Proceeds of Crime Act 2002 [Part 7 — Money Laundering]

Section 339ZB: effect on required disclosures under section 330 or 331

— Regulation 339ZD — Section 339ZB: effect on required disclosures under section 330 or 331 This section applies if in any proceedings a question arises as to…

Supplementary

— Regulation 339ZK — Supplementary An information order does not confer the right to require a person to provide privileged information. “Privileged…

Section 339ZB: disclosure requests and required notifications

— Regulation 339ZC — Section 339ZB: disclosure requests and required notifications A disclosure request must— state that it is made in connection with a…

Disclosures to the NCA

— Regulation 339ZA — Disclosures to the NCA Where a disclosure is made under this Part to a constable or an officer of Revenue and Customs, the constable or…

Acquisition, use and possession

— Regulation 329 — Acquisition, use and possession A person commits an offence if he— acquires criminal property; uses criminal property; has possession of…

Nominated officer: consent

— Regulation 336 — Nominated officer: consent A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition…

Proceedings under section 336A: supplementary

— Regulation 336B — Proceedings under section 336A: supplementary This section applies to proceedings on an application under section 336A. The court must…

Section 339ZB: supplementary

— Regulation 339ZF — Section 339ZB: supplementary A relevant disclosure made in good faith does not breach— an obligation of confidence owed by the person…

Arrangements

— Regulation 328 — Arrangements A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by…

Appeals

— Regulation 339ZJ — Appeals An appeal from a decision on an application for an information order lies to the relevant appeal court. An appeal under this…

Penalties

— Regulation 334 — Penalties A person guilty of an offence under section 327, 328 or 329 is liable— on summary conviction, to imprisonment for a term not…

Interpretation of sections 333A to 333D

— Regulation 333E — Interpretation of sections 333A to 333D For the purposes of sections 333A to 333D, Schedule 9 has effect for determining— what is a…

Failure to disclose: other nominated officers

— Regulation 332 — Failure to disclose: other nominated officers A person nominated to receive disclosures under section 337 or 338 commits an offence if the…

Threshold amounts

— Regulation 339A — Threshold amounts In this section— subsections (2) to (6) apply for the purposes of sections 327(2C), 328 (5) and 329(2C), and subsection…

Information orders

— Regulation 339ZH — Information orders A magistrates' court or (in Scotland) the sheriff may, on an application made by a relevant person, make an information…

Power of court to extend the moratorium period

— Regulation 336A — Power of court to extend the moratorium period The court may, on an application under this section, grant an extension of a moratorium…

Statements

— Regulation 339ZI — Statements A statement made by a person in response to an information order may not be used in evidence against the person in criminal…

Concealing etc

— Regulation 327 — Concealing etc A person commits an offence if he— conceals criminal property; disguises criminal property; converts criminal property…

Failure to disclose: nominated officers in the regulated sector

— Regulation 331 — Failure to disclose: nominated officers in the regulated sector A person nominated to receive disclosures under section 330 commits an…

Disclosures within an undertaking or group etc

— Regulation 333B — Disclosures within an undertaking or group etc An employee, officer or partner of an undertaking does not commit an offence under section…

Tipping off: regulated sector

— Regulation 333A — Tipping off: regulated sector A person commits an offence if— the person discloses any matter within subsection (2); the disclosure is…

Other permitted disclosures etc

— Regulation 333D — Other permitted disclosures etc A person does not commit an offence under section 333A if the disclosure is— to the authority that is the…

Code of practice about certain information orders

— Regulation 339ZL — Code of practice about certain information orders The Secretary of State must make a code of practice in connection with the exercise of…

Failure to disclose: regulated sector

— Regulation 330 — Failure to disclose: regulated sector A person commits an offence if the conditions in subsections (2) to (4) are satisfied. The first…

Sections 339ZB to 339ZF: interpretation

— Regulation 339ZG — Sections 339ZB to 339ZF: interpretation This section applies for the purposes of sections 339ZB to 339ZF. “Disclosure request” means a…

Voluntary disclosures within the regulated sector

— Regulation 339ZB — Voluntary disclosures within the regulated sector A person (A) may disclose information to one or more other persons if conditions 1 to 4…

Interpretation

— Regulation 340 — Interpretation This section applies for the purposes of this Part. Criminal conduct is conduct which— constitutes an offence in any part of…

Tipping off

— Regulation 333 — Tipping off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitations on application of section 339ZD(2) and (3)

— Regulation 339ZE — Limitations on application of section 339ZD(2) and (3) Subsections (2) and (3) apply in a case where the required notification is made by…

Other permitted disclosures between institutions etc

— Regulation 333C — Other permitted disclosures between institutions etc This section applies to a disclosure— by a credit institution to another credit…

Sections 336A to 336C: interpretation

— Regulation 336D — Sections 336A to 336C: interpretation This section provides for the meaning of terms used in sections 336A to 336C (and in this section)…

Protected disclosures

— Regulation 337 — Protected disclosures A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the…

Form and manner of disclosures

— Regulation 339 — Form and manner of disclosures The Secretary of State may by order prescribe the form and manner in which a disclosure under section 330…

Authorised disclosures

— Regulation 338 — Authorised disclosures For the purposes of this Part a disclosure is authorised if— it is a disclosure to a constable, a customs officer or…

Appropriate consent

— Regulation 335 — Appropriate consent The appropriate consent is— the consent of a nominated officer to do a prohibited act if an authorised disclosure is…

Extension of moratorium period pending determination of proceedings etc

— Regulation 336C — Extension of moratorium period pending determination of proceedings etc A moratorium period is extended in accordance with subsection (2)…

