Part 5Miscellaneous

Chapter 2Provision of investigative assistance to overseas regulators

321The appropriateness of providing investigative assistance

(1)

This subsection makes provision about how R is to consider whether it would be appropriate to assist O for the purposes of section 319(1)(b).

(2)

In considering whether it would be appropriate to assist O, R must have regard to whether—

(a)

R would be able to exercise its powers under the relevant enactment concerned in a corresponding or similar case arising in the United Kingdom;

(b)

the United Kingdom and the country or territory of O, or R and O, are parties to a cooperation arrangement;

(c)

the matter in respect of which the assistance is requested is sufficiently serious to justify R assisting O.

(3)

R may consider that it would not be appropriate to assist O unless O undertakes to make such contribution as R considers appropriate towards the cost of R doing so.

(4)

R must consider that it would not be appropriate to assist O where any of subsections (5) to (8) apply.

(5)

This subsection applies where R considers that—

(a)

a person or body in the country or territory of O (whether or not O) would not provide corresponding or substantially similar assistance to R, unless R considers that there is an overriding public benefit to the United Kingdom in assisting O;

(b)

assisting O would be contrary to the public interest.

(6)

This subsection applies where—

(a)

the matter to which the request relates concerns the investigation of crime or the bringing of criminal proceedings, and

(b)

the request is made otherwise than under or in accordance with a qualifying cooperation arrangement.

(7)

This subsection applies where R would not be able to disclose, under Part 9 of EA 2002 (information), to O any information obtained by R in the course of assisting O.

(8)

This subsection applies where—

(a)

the request relates to a matter in respect of which in a corresponding or similar case arising in the United Kingdom R would not be able to exercise its powers under the relevant enactment concerned unless R has reasonable grounds for suspecting that there has, or may have, been a breach of the law (“the relevant UK law”), and

(b)

R does not have reasonable grounds for suspecting that there has, or may have, been a breach of the law of the country or territory of O which appears to R to make provision corresponding or similar to the relevant UK law in question.

(9)

For the purposes of subsection (8)(b), R is to regard as conclusive a certificate issued by O as to whether there has, or may have, been a breach of the law of the country or territory of O.