Part 1

Mutual assistance in criminal matters
Chapter 4

Information about banking transactions

Disclosure of information

Offence of disclosure
42
1
This section applies where—
a
a financial institution is specified in a customer information order or account monitoring order made in any part of the United Kingdom, or
b
the Secretary of State or the Lord Advocate receives a request under section 13 for evidence to be obtained from a financial institution in connection with the investigation of an offence ....
2
If the institution, or an employee of the institution, discloses any of the following information, the institution or (as the case may be) the employee is guilty of an offence.
3
That information is—
a
that the request to obtain customer information or account information, or the request mentioned in subsection (1)(b), has been received,
b
that the investigation to which the request relates is being carried out, or
c
that, in pursuance of the request, information has been given to the authority which made the request.
4
An institution guilty of an offence under this section is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.
5
Any other person guilty of an offence under this section 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,
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
Words in s. 42(1)(b) omitted (31.12.2020) by virtue of European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 3 para. 6; S.I. 2020/1662, reg. 2(dd)
S. 42 in force at 1.11.2006 by S.I. 2006/2811, art. 2