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Paragraph 1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where an order has been made under this paragraph in relation to a terrorist investigation, a constable F1or counter-terrorism financial investigator named in the order may require a financial institution F2to which the order appliesto provide customer information for the purposes of the investigation.

F3(1A)

The order may provide that it applies to—

(a)

all financial institutions,

(b)

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

(c)

a particular financial institution or particular financial institutions.

(2)

The information shall be provided—

(a)

in such manner and within such time as the constable F4or counter-terrorism financial investigator may specify, and

C1C2C3C4C5C6(b)

notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(3)

An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.

(4)

It is a defence for an institution charged with an offence under sub-paragraph (3) to prove—

(a)

that the information required was not in the institution’s possession, or

(b)

that it was not reasonably practicable for the institution to comply with the requirement.

(5)

An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 1(1) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(4)(a), 58(4)(6)

F2

Words in Sch. 6 para. 1(1) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 4 para. 6(2); S.I. 2001/4019, art. 2(1)(c)

F3

Sch. 6 para. 1(1A) inserted (20.12.2001) by 2001 c. 24, s. 3, Sch. 2 Pt. 4 para. 6(3); S.I. 2001/4019, art. 2(1)(c)

F4

Words in Sch. 6 para. 1(2)(a) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(4)(b), 58(4)(6)

Modifications

C1

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 22(4) (with art. 22(1))

C2

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 34(4) (with art. 34(1))

C3

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 10(4) (with art. 10(1))

C4

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 21(4) (with art. 21(1))

C5

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 33(4) (with art. 33(1))

C6

Sch. 6 para. 1(2)(b) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 9(4) (with art. 9(1))