303Z65 Powers for prosecutors to appear in proceedings
(1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director—
(a) is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and
(b) considers it appropriate to do so.
(2) The Director of Public Prosecutions may appear for the Commissioners for His Majesty’s Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director—
(a) is asked by, or on behalf of, the Commissioners for His Majesty’s Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and
(b) considers it appropriate to do so.
(3) The Directors may charge fees for the provision of services under this section.
(4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.
(1) In this Chapter—
“converted cryptoassets” is to be read in accordance with sections 303Z57 and 303Z58;
“crypto wallet freezing order” has the same meaning as in Chapter 3D (see section 303Z36);
“enforcement officer” has the meaning given by section 303Z20;
“relevant court” means—
in England and Wales and Northern Ireland, a magistrates’ court, and
in Scotland, the sheriff;
“relevant financial institution” has the meaning given by section 303Z1(6);
“UK-connected cryptoasset service provider” has the meaning given by section 303Z36.
(2) Section 303Z36(4)(b) applies in relation to this Chapter as it applies in relation to Chapter 3D.
(3) In this Chapter references to the conversion of cryptoassets into money are references to the conversion of cryptoassets into—
(a) cash, or
(b) money held in an account maintained with a relevant financial institution.
(1) Property obtained through unlawful conduct is recoverable property.
(2) But if property obtained through unlawful conduct has been disposed of (since it was so obtained), it is recoverable property only if it is held by a person into whose hands it may be followed.
(3) Recoverable property obtained through unlawful conduct may be followed into the hands of a person obtaining it on a disposal by—
(a) the person who through the conduct obtained the property, or
(b) a person into whose hands it may (by virtue of this subsection) be followed.
(1) Where property obtained through unlawful conduct (“the original property”) is or has been recoverable, property which represents the original property is also recoverable property.
(2) If a person enters into a transaction by which—
(a) he disposes of recoverable property, whether the original property or property which (by virtue of this Chapter) represents the original property, and
(b) he obtains other property in place of it,
the other property represents the original property.
(3) If a person disposes of recoverable property which represents the original property, the property may be followed into the hands of the person who obtains it (and it continues to represent the original property).
(1) Subsection (2) applies if a person’s recoverable property is mixed with other property (whether his property or another’s).
(2) The portion of the mixed property which is attributable to the recoverable property represents the property obtained through unlawful conduct.
(3) Recoverable property is mixed with other property if (for example) it is used—
(a) to increase funds held in a bank account,
(b) in part payment for the acquisition of an asset,
(c) for the restoration or improvement of land,
(ca) for the discharge (in whole or in part) of a mortgage, charge or other security,
(d) by a person holding a leasehold interest in the property to acquire the freehold.
(1) This section applies where a person who has recoverable property obtains further property consisting of profits accruing in respect of the recoverable property.
(2) The further property is to be treated as representing the property obtained through unlawful conduct.
(1) If—
(a) a person disposes of recoverable property, and
(b) the person who obtains it on the disposal does so in good faith, for value and without notice that it was recoverable property,
the property may not be followed into that person’s hands and, accordingly, it ceases to be recoverable.
(2) If recoverable property is vested, forfeited or otherwise disposed of in pursuance of powers conferred by virtue of this Part, it ceases to be recoverable.
(3) If—
(a) in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant,
(b) the claimant’s claim is based on the defendant’s unlawful conduct, and
(c) apart from this subsection, the sum received, or the property obtained, by the claimant would be recoverable property,
the property ceases to be recoverable.
In relation to Scotland, “claimant” and “defendant” are to be read as “pursuer” and “defender”.
(4) If—
(a) a payment is made to a person in pursuance of a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)), section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or Chapter 2 of Part 7 of the Sentencing Code or in pursuance of a service compensation order under the Armed Forces Act 2006, and
(b) apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
(4A) If—
(a) a payment is made to a person in pursuance of a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015, and
(b) apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
(4A) If—
(a) a payment is made to a person in pursuance of a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, and
(b) apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
(5) If—
(a) a payment is made to a person in pursuance of a restitution order under section 27 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) or Chapter 3 of Part 7 of the Sentencing Code or a person otherwise obtains any property in pursuance of such an order, and
(b) apart from this subsection, the sum received, or the property obtained, would be recoverable property,
the property ceases to be recoverable.
