Section 21CC Section 21CA: effect on disclosures under section 21A

United Kingdom

(1)

F1F2This section applies if in any proceedings a question arises as to whether the required disclosure has been made—

(a)

by a person (A) who discloses information under section 21CA(1) as a result of a disclosure request,

(b)

by a person (B) who makes a required notification in accordance with section 21CB (5)(b), or

(c)

by any other person (C) to whom A discloses information under section 21CA(1) as a result of that request.

(2)

The making of a required notification in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of A, B and C.

This is subject to section 21CD (1) to (8).

(3)

The making of a joint disclosure report in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of the persons who jointly make the report.

This is subject to section 21CD (10).

(4)

A joint disclosure report is a report to a constable that—

(a)

is made jointly by A and B (whether or not also jointly with other persons to whom A discloses information under section 21CA(1)),

(b)

satisfies the requirements as to content mentioned in subsection (5) or (as the case may be) subsection (6),

(c)

is prepared after the making of a disclosure by A to B under section 21CA(1) in connection with—

(i)

a suspicion of a person’s involvement in the commission of a terrorist financing offence, or

(ii)

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

(d)

is sent to the constable before the end of the applicable period.

(5)

In the case of a joint disclosure report prepared in connection with a suspicion of a person’s involvement in the commission of a terrorist financing offence, the requirements as to content are that the report must—

(a)

explain the extent to which there are continuing grounds to suspect that the person is involved in the commission of the offence,

(b)

identify the person (if known),

(c)

set out the grounds for the suspicion, and

(d)

provide any other information relevant to the matter.

(6)

In the case of a joint disclosure report prepared in connection with the identification of terrorist property or of its movement or use, the requirements as to content are that the report must—

(a)

explain the extent to which there are continuing grounds to suspect that the property is terrorist property,

(b)

identify the property and the person who holds it (if known),

(c)

provide details of its movement or use (if known), and

(d)

provide any other information relevant to the matter.

(7)

The applicable period is—

(a)

in a case where the disclosure under section 21CA was made as a result of a request from a constable by virtue of subsection (3)(a) of that section, whatever period may be specified by the constable when making the request;

(b)

in a case where the disclosure was made as a result of a request from another person by virtue of subsection (3)(b) of that section, the period of 28 days beginning with the day on which the notification is made for the purposes of condition 3 in section 21CA (4).

(8)

A constable may vary the period of 28 days (whether by lengthening or shortening it) by giving written notice to the person who made the required notification.

(9)

A joint disclosure report must be—

(a)

approved by the nominated officer of each person that jointly makes the report, and

(b)

signed by the nominated officer on behalf of each such person.

If there is no nominated officer the report must be approved and signed by another senior officer.

(10)

References in this section to A, B or C include—

(a)

a nominated officer acting on behalf of A, B or C, and

(b)

any other person who is an employee, officer or partner of A, B or C.

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)