The Prevention of Terrorism (Temporary Provisions) Act 1989 (Crown Servants and Regulators etc.) Regulations 1994

Statutory Instruments

1994 No. 1758

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Prevention of Terrorism (Temporary Provisions) Act 1989 (Crown Servants and Regulators etc.) Regulations 1994

Made

1st July 1994

Laid before Parliament

8th July 1994

Coming into force

1st August 1994

In exercise of the powers conferred on me by section 19A(1) to (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989(1), I hereby make the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Crown Servants and Regulators etc.) Regulations 1994 and shall come into force on 1st August 1994.

Interpretation

2.  In these Regulations—

“the 1989 Act” means the Prevention of Terrorism (Temporary Provisions) Act 1989; and

“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993(2).

Application of the Act to Director of Savings and staff

3.  Sections 9 to 11, 17 and 18A of the 1989 Act(3)shall apply to the following persons, namely—

(a) the Director of Savings; and

(b) any person employed by or otherwise engaged in the service of the Director of Savings,

in circumstances where the said Director or any such person is carrying on relevant financial business.

Designation of persons performing regulatory etc. functions

4.—(1) Section 18A of the 1989 Act shall not apply to the following persons, being hereby designated for the purposes of section 19A(2)(a) of that Act—

(a) the Bank of England;

(b) the Building Societies Commission;

(c) a designated agency within the meaning of the Financial Services Act 1986(4);

(d) a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;

(e) a recognised professional body within the meaning of the Financial Services Act 1986;

(f) a transferee body within the meaning of the Financial Services Act 1986;

(g) a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;

(h) the Council of Lloyds;

(i) the Friendly Societies Commission;

(j) the Chief Registrar of Friendly Societies;

(k) the Assistant Registrar of Friendly Societies for Scotland;

(l) the Central Office of the Registry of Friendly Societies;

(m) the Registrar of Credit Unions for Northern Ireland;

(n) the Assistant Registrar of Credit Unions for Northern Ireland.

(2) The following category of persons is hereby prescribed for the purposes ofsection 19A(2)(b) of the 1989 Act, namely, persons who are (for the purpose of performing regulatory, supervisory, investigative or registration functions) employed by or otherwise engaged in the service of any person designated under paragraph 1 of this regulation.

(3) Section 18A of the 1989 Act shall not apply in any circumstances to any person who falls within a category of person prescribed for the purposes of section 19A(2) of that Act.

Michael Howard

One of Her Majestys Principal Secretaries of State

Home Office

1st July 1994

Explanatory Note

(This nte is not part of the Regulations)

The Criminal Justice Act 1993 contains certain money laundering provisions. These provisions include amendments to the Prevention of Terrorism (Temporary Provisions) Act 1989. These Regulations apply sections 9 to 11, 17 and 18A of the Prevention of Terrorism (Temporary Provisions) Act 1989 to the Director of Savings and his staff.

These Regulations also designate various persons to whom section 18A of the Prevention of Terrorism (Temporary Provisions) Act 1989 is not to apply.

(1)

1989 c. 4; section 19A was inserted by section 77 of, and Schedule 4 to, the Criminal Justice Act 1993 (c. 36).

(2)

S.I. 1993/1933.

(3)

Section 18A was inserted by section 51 of the Criminal Justice Act 1993.

(4)

1986 c. 60.