(6) If—
(a) in pursuance of an order made by the court under section 382(3) or 383(5) of the Financial Services and Markets Act 2000 (c. 8) (restitution orders), an amount is paid to or distributed among any persons in accordance with the court’s directions, and
(b) apart from this subsection, the sum received by them would be recoverable property,
the property ceases to be recoverable.
(7) If—
(a) in pursuance of a requirement of the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England under or by virtue of section 384(5) of the Financial Services and Markets Act 2000 (power ... to require restitution), an amount is paid to or distributed among any persons, and
(b) apart from this subsection, the sum received by them would be recoverable property,
the property ceases to be recoverable.
(7A) If—
(a) a payment is made to a person in pursuance of an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013, and
(b) apart from this subsection, the sum received would be recoverable property,
the property ceases to be recoverable.
(8) Property is not recoverable while a restraint order applies to it, that is—
(a) an order under section 41, 120 or 190, or
(b) an order under any corresponding provision of an enactment mentioned in section 8(7)(a) to (g).
(8A) Property is not recoverable while it is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P.
(9) Property is not recoverable if it has been taken into account in deciding the amount of a person’s benefit from criminal conduct for the purpose of making a confiscation order, that is—
(a) an order under section 6, 92 or 156, or
(b) an order under a corresponding provision of an enactment mentioned in section 8(7)(a) to (g),
and, in relation to an order mentioned in paragraph (b), the reference to the amount of a person’s benefit from criminal conduct is to be read as a reference to the corresponding amount under the enactment in question.
(10) Where—
(a) a person enters into a transaction to which section 305(2) applies, and
(b) the disposal is one to which subsection (1) or (2) applies,
this section does not affect the recoverability (by virtue of section 305(2)) of any property obtained on the transaction in place of the property disposed of.
(1) An order may provide that property is not recoverable or (as the case may be) associated property if—
(a) it is prescribed property, or
(b) it is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description.
(2) An order may provide that if property is disposed of in pursuance of a prescribed enactment or an enactment of a prescribed description, it is to be treated for the purposes of section 278 as if it had been disposed of in pursuance of a recovery order.
(3) An order under this section may be made so as to apply to property, or a disposal of property, only in prescribed circumstances; and the circumstances may relate to the property or disposal itself or to a person who holds or has held the property or to any other matter.
(4) In this section, an order means an order made by the Secretary of State after consultation with the Scottish Ministers and the Department of Justice, and prescribed means prescribed by the order.
(1) If a person grants an interest in his recoverable property, the question whether the interest is also recoverable is to be determined in the same manner as it is on any other disposal of recoverable property.
(2) Accordingly, on his granting an interest in the property (“the property in question”)—
(a) where the property in question is property obtained through unlawful conduct, the interest is also to be treated as obtained through that conduct,
(b) where the property in question represents in his hands property obtained through unlawful conduct, the interest is also to be treated as representing in his hands the property so obtained.
(1) Proceedings for a recovery order may not be taken or continued in respect of property to which subsection (3) applies unless the appropriate court gives leave and the proceedings are taken or (as the case may be) continued in accordance with any terms imposed by that court.
(2) An application for an order for the further detention of any cash to which subsection (3) applies may not be made under section 295 unless the appropriate court gives leave.
(2A) An application for an order for the further detention of any property to which subsection (3) applies may not be made under section 303L unless the appropriate court gives leave.
(2B) An application for the making of an account freezing order under section 303Z3 in respect of an account in which is held money to which subsection (3) applies, or an application under section 303Z4 for the extension of the period specified in such an order, may not be made unless the appropriate court gives leave.
