Section 21CD Limitations on application of section 21CC(2) and (3)

United Kingdom

(1)

F1F2Subsections (2) and (3) apply in a case where the required notification is made by A (notification made as a result of disclosure request received from a constable).

(2)

Section 21CC (2) has effect in the case of A, B or C only so far as relating to—

(a)

the suspicion in connection with which the required notification is made, and

(b)

matters known, suspected or believed as a result of the making of the disclosure request concerned.

(3)

Accordingly, section 21CC (2) does not remove any requirement to make the required disclosure in relation to anything known, suspected or believed that does not result only from the making of the disclosure request.

(4)

Subsections (5) to (8) apply in a case where the required notification is made by B (notification made as a result of disclosure request received from another undertaking in the regulated sector).

(5)

Section 21CC (2) has effect in the case of A or C only so far as relating to—

(a)

the suspicion in connection with which the notification by B is made, and

(b)

matters known, suspected or believed by A or C as a result of the making of that notification.

(6)

(7)

Section 21CC (2) has effect in the case of B only so far as relating to—

(a)

the suspicion in connection with which the notification is made, and

(b)

matters known, suspected or believed by B at the time of the making of the notification.

(8)

If a joint disclosure report is not made before the end of the applicable period (whether the required notification was made by A or B), section 21CC (2)—

(a)

has effect only so far as relating to any requirement to make the required disclosure that would have otherwise arisen within that period, and

(b)

does not remove a requirement to make the required disclosure so far as arising after the end of that period on the part of any person in respect of matters that may become known, suspected or believed by the person after the time when the required notification was made.

(9)

If a joint disclosure report is not made before the end of the applicable period, the person who made the required notification must notify a constable that a report is not being made as soon as reasonably practicable after the period ends.

(10)

Section 21CC (3) has effect only so far as relating to—

(a)

the suspicion in connection with which the report is made, and

(b)

matters known, suspected or believed at the time of the making of the report.

(11)

Terms used in this section have the same meanings as in section 21CC.

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)