PART 11Miscellaneous Provisions

Obligations on public authorities103

1

The following bodies and persons must, if they know or suspect or have reasonable grounds for knowing or suspecting that a person is or has engaged in money laundering or terrorist financing, as soon as practicable, inform the NCA—

a

the Auditor General for Scotland;

b

the Auditor General for Wales;

c

the Bank of England;

d

the Comptroller and Auditor General;

e

the Comptroller and Auditor General for Northern Ireland;

f

the FCA;

g

the Gambling Commission;

h

the Official Solicitor to the Supreme Court;

i

the Pensions Regulator;

j

the PRA;

k

the Public Trustee;

l

the Secretary of State, in the exercise of his or her functions under enactments relating to companies and insolvency;

m

the Treasury, in the exercise of their functions under FSMA;

n

the Treasury Solicitor;

o

a designated professional body for the purposes of Part 20 of FSMA (provision of financial services by members of the professions);

p

a person or inspector appointed under section 65 (investigations on behalf of FCA) or 66 (inspections and special meetings) of the Friendly Societies Act 1992 M1;

q

an inspector appointed under section 106 of the Co-operative and Community Benefit Societies 2014 M2 (appointment of inspectors) or section 18 of the Credit Unions Act 1979 M3 (power to appoint inspector);

r

an inspector appointed under section 431 (investigation of a company on its own application), 432 (other company investigations), 442 (power to investigate company ownership) or 446D (appointment of replacement inspectors) of the Companies Act 1985 M4;

s

a person or inspector appointed under section 55 (investigations on behalf of FCA) or 56 (inspections and special meetings) of the Building Societies Act 1986 M5;

t

a person appointed under section 167 (appointment of persons to carry out investigations), 168(3) or (5) (appointment of persons to carry out investigations in particular cases), 169(1)(b) (investigations to support overseas regulator) or 284 (power to investigate affairs of a scheme) of FSMA M6, or under regulations made under section 262(2)(k) (open-ended investment companies) of that Act M7, to conduct an investigation; and

u

a person authorised to require the production of documents under section 447 (Secretary of State's power to require production of documents) of the Companies Act 1985 M8, or section 84 of the Companies Act 1989 M9 (exercise of powers by officer).

2

A disclosure made under paragraph (1) is not to be taken to breach any restriction, however imposed, on the disclosure of information.

3

Where a disclosure under paragraph (1) is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by whom, or on whose behalf, it is made.