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Part 7E+W+S+N.I.Money Laundering

Annotations:

Modifications etc. (not altering text)

ConsentE+W+S+N.I.

335 Appropriate consentE+W+S+N.I.

(1)The apropriate consent is—

(a)the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;

(b)the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;

(c)the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.

(2)A person must be treated as having the appropriate consent if—

(a)he makes an authorised disclosure to a constable or a customs officer, and

(b)the condition in subsection (3) or the condition in subsection (4) is satisfied.

(3)The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.

(4)The condition is that—

(a)before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and

(b)the moratorium period has expired.

(5)The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.

(6)The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.

(7)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.

(8)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

(9)A nominated officer is a person nominated to receive disclosures under section 338.

(10)Subsections (1) to (4) apply for the purposes of this Part.

Annotations:

Commencement Information

I1S. 335 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

336 Nominated officer: consentE+W+S+N.I.

(1)A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied.

(2)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F1the [F2Director General of the National Crime Agency]], and

(b)such a person gives consent to the doing of the act.

(3)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F3the [F4Director General of the National Crime Agency]], and

(b)before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused.

(4)The condition is that—

(a)he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by [F5the [F6Director General of the National Crime Agency]],

(b)before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and

(c)the moratorium period has expired.

(5)A person who is a nominated officer commits an offence if—

(a)he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and

(b)he knows or suspects that the act is a prohibited act.

(6)A person guilty of such an offence is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(7)The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure.

(8)The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused.

(9)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent.

(10)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

(11)A nominated officer is a person nominated to receive disclosures under section 338.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I2S. 336 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)