(3) This subsection applies to recoverable property, or property associated with it, if—
(a) it is an asset of a company being wound up in pursuance of a resolution for voluntary winding up,
(b) it is an asset of a company and a voluntary arrangement under Part 1 of the 1986 Act, or Part 2 of the 1989 Order, has effect in relation to the company,
(c) an order under section 286 of the 1986 Act, Article 259 of the 1989 Order or section 54 of the 2016 Act (appointment of interim trustee or interim receiver) has effect in relation to the property,
(d) it is an asset comprised in the estate of an individual who has been made bankrupt or, in relation to Scotland, of a person whose estate has been sequestrated,
(e) it is an asset of an individual and a voluntary arrangement under Part 8 of the 1986 Act, or Part 8 of the 1989 Order, has effect in relation to him, or
(f) in relation to Scotland, it is property comprised in the estate of a person who has granted a trust deed within the meaning of the 2016 Act.
(4) An application under this section, or under any provision of the 1986 Act or the 1989 Order, for leave to take proceedings for a recovery order , or to apply for an account freezing order under section 303Z3, may be made without notice to any person.
(5) Subsection (4) does not affect any requirement for notice of an application to be given to any person acting as an insolvency practitioner or to the official receiver (whether or not acting as an insolvency practitioner).
(6) References to the provisions of the 1986 Act in sections 420 and 421 of that Act, or to the provisions of the 1989 Order in Articles 364 or 365 of that Order, (insolvent partnerships and estates of deceased persons) include subsections (1) to (3) above.
(7) In this section—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the 1986 Act means the Insolvency Act 1986 (c. 45),
(c) the 1989 Order means the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
(d) the 2016 Act means the Bankruptcy (Scotland) Act 2016
and in subsection (8) “the applicable enactment” means whichever enactment mentioned in paragraphs (b) to (d) is relevant to the resolution, arrangement, order or trust deed mentioned in subsection (3).
(8) In this section—
(a) an asset means any property within the meaning of the applicable enactment or, where the 2016 Act is the applicable enactment, any property comprised in an estate to which that Act applies,
(b) the appropriate court means the court which, in relation to the resolution, arrangement, order or trust deed mentioned in subsection (3), is the court for the purposes of the applicable enactment or, in relation to Northern Ireland, the High Court,
(c) acting as an insolvency practitioner has the same meaning as in section 433,
(d) other expressions used in this section and in the applicable enactment have the same meaning as in that enactment.
(1) This section applies where an accredited financial investigator of a particular description—
(a) applies for an order under section 303Z28, 303Z32, 303Z57 or 303Z58 (further detention of cryptoassets etc),
(b) applies for forfeiture under section 303Z41 or 303Z60 (forfeiture of cryptoassets etc), or
(c) brings an appeal under, or relating to, Chapter 3E or 3F (cryptoassets etc).
(2) Any subsequent step in the application or appeal, or any further application or appeal relating to the same matter, may be taken, made or brought by a different accredited financial investigator of the same description.
312 Performance of functions of Scottish Ministers by constables in Scotland
(1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers.
(2) The specified functions are the functions conferred on the Scottish Ministers by—
(a) sections 244(1) and (2) and 256(1) and (7) (proceedings in the Court of Session),
(b) section 267(2) (trustee for civil recovery),
(c) sections 271 and 272(5) (agreements about associated and joint property),
(d) section 275(3) (pension schemes),
(e) section 282(1) (exemptions),
(f) section 283(5) and (8) (compensation),
(g) section 287(2) (financial threshold),
(h) section 293(1) (code of practice),
(i) section 298(1) (forfeiture),
(j) section 303(1) (minimum amount).
(k) section 303B(3) (listed asset);
(l) section 303H(1) (code of practice);
(m) section 303O(1)(b) (forfeiture);
(n) section 303Y(3) (minimum value);
(o) section 303Z8(3) (minimum amount);
(p) section 303Z14(2)(b) (forfeiture).
