity of the other person mentioned in subsection (3), and

(b)

the whereabouts of property forming the subject-matter of the money laundering that the discloser knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in,

the disclosure of the thing mentioned in paragraph (a) or (b) (as well as the disclosure protected under subsection (1)) is not to be taken to breach any restriction on the disclosure of information (however imposed).

(5)

A disclosure to a nominated officer is a disclosure which—

(a)

is made to a person nominated by the discloser’s employer to receive disclosures underF2section 330 or this section, and

(b)

is made in the course of the discloser’s employment F3....

Annotations

Textual amendments

F1

S. 337(4A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 104(7), 178(8); S.I. 2005/1521, art. 3(1)(c)

F2

Words in s. 337(5)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 106(3), 178(8); S.I. 2005/1521, art. 3(1)(c)

F3

Words in s. 337(5)(b) repealed (1.7.2005) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 105(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(c)(ee)

Modifications

C1

Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3

Commencement

I1

S. 337 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)