Part 7

Money Laundering

Consent

Appropriate consent
335
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.