Criminal Justice Act 1993

1993 CHAPTER 36

An Act to make provision about the jurisdiction of courts in England and Wales in relation to certain offences of dishonesty and blackmail; to amend the law about drug trafficking offences and to implement provisions of the Community Council Directive No. 91/308/EEC; to amend Part VI of the Criminal Justice Act 1988; to make provision with respect to the financing of terrorism, the proceeds of terrorist-related activities and the investigation of terrorist activities; to amend Part I of the Criminal Justice Act 1991; to implement provisions of the Community Council Directive No. 89/592/EEC and to amend and restate the law about insider dealing in securities; to provide for certain offences created by the Banking Coordination (Second Council Directive) Regulations 1992 to be punishable in the same way as offences under sections 39, 40 and 41 of the Banking Act 1987 and to enable regulations implementing Article 15 of the Community Council Directive No. 89/646/EEC and Articles 3, 6 and 7 of the Community Council Directive No. 92/30/EEC to create offences punishable in that way; to make provision with respect to the penalty for causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs; to make it an offence to assist in or induce certain conduct which for the purposes of, or in connection with, the provisions of Community law is unlawful in another member State; to provide for the introduction of safeguards in connection with the return of persons under backing of warrants arrangements; to amend the Criminal Procedure (Scotland) Act 1975 and Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and for connected purposes.

[27th July 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 Act extends to England and Wales only, but for exceptions see s. 79(2)-(9)

Modifications etc. (not altering text)

C1 Act transitional provisions for effects of S.I. 2002/3150 (N.I. 4) (5.9.2003) by The Company Directors Disqualification (2002 Order) (Transitional Provisions) Order (Northern Ireland) 2003 (S.R. 2003/346), arts. 3-6

PART I E+W JURISDICTION

1 Offences to which this Part applies. E+W

(1) This Part applies to two groups of offences—

(a) any offence mentioned in subsection (2) (a “Group A offence”); and

(b) any offence mentioned in subsection (3) (a “Group B offence”).

(2) The Group A offences are—

(a) an offence under any of the following provisions of the M1 Theft Act 1968—

• section 1 (theft);

• F1 ...

• F1 ...

• F1 ...

• section 17 (false accounting);

• section 19 (false statements by company directors, etc.);

• F1 ...

• section 21 (blackmail);

• section 22 (handling stolen goods);

• [F2 section 24A (retaining credits from dishonest sources, etc.]

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (bb) an offence under any of the following provisions of the Fraud Act 2006—

(i) section 1 (fraud);

(ii) section 6 (possession etc. of articles for use in frauds);

(iii) section 7 (making or supplying articles for use in frauds);

(iv) section 9 (participating in fraudulent business carried on by sole trader etc.);

(v) section 11 (obtaining services dishonestly).]

(c) an offence under any of the following provisions of the M2 Forgery and Counterfeiting Act 1981—

• section 1 (forgery);

• section 2 (copying a false instrument);

• section 3 (using a false instrument);

• section 4 (using a copy of a false instrument);

• section 5 (offences which relate to money orders, share certificates, passports, etc.);

• [F5 section 14 (offences of counterfeiting notes and coins);

• F5 section 15 (offences of passing etc counterfeit notes and coins);

• F5 section 16 (offences involving the custody or control of counterfeit notes and coins);

• F5 section 17 (offences involving the making or custody or control of counterfeiting materials and implements);

• F5 section 20 (prohibition of importation of counterfeit notes and coins);

• F5 section 21 (prohibition of exportation of counterfeit notes and coins);]

[F6 (ca) an offence under section 25 of the Identity Cards Act 2006;]

(d) the common law offence of cheating in relation to the public revenue.

(3) The Group B offences are—

(a) conspiracy to commit a Group A offence;

(b) conspiracy to defraud;

(c) attempting to commit a Group A offence;

(d) incitement to commit a Group A offence.

(4) The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.

(5) The power to make such an order shall be exercisable by statutory instrument.

(6) No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 1(2)(a) repealed (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 24(1), Sch. 3; S.I. 2006/3200, art. 2

F2 S. 1(2): entry relating to s. 24A inserted (18.12.1996) by 1996 c. 62, s. 3(3)

F3 S. 1(2)(b) repealed (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 24(2), Sch. 3; S.I. 2006/3200, art. 2

F4 S. 1(2)(bb) inserted (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 24(3); S.I. 2006/3200, art. 2

F5 Entries in s. 1(2)(c) inserted (1.8.2000) by S.I. 2000/1878, art. 2

F6 S. 1(2)(ca) inserted (7.6.2006) by Identity Cards Act 2006 (c. 15), ss. 30(1), 44(3); S.I. 2006/1439, art. 2(c)

Marginal Citations

M1 1968 c. 60.

M2 1981 c. 45.

2 Jurisdiction in respect of Group A offences. E+W

(1) For the purposes of this Part, “relevant event”, in relation to any Group A offence, means [F7 (subject to subsection (1A))] any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.

[F8 (1A) In relation to an offence under section 1 of the Fraud Act 2006 (fraud), “relevant event” includes—

(a) if the fraud involved an intention to make a gain and the gain occurred, that occurrence;

(b) if the fraud involved an intention to cause a loss or to expose another to a risk of loss and the loss occurred, that occurrence.]

(2) For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.

(3) A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.

Textual Amendments

F7 Words in s. 2(1) inserted (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 25(2); S.I. 2006/3200, art. 2

F8 S. 2(1A) inserted (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 25(3); S.I. 2006/3200, art. 2

3 Questions immaterial to jurisdiction in the case of certain offences. E+W

(1) A person may be guilty of a Group A or Group B offence whether or not—

(a) he was a British citizen at any material time;

(b) he was in England and Wales at any such time.

(2) On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—

(a) he became a party to the conspiracy in England and Wales;

(b) any act or omission or other event in relation to the conspiracy occurred in England and Wales.

(3) On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—

(a) the attempt was made in England and Wales;

(b) it had an effect in England and Wales.

(4) Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.

(5) Subsection (2) does not apply in relation to any charge under the M3 Criminal Law Act 1977 brought by virtue of section 1A of that Act.

(6) Subsection (3) does not apply in relation to any charge under the M4 Criminal Attempts Act 1981 brought by virtue of section 1A of that Act.

Marginal Citations

M3 1977 c. 45.

M4 1981 c. 47.

4 Rules for determining certain jurisdictional questions relating to the location of events. E+W

In relation to a Group A or Group B offence—

(a) there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and

(b) there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—

(i) from a place in England and Wales to a place elsewhere; or

(ii) from a place elsewhere to a place in England and Wales.

5 Conspiracy, attempt and incitement. E+W

F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following section shall be inserted in the M5 Criminal Attempts Act 1981, after section 1—

“1A Extended jurisdiction in relation to certain attempts.

(1) If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.

