Part 7

Money Laundering

Disclosures

Section 339ZB: effect on required disclosures under section 330 or 331
339ZD
1
This section applies if in any proceedings a question arises as to whether the required disclosure has been made for the purposes of section 330(4) or 331(4)—
a
by a person (A) who discloses information under section 339ZB(1) as a result of a disclosure request,
b
by a person (B) who makes a required notification in accordance with section 339ZC(3)(b) in connection with that request, or
c
by any other person (C) to whom A discloses information under section 339ZB(1) as a result of that request.
2
The making of a required notification in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of A, B and C.
This is subject to section 339ZE(1) to (8).
3
The making of a joint disclosure report in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of the persons who jointly make the report.
This is subject to section 339ZE(10).
4
A joint disclosure report is a report to an
NCA
authorised officer that—
a
is made jointly by A and B (whether or not also jointly with other persons to whom A discloses information under section 339ZB(1)),
b
satisfies the requirements as to content mentioned in subsection (5),
c
is prepared after the making of a disclosure by A to B under section 339ZB(1) in connection with a suspicion of a person's engagement in money laundering, and
d
is sent to the
NCA
authorised officer before the end of the applicable period.
5
The requirements as to content are that the report must—
a
explain the extent to which there are continuing grounds to suspect that the person mentioned in subsection (4)(c) is engaged in money laundering,
b
identify the person (if known),
c
set out the grounds for the suspicion, and
d
provide any other information relevant to the matter.
6
The applicable period is—
a
in a case where the disclosure under section 339ZB was made as a result of a disclosure request from an
NCA
authorised officer by virtue of subsection (3)(a) of that section, whatever period may be specified by the officer when making the request;
b
in a case where the disclosure was made as a result of a disclosure request from another person by virtue of subsection (3)(b) of that section, the period of 84 days beginning with the day on which a required notification is made in connection with the request.
7
A joint disclosure report must be—
a
approved by the nominated officer of each person that jointly makes the report, and
b
signed by the nominated officer on behalf of each such person.
If there is no nominated officer the report must be approved and signed by another senior officer.
8
References in this section to A, B or C include—
a
a nominated officer acting on behalf of A, B or C, and
b
any other person who is an employee, officer or partner of A, B or C.
Ss. 339ZB-339ZG inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 11, 58(1)(6); S.I. 2017/991, reg. 2(b); S.I. 2017/1028, reg. 2(a)
Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3