Part 8

Investigations
Chapter 2

England and Wales and Northern Ireland

Customer information orders

Meaning of customer information
364
1
“Customer information”, in relation to a person and a financial institution, is information whether the person holds, or has held, an account or accounts at the financial institution (whether solely or jointly with another) and (if so) information as to—
a
the matters specified in subsection (2) if the person is an individual;
b
the matters specified in subsection (3) if the person is a company or limited liability partnership or a similar body incorporated or otherwise established outside the United Kingdom.
2
The matters referred to in subsection (1)(a) are—
a
the account number or numbers or the number of any safe deposit box;
b
the person’s full name;
c
his date of birth;
d
his most recent address and any previous addresses;
e
in the case of an account or accounts,the date or dates on which he began to hold the account or accounts and, if he has ceased to hold the account or any of the accounts, the date or dates on which he did so;
ee
in the case of any safe deposit box, the date on which the box was made available to him and if the box has ceased to be available to him the date on which it so ceased;
f
such evidence of his identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering;
g
the full name, date of birth and most recent address, and any previous addresses, of any person who holds, or has held, an account at the financial institution jointly with him;
h
the account number or numbers of any other account or accounts held at the financial institution to which he is a signatory and details of the person holding the other account or accounts.
3
The matters referred to in subsection (1)(b) are—
a
the account number or numbers or the number of any safe deposit box;
b
the person’s full name;
c
a description of any business which the person carries on;
d
the country or territory in which it is incorporated or otherwise established and any number allocated to it under the Companies Act 2006 or corresponding legislation of any country or territory outside the United Kingdom;
e
any number assigned to it for the purposes of value added tax in the United Kingdom;
f
its registered office, and any previous registered offices, under the Companies Act 2006 (or corresponding earlier legislation) or anything similar under corresponding legislation of any country or territory outside the United Kingdom;
g
its registered office, and any previous registered offices, under the Limited Liability Partnerships Act 2000 (c. 12) or anything similar under corresponding legislation of any country or territory outside Great Britain;
h
in the case of an account or accounts, the date or dates on which it began to hold the account or accounts and, if it has ceased to hold the account or any of the accounts, the date or dates on which it did so;
hh
in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased;
i
such evidence of its identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering;
j
the full name, date of birth and most recent address and any previous addresses of any person who is a signatory to the account or any of the accounts.
4
The Secretary of State may by order provide for information of a description specified in the order—
a
to be customer information, or
b
no longer to be customer information.
5
Money laundering is an act which—
a
constitutes an offence under section 327, 328 or 329 of this Act or section 18 of the Terrorism Act 2000 (c. 11), or
aa
constitutes an offence specified in section 415(1A) of this Act,
b
would constitute an offence specified in paragraph (a)or (aa) if done in the United Kingdom.
6
A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.
Words in s. 364(2)(e) inserted (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(3)(b)
S. 364 modified (31.12.2020) by 2003 c. 32, s. 32(6) (as substituted by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 3 para. 3(2) (with Sch. 3 para. 3(4)); S.I. 2020/1662, reg. 2(dd))
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)
Words in s. 364(3)(d) substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 196(2)(a) (with art. 10)
S. 364 modified (1.11.2006) by Crime (International Co-operation) Act 2003 (c. 32), ss. 32(6), 94(1); S.I. 2006/2811, art. 2
Words in s. 364(2)(a) added (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(3)(a)
S. 364 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)
S. 364 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 44(8) (with reg. 3)
S. 364(6) added (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(5)
Words in s. 364(3)(f) substituted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 196(2)(b) (with art. 10)
S. 364(2)(ee) inserted (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(3)(b)
Words in s. 364(3)(h) inserted (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(4)(b)
Words in s. 364(3)(a) added (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(4)(a)
S. 364(5)(aa) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 107(2)(a), 178(7)(a); S.I. 2005/1521, art. 2(1)(e)
S. 364(3)(hh) inserted (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(4)(b)
Words in s. 364(5)(b) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 107(2)(b), 178(7)(a); S.I. 2005/1521, art. 2(1)(e)
Words in s. 364(1) inserted (N.I.) (20.8.2005) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(4), 14(2)