(2) This section applies to an act if—

(a) it is done in England and Wales, and

(b) it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.

(3) In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.

(4) Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

(5) Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.”.

(3) A person may be guilty of conspiracy to defraud if—

(a) a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b) a party to it became a party in England and Wales (by joining it either in person or through an agent), or

(c) a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.

(4) A person may be guilty of incitement to commit a Group A offence if the incitement—

(a) takes place in England and Wales; and

(b) would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.

(5) Subsections (3) and (4) are subject to section 6.

Textual Amendments

F9 S. 5(1) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 7(1), Sch. 2 Pt. II (with s. 9(3))

Commencement Information

I1 S. 5 partly in force; s. 5 not in force at Royal Assent see s. 78; s. 5(2) in force at (1.6.1999) by S.I. 1999/1189, art. 2; s. 5(3)-(5) in force at (1.6.1999) by S.I. 1999/1499, art. 2

Marginal Citations

M5 1981 c. 47.

6 Relevance of external law. E+W

(1) A person is guilty of an offence triable F10 . . . by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—

(a) an act or omission by one or more of the parties, or

(b) the happening of some other event,

constituting an offence under the law in force where the act, omission or other event was intended to take place.

(2) A person is guilty of an offence triable by virtue of section 1A of the M6 Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

(3) Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.

(4) Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;

(b) showing their grounds for that opinion; and

(c) requiring the prosecution to show that it is satisfied.

(5) In subsection (4) “the relevant conduct” means—

(a) where the condition in subsection (1) is in question, the agreed course of conduct; and

(b) where the condition in subsection (2) is in question, what the defendant had in view.

(6) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).

(7) In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.

(8) The following paragraph shall be inserted in section 9(3) of the M7 Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—

“(aa) a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);”.

Textual Amendments

F10 Words in s. 6(1) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. 1 Pt. II para. 7(2), Sch. 2 Pt. II (with s. 9(3))

Marginal Citations

M6 1981 c. 47.

M7 1987 c. 38.

Part II U.K. DRUG TRAFFICKING OFFENCES

Confiscation orders E+W+S

F11 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 7 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F12 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 8 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F13 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 9 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F14 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 10 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F15 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 11 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F16 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 12 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F17 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F17 S. 13 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Death or absence of defendant E+W

F18 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 14 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F19 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 15 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Offences U.K.

F20 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 16 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

17 Acquisition, possession or use of proceeds of drug trafficking: Scotland. S

(1) The following section shall be inserted in the M8 Criminal Justice (Scotland) Act 1987, after section 42—

“42A Acquisition, possession or use of proceeds of drug trafficking.

(1) A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.

(2) It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.

(3) For the purposes of subsection (2) above—

(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and

(b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.

(4) The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.

(5) Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—

(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and

(b) if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—

(i) the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, or

(ii) the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.

(6) For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.

(7) In proceedings against a person for an offence under this section, it is a defence to prove that—

(a) he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but

(b) there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.

(8) In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person so commissioned.

(9) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both.

(10) No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.”.

(2) In section 3(3) of the Act of 1987 (circumstances where assumptions are not to be made), after the word “section” where it first occurs there shall be inserted the words “ 42A or ”.

Marginal Citations

M8 1987 c. 41.

F21 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 18 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

19 Offences in connection with laundering money from drug trafficking: Scotland. S

(1) The following sections shall be inserted after section 43 of the M9 Criminal Justice (Scotland) Act 1987—

“43A Failure to disclose knowledge or suspicion of money laundering.

(1) A person is guilty of an offence if—

(a) he knows, or suspects, that another person is engaged in drug money laundering,

(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and

(c) he does not disclose the information or other matter to a constable or to a person commissioned by the Commissioners of Customs and Excise as soon as is reasonably practicable after it comes to his attention.

(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.

(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.

(4) Where a person discloses to a constable or a person so commissioned—

(a) his suspicion or belief that another person is engaged in drug money laundering, or

(b) any information or other matter on which that suspicion or belief is based,

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.

(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.

(7) In this section “drug money laundering” means doing any act which constitutes an offence under—

(a) section 42A or 43 of this Act; or

(b) section 14 of the M10 Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),

or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.

(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.

(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

(b) by, or by a representative of, a person seeking legal advice from the adviser; or

(c) by any person—

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

(11) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.

43B Tipping-off.

(1) A person is guilty of an offence if—

(a) he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 43A of this Act; and

(b) he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.

(2) A person is guilty of an offence if—

(a) he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 42A, 43 or 43A of this Act; and

(b) he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(3) A person is guilty of an offence if—

(a) he knows or suspects that a disclosure of a kind mentioned in section 42A(8), 43(4A) or 43A(5) of this Act has been made; and

(b) he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.

(4) Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—

(a) to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or

(b) to any person—

(i) in contemplation of, or in connection with, legal proceedings; and

(ii) for the purpose of those proceedings.

(5) Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.

(6) In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.

(8) No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.”.

(2) In section 43 of the Act of 1987 (assisting another to retain the proceeds of drug trafficking)—

(a) in subsection (3), after the words “trafficking or” there shall be inserted the words “ discloses to a constable or a person so commissioned ”; and

(b) in paragraph (a) of subsection (3), for the word “contract” there shall be substituted “ statute or otherwise ”.

(3) After subsection (4) of that section, there shall be inserted the following subsection—

“(4A) In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person commissioned as aforesaid.”.

Marginal Citations

M9 1987 c. 41.

M10 1990 c. 5.

20 Prosecution by order of the Commissioners of Customs and Excise. E+W+S

F22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following section shall be inserted in the M11 Criminal Justice (Scotland) Act 1987, after section 40—

“40A Prosecution by order of the Commissioners of Customs and Excise.

(1) Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.

(2) In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.

(3) Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that a specified offence has been committed, or

(b) whether a person should be prosecuted for a specified offence,

that matter shall be treated as an assigned matter within the meaning of the M12 Customs and Excise Management Act 1979.

(4) Nothing in this section shall be taken—

(a) to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or

(b) to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.

(5) In this section—

• “the Commissioners” means the Commissioners of Customs and Excise;

• “officer” means a person commissioned by the Commissioners; and

• “specified offence” means—

  (a)

  an offence under section 42, 42A, 43, 43A or 43B of this Act or section 14 of the M13 Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);

  (b)

  attempting to commit, conspiracy to commit or incitement to commit, any such offence; or

  (c)

  any other offence of a kind prescribed in regulations made by the Secretary of State for the purposes of this section.

(6) Regulations under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

Extent Information

E2 S. 20 extends to England and Wales except for s. 20(2) which extends only to Scotland

Textual Amendments

F22 S. 20(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Marginal Citations

M11 1987 c. 41.

M12 1979 c. 2.

M13 1990 c. 5.

Enforcement U.K.

