Part 5

Miscellaneous
Chapter 2

Provision of investigative assistance to overseas regulators

The appropriateness of providing investigative assistance
321
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.