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Terrorism Prevention and Investigation Measures Act 2011

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This sectionnoteType=Explanatory Notes has no associated

5(1)The Secretary of State may impose restrictions on the individual's use of, or access to, such descriptions of financial services as are specified.E+W+S+N.I.

(2)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to hold any accounts, without the permission of the Secretary of State, other than the nominated account (see sub-paragraph (3));

(b)a requirement to close, or to cease to have an interest in, accounts;

(c)a requirement to comply with specified conditions in relation to the holding of any account (including the nominated account) or any other use of financial services;

(d)a requirement not to possess, or otherwise control, cash over a total specified value without the permission of the Secretary of State.

(3)The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if—

(a)the individual gives notice to the Secretary of State of the holding of the nominated account, and

(b)the account is held with a bank.

(4)In sub-paragraph (3) “bank” means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act).

(5)The reference in sub-paragraph (2)(d) to possessing or otherwise controlling cash does not include any cash that is held in an account with a person providing financial services (in accordance with any requirements imposed under this paragraph).

(6)In sub-paragraph (2)(d) “cash” means—

(a)coins and notes in any currency,

(b)postal orders,

(c)cheques of any kind, including travellers' cheques,

(d)bankers' drafts,

(e)bearer bonds and bearer shares, and

(f)such other kinds of monetary instrument as may be specified.

(7)A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services—

(a)that is in the individual's name or is held for the individual's benefit (whether held solely in the individual's name or jointly with one or more other persons); or

(b)in respect of which the individual has power of attorney or can otherwise exercise control.

(8)In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—

(a)accepting deposits and other repayable funds;

(b)lending (including consumer credit and mortgage credit);

(c)payment and money transmission services (including credit, charge and debit cards).

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