21 Enforcement of certain orders. U.K.

(1) In section 9 of the M14 Criminal Justice (International Co-operation) Act 1990 (enforcement of overseas forfeiture orders), in subsection (1)(b), the words “ or intended for use ” shall be inserted after “used”.

F23 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The same subsection as is inserted in section 24A of the Act of 1986 by subsection (2) shall be inserted in—

F23 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 29 of the M15 Criminal Justice (Scotland) Act 1987 (but in substitution for subsection (4));

(d) section 30 of the Act of 1987 (but in substitution for subsection (5));

F24 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) section 9 of the M16 Criminal Justice (International Co-operation) Act 1990 (but in substitution for subsection (5)).

Extent Information

E3 For the extent of s. 21, see s. 79

Textual Amendments

F23 S. 21(2)(3)(a)(b) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3 (with saving in Sch. 2 para. 8)

F24 S. 21(3)(e)-(g) repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

Marginal Citations

M14 1990 c. 5.

M15 1987 c. 41.

M16 1990 c. 5.

22 Enforcement of Northern Ireland orders: drug trafficking. E+W+S

F25 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 29 of the Criminal Justice (Scotland) Act 1987 (enforcement of Northern Ireland orders), the following subsection shall be inserted after subsection (3)—

“(3A) An Order in Council under this section may, in particular, provide for section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom) not to apply in relation to such orders as may be prescribed by the Order.”.

Extent Information

E4 S. 22 extends to E & W. except for s. 22(2) which extends only to Scotland

Textual Amendments

F25 S. 22(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

23 Transfer of certain enforcement powers to the Commissioners of Customs and Excise. U.K.

(1) The functions of the Secretary of State under section 20 of the Criminal Justice (International Co-operation) Act 1990 (enforcement powers in relation to ships) are transferred to the Commissioners of Customs and Excise.

(2) The following consequential amendments shall be made in the Act of 1990—

(a) in section 20, for “Secretary of State”, “he” and “his”, wherever they occur, there shall be substituted, respectively, “ Commissioners of Customs and Excise ”, “ they ” and “ their ”;

(b) in section 21(3), for “ Secretary of State”, where first occurring, there shall be substituted “ Commissioners of Customs and Excise ”; and

(c) in paragraph 2(2) of Schedule 3, for “Secretary of State” there shall be substituted “ Commissioners of Customs and Excise ”.

(3) The transfer of functions effected by this section shall not affect the validity of any action taken or begun under section 20 of the Act of 1990 before the coming into force of this section.

Miscellaneous U.K.

24 Miscellaneous amendments. U.K.

F26 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Section 1 of the M17 Criminal Justice (Scotland) Act 1987 (confiscation orders in relation to drug trafficking offences) shall be amended in accordance with subsections (13) to (15).

(13) In subsection (2) (offences in relation to which confiscation orders may be made), the following paragraph shall be inserted after paragraph (b)—

“(bb) an offence under section 42A of this Act;”.

(14) In subsection (6) (definition of “drug trafficking”), after paragraph (e) there shall be inserted the following paragraphs—

“(f) acquiring, having possession of or using property in contravention of section 42A of this Act;

(g) concealing or transferring the proceeds of drug trafficking in contravention of section 14 of the Act of 1990;

(h) using any ship for illicit traffic in controlled drugs in contravention of section 19 of the Act of 1990;”.

(15) After subsection (6) there shall be inserted the following subsection—

“(7) In paragraphs (e) to (g) of subsection (6) above, references to conduct in contravention of the enactments mentioned in those paragraphs include conduct which would contravene the enactments if it took place in Scotland.”.

Extent Information

E5 S. 24 extends to U.K. but s. 24(12)-(15) extend only to Scotland

Textual Amendments

F26 S. 24(1)-(11) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

Commencement Information

I2 S. 24 partly in force; S. 24 not in force at Royal Assent; S. 24(12)-(15) in force for S. at 3.2.1995 by S.I. 1995/43, arts. 2, 3(2)

Marginal Citations

M17 1987 c. 41.

F27 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 25 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

26 Disclosure of information etc. received in privileged circumstances. E+W+S

F28 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The same subsections as are inserted in section 31 of the Act of 1986 by subsection (1) shall be inserted in section 42 of the M18 Criminal Justice (Scotland) Act 1987 (corresponding Scottish provision).

Extent Information

E6 S. 26 extends to E & W except for s 26(2) which extends only to Scotland

Textual Amendments

F28 S. 26(1) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3 (with saving in Sch. 2 para. 9)

Marginal Citations

M18 1987 c. 41.

Part III U.K. PROCEEDS OF CRIMINAL CONDUCT

Confiscation orders E+W

F29 27 Confiscation orders. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 28 Postponed determinations. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

Money laundering and other offences U.K.

F29 29 Assisting another to retain the benefit of criminal conduct. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 30 Acquisition, possession or use of proceeds of criminal conduct. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 31 Concealing or transferring proceeds of criminal conduct. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 32 Tipping-off. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 33 Application to Scotland of sections 93A to 93D of 1988 Act. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 34 Enforcement of Northern Ireland orders: proceeds of criminal conduct. S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

F29 35 Prosecution by order of the Commissioners of Customs and Excise. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Ss. 27-35 repealed (24.2.2003 for the repeal of ss. 29-33, 35, 24.3.2003 in so far as not already in force) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)

Part IV U.K. FINANCING ETC. OF TERRORISM

Amendments of the 1991 Act U.K.

F30 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F30 S. 36 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F31 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F31 S. 37 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F32 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F32 S. 38 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F33 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F33 S. 39 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F34 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F34 S. 40 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F35 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F35 S. 41 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F36 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F36 S. 42 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F37 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F37 S. 43 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F38 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F38 S. 44 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F39 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F39 S. 45 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F40 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F40 S. 46 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F41 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F41 S. 47 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F42 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F42 S. 48 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Amendments of the 1989 Act U.K.

F43 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F43 S. 49 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

F44 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F44 S. 50 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

F45 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F45 S. 51 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

Part V U.K. INSIDER DEALING

Modifications etc. (not altering text)

C2 Pt. V (ss. 52-64) applied (E.W.N.I) (1.12.2001) by 2000 c. 8, s. 402(1)(a); S.I. 2001/3538, art. 2(1)

The offence of insider dealing U.K.

52 The offence. U.K.

(1) An individual who has information as an insider is guilty of insider dealing if, in the circumstances mentioned in subsection (3), he deals in securities that are price-affected securities in relation to the information.

(2) An individual who has information as an insider is also guilty of insider dealing if—

(a) he encourages another person to deal in securities that are (whether or not that other knows it) price-affected securities in relation to the information, knowing or having reasonable cause to believe that the dealing would take place in the circumstances mentioned in subsection (3); or

(b) he discloses the information, otherwise than in the proper performance of the functions of his employment, office or profession, to another person.

