The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Entry, inspection of premises without a warrant etc

This section has no associated Explanatory Memorandum

69.—(1) Paragraph (2) applies where a duly authorised officer of (or acting on behalf of) a supervisory authority in relation to a relevant person or a payment service provider (“P”) has reasonable grounds to believe that—

(a)any premises are being used by P in connection with P’s business or professional activities; and

(b)P may have contravened the requirements of—

(i)the fourth money laundering directive,

(ii)the funds transfer regulation, or

(iii)these Regulations.

(2) The officer may, on producing evidence of the officer’s authority, at any reasonable time—

(a)enter the premises;

(b)inspect the premises;

(c)observe the carrying on of business or professional activities by P;

(d)inspect any documents or other information found on the premises;

(e)require any person on the premises to provide an explanation of any document or to state where documents or information might be found;

(f)inspect any cash found on the premises.

(3) The officer may take copies of, or make extracts from, any documents found as a result of the exercise of the power in paragraph (2).

(4) In this regulation, “duly authorised officer” means—

(a)an officer of the FCA, authorised in writing to exercise the powers under this regulation on behalf of the FCA or another supervisory authority, by a Head of Department working within the enforcement function of the FCA; or

(b)an officer of Revenue and Customs authorised in writing to exercise the powers under this regulation on behalf of the Commissioners, or another supervisory authority, by an officer of Revenue and Customs of at least the grade of senior officer.