Interpretation

— Regulation 340 — Interpretation legal estate or equitable interest or power; references to an interest, in relation to land in Scotland, are to any estate…

Sections 336A to 336C: interpretation

— Regulation 336D — Sections 336A to 336C: interpretation (10)) in relation to which the moratorium period in question applies. In the case of an application…

Threshold amounts

— Regulation 339A — Threshold amounts (2). The threshold amount for acts done by a person carrying on business in the regulated sector, for the purposes of the…

Nominated officer: consent

— Regulation 336 — Nominated officer: consent (4) is satisfied, and he knows or suspects that the act is a prohibited act. A person guilty of such an offence…

Failure to disclose: regulated sector

— Regulation 330 — Failure to disclose: regulated sector (3). The laundered property is the property forming the subject-matter of the money laundering that he…

Appropriate consent

— Regulation 335 — Appropriate consent (6) is subject to— section 336A, which enables the moratorium period to be extended by court order in accordance with…

Information orders

— Regulation 339ZH — Information orders request in determining any matter in connection with the disclosure, and it is reasonable in all the circumstances for…

Form and manner of disclosures

— Regulation 339 — Form and manner of disclosures (2) is not to be taken to breach any restriction on the disclosure of information (however imposed)…

Failure to disclose: other nominated officers

— Regulation 332 — Failure to disclose: other nominated officers (3). The laundered property is the property forming the subject-matter of the money laundering…

Concealing etc

— Regulation 327 — Concealing etc (1) does not commit an offence under that subsection if— it does the act in operating an account maintained with it, and the…

Section 339ZB: disclosure requests and required notifications

— Regulation 339ZC — Section 339ZB: disclosure requests and required notifications (3)(b), the required notification must— state that a disclosure request has…

Arrangements

— Regulation 328 — Arrangements (1) does not commit an offence under that subsection if— it does the act in operating an account maintained with it, and the…

Power of court to extend the moratorium period

— Regulation 336A — Power of court to extend the moratorium period (4) apply to any further extension of a moratorium period as they apply to the first…

Extension of moratorium period pending determination of proceedings etc

— Regulation 336C — Extension of moratorium period pending determination of proceedings etc (7) where— an application is made to the court under section 336A…

Section 339ZB: effect on required disclosures under section 330 or 331

— Regulation 339ZD — Section 339ZB: effect on required disclosures under section 330 or 331 (1) in connection with a suspicion of a person's engagement in…

Failure to disclose: nominated officers in the regulated sector

— Regulation 331 — Failure to disclose: nominated officers in the regulated sector (2), if disclosed to him under section 330, the whereabouts of the laundered…

Acquisition, use and possession

— Regulation 329 — Acquisition, use and possession (1) does not commit an offence under that subsection if— it does the act in operating an account maintained…

Authorised disclosures

— Regulation 338 — Authorised disclosures made in the course of the alleged offender’s employment .... References to the prohibited act are to an act mentioned…

Proceedings under section 336A: supplementary

— Regulation 336B — Proceedings under section 336A: supplementary (7)). The appropriate appeal court is— in the case of a decision of the Crown Court in…

Limitations on application of section 339ZD(2) and (3)

— Regulation 339ZE — Limitations on application of section 339ZD(2) and (3) (2) has effect in the case of B only so far as relating to— the suspicion in…

Code of practice about certain information orders

— Regulation 339ZL — Code of practice about certain information orders (5) apply to a revised code as they apply to the original code. A failure by a person to…

Other permitted disclosures etc

— Regulation 333D — Other permitted disclosures etc (1)(b). A person does not commit an offence under section 333A (3) if the person does not know or suspect…

Interpretation

— Regulation 340 — Interpretation (14)(a)— the reference to the activity of accepting deposits is a reference to that activity so far as it is, for the time…

Information orders

— Regulation 339ZH — Information orders (5), “external request” means a request made by an authority of a foreign country which has responsibility in that…

Concealing etc

— Regulation 327 — Concealing etc (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I…

Acquisition, use and possession

— Regulation 329 — Acquisition, use and possession (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)…

Failure to disclose: nominated officers in the regulated sector

— Regulation 331 — Failure to disclose: nominated officers in the regulated sector (3) consists of or includes information that was obtained only in…

Arrangements

— Regulation 328 — Arrangements (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I…

Failure to disclose: regulated sector

— Regulation 330 — Failure to disclose: regulated sector (3) comes to the person in connection with the provision of such assistance or support, and the…

Information orders

— Regulation 339ZH — Information orders made only for the purpose of assisting the foreign FIU to conduct one or both of the following— operational analysis of…

Acquisition, use and possession

— Regulation 329 — Acquisition, use and possession (1) does not commit an offence under that subsection if— P is carrying on business in the regulated sector…

Failure to disclose: regulated sector

— Regulation 330 — Failure to disclose: regulated sector (1) of Schedule 3B to the Social Security Administration Act 1992, and but for the information so…

Concealing etc

— Regulation 327 — Concealing etc (1) does not commit an offence under that subsection if— P is carrying on business in the regulated sector, P does the act in…

Acquisition, use and possession

— Regulation 329 — Acquisition, use and possession than the value of the use or possession; the provision by a person of goods or services which he knows or…

Failure to disclose: regulated sector

— Regulation 330 — Failure to disclose: regulated sector (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure— is…

Information orders

— Regulation 339ZH — Information orders £5,000. The sum mentioned in subsection (8) is to be treated as adjudged to be paid by a conviction of the court for…