(3) The circumstances referred to above are that the acquisition or disposal in question occurs on a regulated market, or that the person dealing relies on a professional intermediary or is himself acting as a professional intermediary.

(4) This section has effect subject to section 53.

53 Defences. U.K.

(1) An individual is not guilty of insider dealing by virtue of dealing in securities if he shows—

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(c) that he would have done what he did even if he had not had the information.

(2) An individual is not guilty of insider dealing by virtue of encouraging another person to deal in securities if he shows—

(a) that he did not at the time expect the dealing to result in a profit attributable to the fact that the information in question was price-sensitive information in relation to the securities, or

(b) that at the time he believed on reasonable grounds that the information had been or would be disclosed widely enough to ensure that none of those taking part in the dealing would be prejudiced by not having the information, or

(c) that he would have done what he did even if he had not had the information.

(3) An individual is not guilty of insider dealing by virtue of a disclosure of information if he shows—

(a) that he did not at the time expect any person, because of the disclosure, to deal in securities in the circumstances mentioned in subsection (3) of section 52; or

(b) that, although he had such an expectation at the time, he did not expect the dealing to result in a profit attributable to the fact that the information was price-sensitive information in relation to the securities.

(4) Schedule 1 (special defences) shall have effect.

(5) The Treasury may by order amend Schedule 1.

(6) In this section references to a profit include references to the avoidance of a loss.

Interpretation U.K.

54 Securities to which Part V applies. U.K.

(1) This Part applies to any security which—

(a) falls within any paragraph of Schedule 2; and

(b) satisfies any conditions applying to it under an order made by the Treasury for the purposes of this subsection;

and in the provisions of this Part (other than that Schedule) any reference to a security is a reference to a security to which this Part applies.

(2) The Treasury may by order amend Schedule 2.

55 “Dealing” in securities. U.K.

(1) For the purposes of this Part, a person deals in securities if—

(a) he acquires or disposes of the securities (whether as principal or agent); or

(b) he procures, directly or indirectly, an acquisition or disposal of the securities by any other person.

(2) For the purposes of this Part, “acquire”, in relation to a security, includes—

(a) agreeing to acquire the security; and

(b) entering into a contract which creates the security.

(3) For the purposes of this Part, “dispose”, in relation to a security, includes—

(a) agreeing to dispose of the security; and

(b) bringing to an end a contract which created the security.

(4) For the purposes of subsection (1), a person procures an acquisition or disposal of a security if the security is acquired or disposed of by a person who is—

(a) his agent,

(b) his nominee, or

(c) a person who is acting at his direction,

in relation to the acquisition or disposal.

(5) Subsection (4) is not exhaustive as to the circumstances in which one person may be regarded as procuring an acquisition or disposal of securities by another.

56 “Inside information”, etc. U.K.

(1) For the purposes of this section and section 57, “inside information” means information which—

(a) relates to particular securities or to a particular issuer of securities or to particular issuers of securities and not to securities generally or to issuers of securities generally;

(b) is specific or precise;

(c) has not been made public; and

(d) if it were made public would be likely to have a significant effect on the price of any securities.

(2) For the purposes of this Part, securities are “price-affected securities” in relation to inside information, and inside information is “price-sensitive information” in relation to securities, if and only if the information would, if made public, be likely to have a significant effect on the price of the securities.

(3) For the purposes of this section “price” includes value.

57 “Insiders”. U.K.

(1) For the purposes of this Part, a person has information as an insider if and only if—

(a) it is, and he knows that it is, inside information, and

(b) he has it, and knows that he has it, from an inside source.

(2) For the purposes of subsection (1), a person has information from an inside source if and only if—

(a) he has it through—

(i) being a director, employee or shareholder of an issuer of securities; or

(ii) having access to the information by virtue of his employment, office or profession; or

(b) the direct or indirect source of his information is a person within paragraph (a).

58 Information “made public”. U.K.

(1) For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.

(2) Information is made public if—

(a) it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;

(b) it is contained in records which by virtue of any enactment are open to inspection by the public;

(c) it can be readily acquired by those likely to deal in any securities—

(i) to which the information relates, or

(ii) of an issuer to which the information relates; or

(d) it is derived from information which has been made public.

(3) Information may be treated as made public even though—

(a) it can be acquired only by persons exercising diligence or expertise;

(b) it is communicated to a section of the public and not to the public at large;

(c) it can be acquired only by observation;

(d) it is communicated only on payment of a fee; or

(e) it is published only outside the United Kingdom.

59 “Professional intermediary”. U.K.

(1) For the purposes of this Part, a “professional intermediary” is a person—

(a) who carries on a business consisting of an activity mentioned in subsection (2) and who holds himself out to the public or any section of the public (including a section of the public constituted by persons such as himself) as willing to engage in any such business; or

(b) who is employed by a person falling within paragraph (a) to carry out any such activity.

(2) The activities referred to in subsection (1) are—

(a) acquiring or disposing of securities (whether as principal or agent); or

(b) acting as an intermediary between persons taking part in any dealing in securities.

(3) A person is not to be treated as carrying on a business consisting of an activity mentioned in subsection (2)—

(a) if the activity in question is merely incidental to some other activity not falling within subsection (2); or

(b) merely because he occasionally conducts one of those activities.

(4) For the purposes of section 52, a person dealing in securities relies on a professional intermediary if and only if a person who is acting as a professional intermediary carries out an activity mentioned in subsection (2) in relation to that dealing.

60 Other interpretation provisions. U.K.

(1) For the purposes of this Part, “regulated market” means any market, however operated, which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as a regulated market for the purposes of this Part.

(2) For the purposes of this Part an “issuer”, in relation to any securities, means any company, public sector body or individual by which or by whom the securities have been or are to be issued.

(3) For the purposes of this Part—

(a) “company” means any body (whether or not incorporated and wherever incorporated or constituted) which is not a public sector body; and

(b) “public sector body” means—

(i) the government of the United Kingdom, of Northern Ireland or of any country or territory outside the United Kingdom;

(ii) a local authority in the United Kingdom or elsewhere;

(iii) any international organisation the members of which include the United Kingdom or another member state;

(iv) the Bank of England; or

(v) the central bank of any sovereign State.

(4) For the purposes of this Part, information shall be treated as relating to an issuer of securities which is a company not only where it is about the company but also where it may affect the company’s business prospects.

Miscellaneous U.K.

61 Penalties and prosecution. U.K.

(1) An individual guilty of insider dealing shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding seven years or to both.

(2) Proceedings for offences under this Part shall not be instituted in England and Wales except by or with the consent of—

(a) the Secretary of State; or

(b) the Director of Public Prosecutions.

(3) In relation to proceedings in Northern Ireland for offences under this Part, subsection (2) shall have effect as if the reference to the Director of Public Prosecutions were a reference to the Director of Public Prosecutions for Northern Ireland.

