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Section 21CB Section 21CA: disclosure requests and notificationsF1F2

United Kingdom

(1)

A disclosure request must—

(a)

state that it is made in connection with—

(i)

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

(ii)

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

(b)

identify the person or property (so far as known),

(c)

describe the information that is sought from A, and

(d)

specify the person or persons to whom it is requested that the information is disclosed.

(2)

Subsections (3) and (4) apply where the disclosure request is made by a person mentioned in section 21CA(3)(b).

(3)

If the request states that it is made in connection with a suspicion that a person is involved in the commission of a terrorist financing offence, the request must also—

(a)

set out the grounds for the suspicion, or

(b)

provide such other information as the person making the request thinks appropriate for the purposes of enabling A to determine whether the information requested ought to be disclosed under section 21CA.

(4)

If the request states that it is made in connection with the identification of terrorist property or of its movement or use, the request must also provide such other information as the person making the request thinks appropriate for the purposes of enabling A to determine whether the information requested ought to be disclosed under section 21CA.

(5)

A required notification for the purposes of section 21CA(4) must be made—

(a)

in the case of a disclosure request made by a constable, by the person who is to disclose information under section 21CA as a result of the request;

(b)

in the case of a disclosure request made by a person mentioned in section 21CA(3)(b), by the person who made the request.

(6)

In a case within subsection (5)(a), the required notification must state that information is to be disclosed under section 21CA.

(7)

In a case within subsection (5)(b), the required notification must—

(a)

state that a disclosure request has been made;

(b)

specify the person to whom the request was made;

(c)

where the disclosure request to which the notification relates is made in connection with a suspicion of a person’s involvement in the commission of a terrorist financing offence, identify the person (so far as known);

(d)

where the disclosure request to which the notification relates is made in connection with the identification of terrorist property or of its movement or use, identify the property and the person who holds it (if known).

(8)

A notification for the purposes of condition 5 in subsection (6) of section 21CA must—

(a)

state that a disclosure request is to be made;

(b)

specify the person to whom it is to be made;

(c)

describe the information to be sought in the request;

(d)

explain why the request is being made.

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)