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Part 1U.K.Mutual assistance in criminal matters

Chapter 4U.K.Information about banking transactions

GeneralU.K.

46Interpretation of Chapter 4U.K.

(1)In this Chapter—

(2)The following provisions apply for the purposes of this Chapter.

(3)Serious criminal conduct means conduct which constitutes—

(a)an offence to which paragraph 3 of Article 1 (request for information on bank accounts) of the 2001 Protocol applies, or

(b)an offence specified in an order made by the Secretary of State or, in relation to Scotland, the Scottish Ministers for the purpose of giving effect to any decision of the Council of the European Union under paragraph 6 of that Article.

(4)A financial institution—

(a)means a person who is carrying on business in the regulated sector, and

(b)in relation to a customer information order or an account monitoring order, includes a person who was carrying on business in the regulated sector at a time which is the time to which any requirement for him to provide information under the order is to relate.

Business in the regulated sector” is to be interpreted in accordance with Schedule 9 to the Proceeds of Crime Act 2002 (c. 29).

(5)A judge means—

(a)in relation to England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court,

(b)in relation to Northern Ireland, a Crown Court judge.

Commencement Information

I1S. 46 in force at 1.11.2006 by S.I. 2006/2811, art. 3