62 Territorial scope of offence of insider dealing. U.K.

(1) An individual is not guilty of an offence falling within subsection (1) of section 52 unless—

(a) he was within the United Kingdom at the time when he is alleged to have done any act constituting or forming part of the alleged dealing;

(b) the regulated market on which the dealing is alleged to have occurred is one which, by an order made by the Treasury, is identified (whether by name or by reference to criteria prescribed by the order) as being, for the purposes of this Part, regulated in the United Kingdom; or

(c) the professional intermediary was within the United Kingdom at the time when he is alleged to have done anything by means of which the offence is alleged to have been committed.

(2) An individual is not guilty of an offence falling within subsection (2) of section 52 unless—

(a) he was within the United Kingdom at the time when he is alleged to have disclosed the information or encouraged the dealing; or

(b) the alleged recipient of the information or encouragement was within the United Kingdom at the time when he is alleged to have received the information or encouragement.

63 Limits on section 52. U.K.

(1) Section 52 does not apply to anything done by an individual acting on behalf of a public sector body in pursuit of monetary policies or policies with respect to exchange rates or the management of public debt or foreign exchange reserves.

(2) No contract shall be void or unenforceable by reason only of section 52.

64 Orders. U.K.

(1) Any power under this Part to make an order shall be exercisable by statutory instrument.

(2) No order shall be made under this Part unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(3) An order under this Part—

(a) may make different provision for different cases; and

(b) may contain such incidental, supplemental and transitional provisions as the Treasury consider expedient.

Part VI U.K. MISCELLANEOUS

65 Fixing of fines. E+W

F46 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.

(3) The further amendments made by Schedule 3 shall have effect.

(4) The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.

Textual Amendments

F46 S. 65(1) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F47 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F47 S. 66 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

67 Penalty for causing death by dangerous driving or by careless driving. E+W+S

(1) In Part I of Schedule 2 to the M19 Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act M20 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “ 10 years ”.

F48 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7 S. 67(1) extends to Great Britain and s. 67(2) extends to England and Wales only.

Textual Amendments

F48 S. 67(2) repealed (9.1.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1994/3192, art. 2, Sch.

Modifications etc. (not altering text)

C3 S. 67(1) restricted (S.) (11.8.1993) by S.I. 1993/2035, art. 2(2).

Marginal Citations

M19 1988 c. 53.

M20 1988 c. 52.

F49 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F49 S. 68 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3)

F50 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F50 S. 69 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3)

70 Penalties under implementation regulations. U.K.

(1) Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.

(2) Regulations under section 2(2) of the M21 European Communities Act 1972 for the purpose of implementing—

(a) [F51 [F52 Article 43 of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006] relating to the taking up and pursuit of the business of credit institutions] (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or

(b) [F51 [F53 Articles 127(2) and (3), 137 and 139 to 142] of that Directive] (which make similar provision in relation to the consolidated supervision of credit institutions),

may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences [F54 punishable on summary conviction under section 177 of the Financial Services and Markets Act 2000].

(3) In this section—

• “the Second Banking Co-ordination Directive” means the M22 Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and

• “the Supervision of Credit Institutions Directive” means the M23 Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.

(4) Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.

Textual Amendments

F51 Words in S. 70(2)(a)(b) substituted (22.11.2000) by S.I. 2000/2952, reg. 6(a)(b)

F52 Words in s. 70(2)(a) substituted (1.1.2007) by The Capital Requirements Regulations 2006 (S.I. 2006/3221), reg. 1(1), Sch. 4 para. 5(a)

F53 Words in s. 70(2)(b) substituted (1.1.2007) by The Capital Requirements Regulations 2006 (S.I. 2006/3221), reg. 1(1), Sch. 4 para. 5(b)

F54 Words in s. 70(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 340

Marginal Citations

M21 1972 c. 68.

M22 O.J. No. L386/1.

M23 O.J. No. L110/52.

71 Offences in connection with taxation etc. in the EC. U.K.

(1) A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—

(a) the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);

(b) the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or

(c) the c onduct is such as to be calculated to have an effect in that member State in relation to any of those matters.

(2) The matters mentioned in subsection (1) are—

(a) the determination, discharge or enforcement of any liability for a Community duty or tax;

(b) the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;

(c) the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;

(d) the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and

(e) such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.

(3) For the purposes of this section—

(a) an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and

(b) the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.

(4) In any proceedings against any person for an offence under this section it shall be a defence for that person to show—

(a) that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and

(b) that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.

(5) For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate—

(a) that a specified offence existed against the law of that member State,

(b) that an offence against the law of that member State was a serious offence within the meaning of this section,

(c) that such an offence consists in or includes the contravention of particular provisions of the law of that member State,

(d) that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,

(e) that specified conduct involved the commission of a particular offence against the law of that member State, or

(f) that a particular effect in that member State in relation to any matter would result from specified conduct,

shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.

(6) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.

(7) Sections 145 to 152 and 154 of the M24 Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.

(8) The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9) In this section—

• “another member State” means a member State other than the United Kingdom;

• “Community duty or tax” means any of the following, that is to say—

  (a)

  any Community customs duty;

  (b)

  an agricultural levy of the Economic Community;

  (c)

  value added tax under the law of another member State;

  (d)

  any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;

  (e)

  any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;

• “conduct” includes acts, omissions and statements;

• “contravention” includes a failure to comply; and

• “the customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979.

(10) References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).

Marginal Citations

M24 1979 c. 2.

F55 72 Backing of warrants: safeguards. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 S. 72 repealed (1.1.2004) by Extradition Act 2003 (c. 41), s. 221, Sch. 4; S.I. 2003/3103, art. 2 (with arts. 3-5) (as amended (11.12.2003) by S.I. 2003/3258, art. 2 and (18.12.2003) by S.I. 2003/3312, art. 2)

73 Power of Secretary of State to make grants in relation to combating drug misuse. E+W+S

(1) The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—

(a) to combat or deal with drug trafficking or the misuse of drugs; or

(b) to deal with consequences of the misuse of drugs.

(2) Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

(3) Payments under this section shall be made out of money provided by Parliament.

74 Persons not eligible for early release. E+W

(1) Part II of Schedule 1 to the M25 Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.

(2) In the entry relating to the M26 Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—

“25A Section 23A (acquisition, possession or use of proceeds of drug trafficking).”.

(3) In the entry relating to the M27 Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—

“29A Section 93A (assisting another to retain the benefit of criminal conduct).

29B Section 93B (acquisition, possession or use of proceeds of criminal conduct).

29C Section 93C (concealing or transferring proceeds of criminal conduct).”.

Marginal Citations

M25 1982 c. 48.

M26 1986 c. 32.

M27 1988 c. 33.

75 Compassionate release of certain children and other persons in Scotland. S

(1) In section 7(5) of the M28 Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “ Without prejudice to section 6(1)(b)(ii) of this Act, sections 3, ”.

