The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002

Article 17

SCHEDULE 4 ACCOUNT MONITORING ORDERS

Interpretation

1.—(1) In this Schedule, “financial institution” means—

(a) a person who carries on a business of taking deposits for which he is authorised under a law of the Territory relating to banking,

(b) a building society authorised to operate as such under any law of the Territory in that behalf,

(c) a credit union authorised to operate as such under any law of the Territory in that behalf,

(d) a person who carries on an investment business for which he is authorised under any law of the Territory relating to the conduct of such businesses,

(e) a Savings Bank or a Development Bank established by or under any law of the Territory, and

(f) a person who carries on an insurance or reinsurance business under any law of the Territory relating to the conduct of such businesses.

(2) The Governor may by order provide for a class of person—

(a) to be a financial institution for the purposes of this Schedule, or

(b) to cease to be a financial institution for the purposes of this Schedule.

(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under this Schedule to provide information which relates to a time when the institution was a financial institution.

(4) In this Schedule “the court” means the Supreme Court and “judge” means a judge of that Court.

Account monitoring orders

2.—(1) A judge may, on application made to him by a constable, make an account monitoring order if he is satisfied that—

(a) the order is sought for the purposes of a terrorist investigation,

(b) the tracing of terrorist property is desirable for the purposes of the investigation,

• and

  (c)

  the order will enhance the effectiveness of the investigation.

(2) The application for an account monitoring order must state that the order is sought against the financial institution specified in the application in relation to information which—

(a) relates to an account or accounts held at the institution by the person specified in the application (whether solely or jointly with another), and

(b) is of the description so specified.

(3) The application for an account monitoring order may specify information relating to—

(a) all accounts held by the person specified in the application for the order at the financial institution so specified,

(b) a particular description, or particular descriptions, of accounts so held, or

(c) a particular account, or particular accounts, so held.

(4) An account monitoring order is an order that the financial institution specified in the application for the order must—

(a) for the period specified in the order,

(b) in the manner so specified,

(c) at or by the time or times so specified, and

(d) at the place or places so specified,

provide information of the description specified in the application to a constable.

(5) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Applications

3.—(1) An application for an account monitoring order may be made ex parte to a judge in Chambers.

(2) The description of information specified in an application for an account monitoring order may be varied by the constable who made the application or by any other constable.

Discharge or variation

4.—(1) An application to discharge or vary an account monitoring order may be made to the court by—

(a) the constable who applied for the order or any other constable;

(b) any person affected by the order.

(2) The court—

(a) may discharge the order;

(b) may vary the order.

Rules of court

5.  Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders.

Effect of orders

6.—(1) An account monitoring order has effect as if it were an order of the court.

(2) An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

Statements

7.—(1) A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

(2) But sub-paragraph (1) does not apply—

(a) in the case of proceedings for contempt of court;

(b) in the case of proceedings under article 15 where the financial institution has been convicted of an offence under any of articles 6 to 9;

(c) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used by virtue of sub-paragraph (2)(c) against a financial institution unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.