(q) section 303Z20(3) (cryptoassets);
(r) section 303Z25 (codes of practice);
(s) section 303Z28(5)(b) (further detention of seized cryptoasset-related items);
(t) section 303Z32(5)(b) (further detention of seized cryptoassets);
(u) section 303Z34(4) and (5)(b)(i) (release of cryptoassets and cryptoasset-related items);
(v) section 303Z35(5) (crypto wallets);
(w) section 303Z41(2)(b) (forfeiture of cryptoassets);
(x) section 303Z42(10) (forfeiture of cryptoassets: supplementary);
(y) section 303Z44 (agreements about associated and joint property);
(z) section 303Z45(10) (associated and joint property: default of agreement);
(z1) section 303Z46(2) (continuation of crypto wallet freezing order pending appeal);
(z2) section 303Z47(1) (sections 303Z41 to 303Z45: appeals);
(z3) section 303Z57(7)(b) (detained cryptoassets: detention of proceeds of conversion);
(z4) section 303Z58(6)(b) (frozen crypto wallets: detention of proceeds of conversion);
(z5) section 303Z60(2) (forfeiture of converted cryptoassets);
(z6) section 303Z61(1) (appeal against decision under section 303Z60).
(1) References to a person disposing of his property include a reference—
(a) to his disposing of a part of it, or
(b) to his granting an interest in it,
(or to both); and references to the property disposed of are to any property obtained on the disposal.
(2) A person who makes a payment to another is to be treated as making a disposal of his property to the other, whatever form the payment takes.
(3) Where a person’s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other.
(4) A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration.
In relation to the practice and procedure of courts in Northern Ireland, expressions used in this Part are to be read in accordance with rules of court.
(1) In this Part—
“account forfeiture notice” (in Chapter 3B) has the meaning given by section 303Z9(3),
“account freezing order” (in Chapter 3B) account forfeiture notice ” (in Chapter 3B) has the meaning given by section 303Z1(3)(a),
“associated property” (in Chapter 2) has the meaning given by section 245,
“bank” (in Chapter 3B) has the meaning given by section 303Z7,
“building society” (in Chapter 3B) has the meaning given by section 303Z1(6),
“cash” has the meaning given by section 289(6) or (7),
“constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32),
“country” includes territory,
“the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A , 3B, 3C, 3D, 3E and 3F ) means the High Court or (in relation to proceedings in Scotland) the Court of Session,
“cryptoasset” has the meaning given by section 303Z20;
“crypto wallet” has the meaning given by section 303Z20;
“dealing” with property includes disposing of it, taking possession of it or removing it from the United Kingdom,
“the Department of Justice” means the Department of Justice in Northern Ireland;
“electronic money institution” (in Chapter 3B) has the meaning given by section 303Z1(6),
“enforcement authority”—
in relation to England and Wales, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency, the Director of Public Prosecutions ... or the Director of the Serious Fraud Office,
in relation to Scotland, means the Scottish Ministers,
in relation to Northern Ireland, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,
“enforcement officer” (in Chapter 3B) has the meaning given by section 303Z1(6),
“excepted joint owner” has the meaning given by section 270(4),
“interest”, in relation to land—
in the case of land in England and Wales or Northern Ireland, means any legal estate and any equitable interest or power,
in the case of land in Scotland, means any estate, interest, servitude or other heritable right in or over land, including a heritable security,
“interest”, in relation to property other than land, includes any right (including a right to possession of the property),
“interim administration order” has the meaning given by section 256(2),
“interim receiving order” has the meaning given by section 246(2),
“justice of the peace”, in relation to Northern Ireland, means lay magistrate;
“listed asset” (in Chapter 3A) has the meaning given by section 303B,
“the minimum amount” (in Chapter 3) has the meaning given by section 303,
“the minimum amount” (in Chapter 3B) has the meaning given by section 303Z8
“the minimum value” (in Chapter 3A) has the meaning given by section 303Y,
“part”, in relation to property, includes a portion,
“payment institution” (in Chapter 3B) has the meaning given by section 303Z1(6),
“PPO receiver” has the meaning given by section 255G(2);
“premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60),
“prohibitory property order” has the meaning given by section 255A(2);
“property freezing order” has the meaning given by section 245A(2);
“property obtained through unlawful conduct” has the meaning given by section 242,
“recoverable property” is to be read in accordance with sections 304 to 310,
“recovery order” means an order made under section 266,
“relevant court” has the meaning given by section 303Z1(6),
“relevant financial institution” (in Chapter 3B) has the meaning given by section 303Z1(6),
“relevant officer” (in Chapter 3A) has the meaning given by section 303C(9),
“respondent” means—
where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought,
where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings,
“senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4),
“share”, in relation to an excepted joint owner, has the meaning given by section 270(4),
“unlawful conduct” has the meaning given by section 241,
“value” means market value.