(2) In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “ , and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph, ”.

Marginal Citations

M28 1993 c. 9.

76 Life prisoners transferred to Scotland. S

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) In section 10 (life prisoners transferred to Scotland)—

(a) in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;

(b) in subsection (2), after “life prisoner” insert “ , except such case as is mentioned in paragraph 7 of Schedule 6 to this Act, ”; and

(c) in subsection (4)—

(i) in paragraph (a), after “has” insert “ (whether before or after the commencement of this section) ”; and

(ii) in paragraph (b), after “Scotland” insert “ (whether before or after that commencement) ”.

(3) In Schedule 6 (transitional provisions and savings)—

(a) in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “ (other than a transferred life prisoner) ”;

(b) in paragraph 2(1), for “paragraph 7 below” substitute “ to section 10(4) of this Act ”; and

(c) for paragraph 7 substitute—

In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the M29 Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.”.

Marginal Citations

M29 1991 c. 53.

77 Power to extend certain offences to Crown servants and to exempt regulators etc. U.K.

Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.

PART VII U.K. SUPPLEMENTARY

78 Commencement etc. U.K.

(1) Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the M30 Criminal Procedure (Scotland) Act 1975 and the M31 Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.

(3) The other provisions of this Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.

(4) Different days may be appointed under subsection (3) for different provisions and different purposes.

(5) Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.

(6) Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence [F56 and, where it confers a power on the court, shall not apply inm proceedings instituted befor the coming into force of that provision].

F57 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.

(10) An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.

F59 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

P1 S. 78(3) power partly exercised (14.1.1994): 15.2.1994 appointed for specified provisions by S.I. 1994/71, arts. 2, 3, Sch., Appendix

S. 78(3) power partly exercised (4.2.1994): 1.3.1994 appointed for specified provisions by S.I. 1994/242, arts. 2, 3, Sch., Appendix

S. 78(3) power partly exercised (10.3.1994): 1.4.1994 appointed for specified provisions by S.I. 1994/242, arts. 2, 3, Sch.

S. 78(3) power partly exercised (11.1.1995): 3.2.1995 appointed for specified provisions by S.I. 1995/43, art. 2, 3, Sch.

S. 78(3) power partly exercised (22.7.1995): 14.8.1995 appointed for specified provisions by S.I. 1995/1958, arts. 2, 3

S. 78(3) power partly exercised (20.7.1994): 22.8.1994 appointed for specified provisions by S.I. 1994/1951, art. 2

S. 78(3)(4) power partly exercised (19.4.1999): 1.6.1999 appointed for specified provisions by S.I. 1999/1189, art. 2

S. 78(3)(4) power partly exercised (26.5.1999): 1.6.1999 appointed for specified provisions by S.I.1999/1499, art. 2

Textual Amendments

F56 Words in s. 78(6) substituted (retrospective to 27.7.1993) by 1994 c. 33, s. 168(1), Sch. 9 para. 53

F57 S. 78(7) repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F58 S. 78(8)(12) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F59 S. 78(11) repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

Marginal Citations

M30 1975 c. 21.

M31 1993 c. 9.

79 Short title, extent etc. U.K.

(1) This Act may be cited as the Criminal Justice Act 1993.

(2) The following provisions of this Act extend to the United Kingdom—

Part V;

sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;

Schedules 1 and 2; and

paragraphs 4 F60 . . . and 6 of Schedule 4.

(3) The following provisions of this Act extend only to Great Britain—

sections F61 . . .21(3)(e), F61 . . .29 to 32, 34(1), 35, 67(1) and 73; and

paragraph 3 of Schedule 4.

(4) The following provisions of this Act extend only to Scotland—

sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and

paragraph 2 of Schedule 4.

(5) Sections 21(3)(f) and 34(2) [F62 and paragraph 5 of Schedule 4]extend to Scotland and Northern Ireland only.

F63 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.

(9) Otherwise, this Act extends to England and Wales only.

(10) Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.

F65 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M32 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) Schedule 5 (consequential amendments) shall have effect.

(14) The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.

Textual Amendments

F60 It is provided that the references to s. 25 nd Sch. 4 para. 5 in s. 79(2) are repealed (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(2), Sch. 3

F61 Words in s. 79(3) repealed (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(3), Sch. 3

F62 Words in s. 79(5) inserted (3.2.1995) by 1994 c. 37, ss. 65, 69(2), Sch. 1 para. 30(4)

F63 S. 79(6) repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

F64 S. 79(7) repealed (1.1.2004) by Extradition Act 2003 (c. 41), s. 221, Sch. 4; S.I. 2003/3103, art. 2 (with arts. 3-5) (as amended (11.12.2003) by S.I. 2003/3258, art. 2 and (18.12.2003) by S.I. 2003/3312, art. 2)

F65 S. 79(11) repealed (2.12.1999) by 1998 c. 47, ss. 100(2), Sch. 15; S.I. 1999/3209, art. 2

Commencement Information

I3 S. 79 partly in force; s. 79(1)-(12) in force at Royal Assent see s. 78(2); s. 79(14) in force at 20.9.1993 in relation to specified provisions of Sch. 6 by S.I. 1993/1968, art. 2(2), Sch. 2, Appendix; s. 79(13)(14) in force at 15.2.1994 for specified purposes by S.I. 1994/71, arts. 2, 3, Sch., Appendix; s. 79(13)(14) in force at 1.3.1994 for further specified purposes by S.I. 1994/242, arts. 2, 3, Sch., Appendix; S. 79(13) in force at 1.4.1994 for further specified purposes by S.I. 1994/700, arts. 2, 3, Sch.

Marginal Citations

M32 1974 c. 28.

SCHEDULES

Section 53(4).

SCHEDULE 1 U.K. Special defences

Market makers U.K.

1 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in good faith in the course of— U.K.

(a) his business as a market maker, or

(b) his employment in the business of a market maker.

(2) A market maker is a person who—

(a) holds himself out at all normal times in compliance with the rules of a regulated market or an approved organisation as willing to acquire or dispose of securities; and

(b) is recognised as doing so under those rules.

(3) In this paragraph “approved organisation” means an international securities self-regulating organisation approved [F66 by the Treasury under any relevant order under section 22 of the Financial Services and Markets Act 2000].

Textual Amendments

F66 Words in Sch. 1 para. 1(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 341(2)

Market information U.K.

2 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that— U.K.

(a) the information which he had as an insider was market information; and

(b) it was reasonable for an individual in his position to have acted as he did despite having that information as an insider at the time.

(2) In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account—

(a) the content of the information;

(b) the circumstances in which he first had the information and in what capacity; and

(c) the capacity in which he now acts.

3 U.K. An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows—

(a) that he acted—

(i) in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and

(ii) with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and

(b) that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.

