C1Part 7Money Laundering
Consent
I1C1335C1 Appropriate consent
1
The apropriate consent is—
a
the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;
b
the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;
c
the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.
2
A person must be treated as having the appropriate consent if—
a
he makes an authorised disclosure to a constable or a customs officer, and
b
the condition in subsection (3) or the condition in subsection (4) is satisfied.
3
The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.
4
The condition is that—
a
before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and
b
the moratorium period has expired.
5
The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.
6
The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.
7
A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.
8
References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
9
A nominated officer is a person nominated to receive disclosures under section 338.
10
Subsections (1) to (4) apply for the purposes of this Part.
I2C1336C1 Nominated officer: consent
1
A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied.
2
The condition is that—
a
he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by F1the Director General of the Serious Organised Crime Agency, and
b
such a person gives consent to the doing of the act.
3
The condition is that—
a
he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by F2the Director General of the Serious Organised Crime Agency, and
b
before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused.
4
The condition is that—
a
he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by F3the Director General of the Serious Organised Crime Agency,
b
before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and
c
the moratorium period has expired.
5
A person who is a nominated officer commits an offence if—
a
he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and
b
he knows or suspects that the act is a prohibited act.
6
A person guilty of such an offence 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 five years or to a fine or to both.
7
The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure.
8
The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused.
9
A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent.
10
References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
11
A nominated officer is a person nominated to receive disclosures under section 338.
Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3