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Section 21CA Voluntary disclosures within the regulated sectorF1F2

United Kingdom

(1)

A person (A) may disclose information to one or more other persons if—

(a)

conditions 1 to 4 are met, and

(b)

where applicable, condition 5 is also met.

(2)

Condition 1 is that—

(a)

A is carrying on a business in the regulated sector as a relevant undertaking,

(b)

the information on which the disclosure is based came to A in the course of carrying on that business, and

(c)

the person to whom the information is to be disclosed (or each of them, where the disclosure is to more than one person) is also carrying on a business in the regulated sector as a relevant undertaking (whether or not of the same kind as A).

(3)

Condition 2 is that—

(a)

a constable has requested A to make the disclosure, or

(b)

the person to whom the information is to be disclosed (or at least one of them, where the disclosure is to more than one person) has requested A to do so.

(4)

Condition 3 is that, before A makes the disclosure, the required notification has been made to a constable (see section 21CB(5) to (7)).

(5)

Condition 4 is that A is satisfied that the disclosure of the information will or may assist in determining any matter in connection with—

(a)

a suspicion that a person is involved in the commission of a terrorist financing offence, or

(b)

the identification of terrorist property or of its movement or use.

(6)

Condition 5 is that, before making the disclosure request, the person making the request (or at least one of them, where the request is made by more than one person) has notified a constable that the request is to be made.

(7)

Condition 5 does not apply where the disclosure request concerned is made by a constable.

(8)

A person may disclose information to A for the purposes of making a disclosure request if, and to the extent that, the person has reason to believe that A has in A’s possession information that will or may assist in determining any matter of the kind mentioned in paragraph (a) or (b) of subsection (5).

Annotations

Textual amendments

F1

Ss. 21C-21H inserted (26.12.2007) by The Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 2, Sch. 1 para. 5

F2

Ss. 21CA-21CF inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 36, 58(1)(6); S.I. 2017/991, reg. 2(f); S.I. 2017/1028, reg. 2(b)