4 U.K. For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts—

(a) that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;

(b) that securities of a particular kind have not been or are not to be acquired or disposed of;

(c) the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;

(d) the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;

(e) the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.

Price stabilisation U.K.

5 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in conformity with the price stabilisation rules [F67 or with the relevant provisions of Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments] . U.K.

[F68 (2) “Price stabilisation rules” means rules made under section 144(1) of the Financial Services and Markets Act 2000.]

Textual Amendments

F67 Words in Sch. 1 para. 5(1) inserted (17.3.2005) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (S.I. 2005/381), regs. 1(3)(a), 3

F68 Sch. 1 para. 5(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 341(3)

Section 54.

SCHEDULE 2 U.K. Securities

Shares U.K.

1 U.K. Shares and stock in the share capital of a company (“shares”).

Debt securities U.K.

2 U.K. Any instrument creating or acknowledging indebtedness which is issued by a company or public sector body, including, in particular, debentures, debenture stock, loan stock, bonds and certificates of deposit (“debt securities”).

Modifications etc. (not altering text)

C4 Sch. 2 para. 2 extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 1(1), Sch. 2 para. 8(2)(f)

Warrants U.K.

3 U.K. Any right (whether conferred by warrant or otherwise) to subscribe for shares or debt securities (“warrants”).

Depositary receipts U.K.

4 (1) The rights under any depositary receipt. U.K.

(2) For the purposes of sub-paragraph (1) a “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

(a) which is issued by or on behalf of a person who holds any relevant securities of a particular issuer; and

(b) which acknowledges that another person is entitled to rights in relation to the relevant securities or relevant securities of the same kind.

(3) In sub-paragraph (2) “relevant securities” means shares, debt securities and warrants.

Options U.K.

5 U.K. Any option to acquire or dispose of any security falling within any other paragraph of this Schedule.

Futures U.K.

6 (1) Rights under a contract for the acquisition or disposal of relevant securities under which delivery is to be made at a future date and at a price agreed when the contract is made. U.K.

(2) In sub-paragraph (1)—

(a) the references to a future date and to a price agreed when the contract is made include references to a date and a price determined in accordance with terms of the contract; and

(b) “relevant securities” means any security falling within any other paragraph of this Schedule.

Contracts for differences U.K.

7 (1) Rights under a contract which does not provide for the delivery of securities but whose purpose or pretended purpose is to secure a profit or avoid a loss by reference to fluctuations in— U.K.

(a) a share index or other similar factor connected with relevant securities;

(b) the price of particular relevant securities; or

(c) the interest rate offered on money placed on deposit.

(2) In sub-paragraph (1) “relevant securities” means any security falling within any other paragraph of this Schedule.

Section 65(3).

SCHEDULE 3 E+W Financial penalties

Increases in certain maximum fines E+W

1 (1) In section 17 of the M33 Criminal Justice Act 1991 (increases in certain maximum fines), subsection (3)(e) shall cease to have effect. E+W

(2) In Schedule 4 to that Act (increase of certain maxima) Part V shall cease to have effect.

Marginal Citations

M33 1991 c. 53.

Statements as to offenders’ financial circumstances E+W

F69 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 3 para. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Remission of fines E+W

F70 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 3 para. 3 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Default in paying unit fines E+W

4 E+W Section 22 of the Act of 1991 (default in paying fines fixed under section 18 of that Act) shall cease to have effect.

Responsibility of parents and guardians E+W

F71 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Sch. 3 para. 5 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Other amendments E+W

6 F72 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F72 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 97 of the M34 Magistrates’ Courts Act 1980 (maximum fine for refusal to give evidence), the following subsection shall be substituted for subsection (5)—

“(5) A fine imposed under subsection (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.”.

(4) In section 12 of the M35 Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates’ court), the following subsection shall be substituted for subsection (2A)—

“(2A) A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.”.

(5) In section 14 of that Act (maximum fine for contempt in an inferior court), the following subsection shall be substituted for the subsection (2A) inserted by the M36 Criminal Justice Act 1991—

“(2A) A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.”.

F72 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 3 para. 6(1)(2)(6)(7) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Marginal Citations

M34 1980 c. 43.

M35 1981 c. 49.

M36 1991 c. 53.

Section 77.

Schedule 4 U.K. Extensions and Exemptions

The Drug Trafficking Offences Act 1986 (c.32) E+W

F73 1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 4 para. 1 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3 (with saving in Sch. 2 para. 10)

The Criminal Justice (Scotland) Act 1987 (c.41) S

2 S The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (Scotland) Act 1987, after section 46, as section 46A, but with the substitution—

(a) in subsection (1), of “ sections 42 to 43B of this Act ” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

(b) in subsection (2), of “ 43A ” for “26B”.

The Criminal Justice Act 1988 (c.33) E+W+S

F74 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Sch. 4 para. 3 repealed (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4) U.K.

F75 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 4 para. 4 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

The Criminal Justice (International Co-operation) Act 1990 (c.5) U.K.

[F76 5 S+N.I. The same section as is inserted in the Act of 1986 by paragraph 1 shall be inserted in the Criminal Justice (International Co-operation) Act 1990, after section 23, as section 23A, but with—

(a) the substitution in subsection (1), of “ section 14(2) above ” for “sections 23A, 24, 26B, 26C and 31 of this Act”; and

(b) the omission of subsections (2) to (4).]

Textual Amendments

F76 Sch. 4 para. 5 repealed (E.W.) (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

The Northern Ireland (Emergency Provisions) Act 1991 (c.24) U.K.

F77 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 4 para. 6 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Section 79(13).

SCHEDULE 5 U.K. Consequential Amendments

Extent Information

E8 The provisions of Sch. 5 have the same extent as the provisions on which they operate

Part I U.K. Enactments

The Criminal Appeal Act 1968 (c.19) U.K.

1 U.K. In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), the following shall be substituted for subsection (1)—

“(1) In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—

(a) a hospital order under Part III of the M37 Mental Health Act 1983, with or without a restriction order;

(b) an interim hospital order under that Part;

(c) a recommendation for deportation;

(d) a confiscation order under the M38 Drug Trafficking Offences Act 1986 other than one made by the High Court;

(e) a confiscation order under Part VI of the M39 Criminal Justice Act 1988;

(f) an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;

(g) an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of section 4A of the Act of 1986; and

(h) a declaration of relevance under the M40 Football Spectators Act 1989.”.

Marginal Citations

M37 1983 c. 20.

M38 1986 c. 32.

M39 1988 c. 33.

M40 1989 c. 37.

The Criminal Procedure (Scotland) Act 1975 (c. 21) U.K.

F78 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 5 para. 2 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3)

The Criminal Appeal (Northern Ireland) Act 1980 (c.47) U.K.

F79 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 5 para. 3 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

The Companies Act 1985 (c.6) U.K.

