Proceeds of Crime Act 2002

[F1 333D Other permitted disclosures etc U.K.

(1) A person does not commit an offence under section 333A if the disclosure is—

(a) to the authority that is the supervisory authority for that person by virtue of [F2 the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017]; [F3 or ]

[F4 (aa) for the purposes of proceedings under section 336A (power of court to extend moratorium period);

(ab) made in good faith by virtue of section 339ZB (disclosures within the regulated sector); or]

(b) for the purpose of—

(i) the detection, investigation or prosecution of a criminal offence (whether in the United Kingdom or elsewhere),

(ii) an investigation under this Act, or

(iii) the enforcement of any order of a court under this Act.

[F5 (1A) Where an application is made to extend a moratorium period under section 336A, a person does not commit an offence under section 333A if—

(a) the disclosure is made to a customer or client of the person,

(b) the customer or client appears to the person making the disclosure to have an interest in the relevant property, and

(c) the disclosure contains only such information as is necessary for the purposes of notifying the customer or client that the application under section 336A has been made.

“Moratorium period” and “relevant property” have the meanings given in section 336D.]

(2) A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if the disclosure—

(a) is to the adviser’s client, and

(b) is made for the purpose of dissuading the client from engaging in conduct amounting to an offence.

(3) A person does not commit an offence under section 333A(1) if the person does not know or suspect that the disclosure is likely to have the effect mentioned in section 333A(1)(b).

(4) A person does not commit an offence under section 333A(3) if the person does not know or suspect that the disclosure is likely to have the effect mentioned in section 333A(3)(b).]

Textual Amendments

F1 Ss. 333A-333E inserted (26.12.2007) by Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398), reg. 1(2), Sch. 2 para. 4

F2 Words in s. 333D(1)(a) substituted (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 6(2) (with regs. 8, 15)

F3 Word in s. 333D(1)(a) omitted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 37(2)(a); S.I. 2017/991, reg. 2(r) (with reg. 1(4))

F4 S. 333D(1)(aa)(ab) inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 37(2)(b); S.I. 2017/991, reg. 2(r) (with reg. 1(4))

F5 S. 333D(1A) inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 37(3); S.I. 2017/991, reg. 2(r) (with reg. 1(4))