Modifications etc. (not altering text)
C1Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3
(1)A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.
(2)But a person does not commit such an offence if—
(a)he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;
(b)he intended to make such a disclosure but had a reasonable excuse for not doing so;
(c)the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.
[F1(3)Nor does a person commit an offence under subsection (1) if—
(a)he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b)the relevant criminal conduct—
(i)was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii)is not of a description prescribed by an order made by the Secretary of State.
(4) In subsection (3) “ the relevant criminal conduct ” is the criminal conduct by reference to which the property concerned is criminal property. ]
[F2(5)A deposit-taking body that does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a)it does the act in operating an account maintained with it, and
(b)the arrangement facilitates the acquisition, retention, use or control of criminal property of a value that is less than the threshold amount determined under section 339A for the act.]
Textual Amendments
F1S. 328(3)(4) inserted (15.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 102(3), 178(8); S.I. 2006/1085, art. 3
F2S. 328(5) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 103(3), 178(8); S.I. 2005/1521, art. 3(1)(c)
Commencement Information
I1S. 328 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)