4 (1) In section 744 of the Companies Act 1985 (interpretation), for the definition of “the Insider Dealing Act”, there shall be substituted— U.K.

““the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing).”

(2) In the 1985 Act for “Insider Dealing Act”, wherever it occurs, there shall be substituted “ insider dealing legislation ”.

The Drug Trafficking Offences Act 1986 (c.32) U.K.

F80 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 5 para. 5 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

F81 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 5 para. 6 repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch. 3

The Financial Services Act 1986 (c.60) U.K.

F82 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

F83 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

F84 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

F85 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

F86 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

F87 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

The Banking Act 1987 (c.22) U.K.

F88 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 5 paras. 7-13 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(a)

The Criminal Justice Act 1988 (c.33) U.K.

F89 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 5 para. 14 repealed (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4) U.K.

F90 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Sch. 5 para. 15 repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, art. 2

The Companies Act 1989 (c.40) U.K.

16 U.K. In section 82(2)(b) of the Companies Act 1989 (request for assistance by overseas regulatory authority) for “the Company Securities (Insider Dealing) Act 1985” there shall be substituted “ Part V of the Criminal Justice Act 1993 (insider dealing) ”.

The Northern Ireland (Emergency Provisions) Act 1991 (c.24) U.K.

F91 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 5 para. 17 repealed (25.8.1996) by 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. I

Part II U.K. Orders in Council under the Northern Ireland Act 1974

The Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I.6)) U.K.

18 (1) In Article 2(3) of the Companies (Northern Ireland) Order 1986 (interpretation), for the definition of “the Insider Dealing Order” there shall be substituted— U.K.

““the insider dealing legislation” means Part V of the Criminal Justice Act 1993 (insider dealing)”;

(2) In the 1986 Order, for “Insider Dealing Order”, wherever it occurs, there shall be substituted “ insider dealing legislation ”.

19 (1) In Article 442 of that Order (provision for security of information obtained), in paragraph (1), in sub-paragraph (c) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “ section 94 or 177 ”. U.K.

(2) In paragraph (3) of that Article, in sub-paragraph (b) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “ section 94 or 177 ”.

20 U.K. In paragraph (3) of Article 444A of that Order (disclosure of information by Department or inspector) in sub-paragraph (a) for “Article 16A of the Insider Dealing Order or section 94” there shall be substituted “ section 94 or 177 ”.

The Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I.18)) U.K.

F92 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 5 para. 21 repealed (5.9.2003) by The Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)), art. 1(2), Sch. 4 (with Sch. 2); S.R. 2003/345, art. 3(2) (subject to S.R. 2003/346, arts. 3-6)

The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) U.K.

22 U.K. In Article 104A(1)(c) of the Insolvency (Northern Ireland) Order 1989 (petition for winding-up on grounds of public interest) after “94” there shall be inserted “ or 177 ”.

Section 79(14).

SCHEDULE 6 U.K. Repeals and Revocations

Commencement Information

I4 Sch. 6 partly in force; Sch. 6 in force at Royal Assent in so far as relating to specified provisions see s. 78(2); Sch. 6 in force at 20.9.1993 in relation to further specified provisions by S.I. 1993/1968 art. 2(2), Sch. 2, Appendix; Sch. 6 in force at 15.2.1994 for further specified provisions by S.I. 1994/71, arts. 2, 3, Sch., Appendix; Sch. 6 in force at 1.3.1994 for further specified provisions by S.I. 1994/242, arts. 2, 3, Sch., Appendix, Sch. 6 in force at 3.2.1995 for further specified provisions by S.I. 1995/43, art. 2, Sch.

Part I U.K. Repeals

Chapter	Short title	Extent of repeal
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In section 442B, the words “against sentence alone”.
1980 c. 43.	The Magistrates Courts Act 1980.	In section 12(1)(a) the words “and section 18 of the Criminal Justice Act 1991 (unit fines)”.
1985 c. 8.	The Company Securities (Insider Dealing) Act 1985.	The whole Act.
1986 c. 32.	The Drug Trafficking Offences Act 1986.	In section 1, in subsection (5)(b)(iii), the words from “section 39” to “bankruptcy orders)” and subsection (8).In section 5(3), the words “sections 3 and 4 of”.In section 26A(3), the words from “or by” to the end.In section 27(5), the words “or, as the case may be, the sheriff”.In section 38(2), the entries relating to a confiscation order and a defendant.
F93 . . .	F93 . . .	F93 . . .
F93 . . .	F93 . . ..	F93 . . .
1987 c. 38.	The Criminal Justice Act 1987.	In section 3(6)(i), the words “or any corresponding enactment having effect in Northern Ireland”.
1988 c. 33.	The Criminal Justice Act 1988.	Section 48.Section 98.
1989 c. 4.	The Prevention of Terrorism (Temporary Provisions) Act 1989.	In section 9(1), the word “or” immediately before paragraph (b).
1989 c. 40.	The Companies Act 1989.	Section 209.
1990 c. 5.	The Criminal Justice (International Co-operation) Act 1990.	Section 14(3) and (5).
1991 c. 24.	The Northern Ireland (Emergency Provisions) Act 1991.	In section 48(3), the words “during the period of postponement”.In section 50(2), the word “or” immediately before paragraph (c).Section 51(3).Section 67(6).
1991 c. 53.	The Criminal Justice Act 1991.	Section 17(3)(e).Section 19.Section 20(5).Section 22.Section 28(3).In section 30(1), the words “or the Lord Chancellor”.In Schedule 4, Part V.In Schedule 11, paragraph 24.
1993 c. 9.	The Prisoners and Criminal Proceedings (Scotland) Act 1993.	In section 10(1), the words “(whether before or after the commencement of this section)”.

Textual Amendments

F93 Sch. 6 Pt. I: Entries in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 342(b)

Part II U.K. Revocations

Number	Title	Extent of revocation
S.I. 1986/1034 (N.I. 8).	The Company Securities (Insider Dealing) (Northern Ireland) Order 1986.	The whole Order.
S.I. 1989/2404 (N.I. 18).	The Companies (Northern Ireland) Order 1989.	In Article 2(2), the definition of “the Insider Dealing Order”.In Article 11(1), the words “or Article 16A of the Insider Dealing Order”.Articles 27 to 34.Article 35(2) and (3).
S.I. 1989/2405 (N.I. 19).	The Insolvency (Northern Ireland) Order 1989.	Article 104A(1)(b).
S.I. 1990/1504 (N.I. 10).	The Companies (No.2) (Northern Ireland) Order 1990.	In Article 2(2), the definition of “the Insider Dealing Order”.Articles 21 to 23.
S.I. 1992/3218.	The Banking Coordination (Second Council Directive) Regulations 1992.	In Schedule 8, paragraphs 8(3), 9(2) and 10(3).In Schedule 10, paragraphs 17 and 25.