Search Legislation

Crime (International Co-operation) Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Requests for information about banking transactions for use in UK

 Help about opening options

Alternative versions:

Changes to legislation:

Crime (International Co-operation) Act 2003, Cross Heading: Requests for information about banking transactions for use in UK is up to date with all changes known to be in force on or before 16 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Requests for information about banking transactions for use in UKU.K.

43Information about a person’s bank accountU.K.

(1)If it appears to a judicial authority in the United Kingdom, on an application made by a prosecuting authority, that—

(a)a person is subject to an investigation in the United Kingdom into serious criminal conduct,

(b)the person holds, or may hold, an account at a bank which is situated in a participating country, and

(c)the information which the applicant seeks to obtain is likely to be of substantial value for the purposes of the investigation,

the judicial authority may request assistance under this section.

(2)The judicial authorities are—

(a)in relation to England and Wales, any judge or justice of the peace,

(b)in relation to Scotland, any sheriff,

(c)in relation to Northern Ireland, any judge or resident magistrate.

(3)If it appears to a prosecuting authority mentioned in subsection (4) that paragraphs (a) to (c) of subsection (1) are met, the authority may itself request assistance under this section.

(4)The prosecuting authorities are—

(a)in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,

(b)in relation to Scotland, the Lord Advocate or a procurator fiscal.

(5)The assistance that may be requested under this section is any assistance in obtaining from a participating country one or more of the following—

(a)information as to whether the person in question holds any accounts at any banks situated in the participating country,

(b)details of any such accounts,

(c)details of transactions carried out in any period specified in the request in respect of any such accounts.

(6)A request for assistance under this section must—

(a)state the grounds on which the authority making the request thinks that the person in question may hold any account at a bank which is situated in a participating country and (if possible) specify the bank or banks in question,

(b)state the grounds on which the authority making the request considers that the information sought to be obtained is likely to be of substantial value for the purposes of the investigation, and

(c)include any information which may facilitate compliance with the request.

(7)For the purposes of this section, a person holds an account if—

(a)the account is in his name or is held for his benefit, or

(b)he has a power of attorney in respect of the account.

In relation to Scotland, a power of attorney includes a factory and commission.

Commencement Information

I1S. 43 in force at 1.11.2006 by S.I. 2006/2811, art. 3

44Monitoring banking transactionsU.K.

(1)If it appears to a judicial authority in the United Kingdom, on an application made by a prosecuting authority, that the information which the applicant seeks to obtain is relevant to an investigation in the United Kingdom into criminal conduct, the judicial authority may request assistance under this section.

(2)The judicial authorities are—

(a)in relation to England and Wales, any judge or justice of the peace,

(b)in relation to Scotland, any sheriff,

(c)in relation to Northern Ireland, any judge or resident magistrate.

(3)If it appears to a prosecuting authority mentioned in subsection (4) that the information which it seeks to obtain is relevant to an investigation into criminal conduct, the authority may itself request assistance under this section.

(4)The prosecuting authorities are—

(a)in relation to England and Wales and Northern Ireland, a prosecuting authority designated by an order made by the Secretary of State,

(b)in relation to Scotland, the Lord Advocate or a procurator fiscal.

(5)The assistance that may be requested under this section is any assistance in obtaining from a participating country details of transactions to be carried out in any period specified in the request in respect of any accounts at banks situated in that country.

Commencement Information

I2S. 44 in force at 1.11.2006 by S.I. 2006/2811, art. 3

45Sending requests for assistanceU.K.

(1)A request for assistance under section 43 or 44, other than one to which subsection (3) or (4) applies, is to be sent to the Secretary of State for forwarding—

(a)to a court specified in the request and exercising jurisdiction in the place where the information is to be obtained, or

(b)to any authority recognised by the participating country in question as the appropriate authority for receiving requests for assistance of the kind to which this section applies.

(2)But in cases of urgency the request may be sent to a court referred to in subsection (1)(a).

(3)Such a request for assistance by the Lord Advocate is to be sent to a court or authority mentioned in subsection (1)(a) or (b).

(4)Such a request for assistance by a sheriff or a procurator fiscal is to be sent to such a court or authority, or to the Lord Advocate for forwarding to such a court or authority.

Commencement Information

I3S. 45 in force at 1.11.2006 by S.I. 2006/2811, art. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources