SCHEDULES
SCHEDULE 6 Financial Information
Orders
1
1
Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution F1to which the order appliesto provide customer information for the purposes of the investigation.
F21A
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 may specify, and
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.
Procedure
2
An order under paragraph 1 may be made only on the application of—
a
in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or
b
in Scotland, the procurator fiscal.
3
An order under paragraph 1 may be made only by—
a
in England and Wales, a Circuit judge F3or a District Judge (Magistrates' Courts) ,
b
in Scotland, the sheriff, or
c
in Northern Ireland, a F4Crown Court judge.
4
1
F5Criminal Procedure Rules may make provision about the procedure for an application under paragraph 1.
2
The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
F63
Crown Court Rules may make provision about the procedure for an application under paragraph 1.
Criteria for making order
5
An order under paragraph 1 may be made only if the person making it is satisfied that—
a
the order is sought for the purposes of a terrorist investigation,
b
the tracing of terrorist property is desirable for the purposes of the investigation, and
c
the order will enhance the effectiveness of the investigation.
Financial institution
I16
1
In this Schedule “financial institution” means—
F7a
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits,
F8b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F9d
a person carrying on a relevant regulated activity,
e
the National Savings Bank,
f
a person who carries out an activity for the purposes of raising money authorised to be raised under the M3National Loans Act 1968 under the auspices of the Director of National Savings,
g
a European institution carrying on a home regulated activity (within the meaning of F10Directive 2006/48/ EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutionsF15 as last amended by Directive 2009/111/ EC),
h
F17ha
an electronic money institution within the meaning of Directive 2009/110/ EC of the European Parliament and of the Council of 16th September 2009 relating to the taking up, pursuit and prudential supervision of the business of electronic money institutions, and
i
a person who carries on an insurance business in accordance with an authorisation pursuant to F12Article 4 or 51 of Directive 2002/83/ EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance .
F131A
For the purposes of sub-paragraph (1)(d), a relevant regulated activity means—
a
dealing in investments as principal or as agent,
b
arranging deals in investments,
F14ba
operating a multilateral trading facility,
c
managing investments,
d
safeguarding and administering investments,
e
sending dematerialised instructions,
f
establishing etc. collective investment schemes,
g
advising on investments.
1B
Sub-paragraphs (1)(a) and (1A) must be read with—
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
2
The Secretary of State may by order provide for a class of person—
a
to be a financial institution for the purposes of this Schedule, or
b
to cease to be a financial institution for the purposes of this Schedule.
3
An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
Customer information
I27
1
In this Schedule “customer information” means (subject to sub-paragraph (3))—
a
information whether a business relationship exists or existed between a financial institution and a particular person (“a customer”),
b
a customer’s account number,
c
a customer’s full name,
d
a customer’s date of birth,
e
a customer’s address or former address,
f
the date on which a business relationship between a financial institution and a customer begins or ends,
g
any evidence of a customer’s identity obtained by a financial institution in pursuance of or for the purposes of any legislation relating to money laundering, and
h
the identity of a person sharing an account with a customer.
2
For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)—
a
there is an arrangement between them designed to facilitate the carrying out of frequent or regular transactions between them, and
b
the total amount of payments to be made in the course of the arrangement is neither known nor capable of being ascertained when the arrangement is made.
3
The Secretary of State may by order provide for a class of information—
a
to be customer information for the purposes of this Schedule, or
b
to cease to be customer information for the purposes of this Schedule.
Offence by body corporate, &c.
8
1
This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence—
a
was committed with the consent or connivance of an officer of the institution, or
b
was attributable to neglect on the part of an officer of the institution.
2
The officer, as well as the institution, shall be guilty of the offence.
3
Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to—
a
imprisonment for a term not exceeding six months,
b
a fine not exceeding level 5 on the standard scale, or
c
both.
4
In the case of an institution which is a body corporate, in this paragraph “officer” includes—
a
a director, manager or secretary,
b
a person purporting to act as a director, manager or secretary, and
c
if the affairs of the body are managed by its members, a member.
5
In the case of an institution which is a partnership, in this paragraph “officer” means a partner.
6
In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph “officer” means a person concerned in the management or control of the association.
Self-incrimination
9
1
Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.
2
Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8).