(2) The following provisions apply for the purposes of this Part.
(3) For the purpose of deciding whether or not property was recoverable at any time (including times before commencement), it is to be assumed that this Part was in force at that and any other relevant time.
(4) Property is all property wherever situated and includes—
(a) money,
(b) all forms of property, real or personal, heritable or moveable,
(c) things in action and other intangible or incorporeal property.
(5) Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows.
(6) In relation to land, it is a reference to any interest which he holds in the land.
(7) In relation to property other than land, it is a reference—
(a) to the property (if it belongs to him), or
(b) to any other interest which he holds in the property.
(8) References to the satisfaction of the enforcement authority’s right to recover property obtained through unlawful conduct are to be read in accordance with section 279.
(8A) In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.
(8B) An enforcement authority in relation to a part of the United Kingdom may take proceedings there for an order under Chapter 2 of this Part in respect of any property or person, whether or not the property or person is (or is domiciled, resident or present) in that part of the United Kingdom.
(9) Proceedings against any person for an offence are concluded when—
(a) the person is convicted or acquitted,
(b) the prosecution is discontinued or, in Scotland, the trial diet is deserted simpliciter, or
(c) the jury is discharged without a finding otherwise than in circumstances where the proceedings are continued without a jury.
(10) References (in Chapter 3B) to an account being operated by or for a person are to be read in accordance with section 303Z1(3)(b).
317 The National Crime Agency's general Revenue functions
(1) For the purposes of this section the qualifying condition is that the National Crime Agency has reasonable grounds to suspect that—
(a) income arising or a gain accruing to a person in respect of a chargeable period is chargeable to income tax or is a chargeable gain (as the case may be) and arises or accrues as a result of the person’s or another’s criminal conduct (whether wholly or partly and whether directly or indirectly), or
(b) a company is chargeable to corporation tax on its profits arising in respect of a chargeable period and the profits arise as a result of the company’s or another person’s criminal conduct (whether wholly or partly and whether directly or indirectly).
(2) If the qualifying condition is satisfied the National Crime Agency may serve on the Commissioners of Inland Revenue (the Board) a notice which—
(a) specifies the person or the company (as the case may be) and the period, and
(b) states that the National Crime Agency intends to carry out, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice.
(3) Service of a notice under subsection (2) vests in the National Crime Agency, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice; but this is subject to section 318.
(4) the National Crime Agency—
(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
(5) A notice under subsection (2) and a notice of withdrawal under subsection (4) may be in respect of one or more periods.
(6) Service of a notice under subsection (4) divests the National Crime Agency of the functions concerned in relation to the person or the company (as the case may be) and in respect of the period or periods specified in the notice.
(7) The vesting of a function in the National Crime Agency under this section does not divest the Board or an officer of the Board of the function.
(8) If—
(a) apart from this section the Board’s authorisation would be required for the exercise of a function, and
(b) the function is vested in the National Crime Agency under this section,
the authorisation is not required in relation to the function as so vested.
(9) It is immaterial whether a chargeable period or any part of it falls before or after the passing of this Act.
(1) Subsection (2) applies if—
(a) the National Crime Agency serves a notice or notices under section 317(2) in relation to a company and in respect of a period or periods, and
(b) the company is an employer.
(2) The general Revenue functions vested in the National Crime Agency do not include functions relating to any requirement which—
(a) is imposed on the company in its capacity as employer, and
(b) relates to a year of assessment which does not fall wholly within the period or periods.
(3) Subsection (4) applies if—
(a) the National Crime Agency serves a notice or notices under section 317(2) in relation to an individual and in respect of a year or years of assessment, and
(b) the individual is a self-employed earner.
(4) The general Revenue functions vested in the National Crime Agency do not include functions relating to any liability to pay Class 2 contributions in respect of a period which does not fall wholly within the year or years of assessment.
(5) In this section in its application to Great Britain—
(a) “self-employed earner” has the meaning given by section 2(1)(b) of the Social Security Contributions and Benefits Act 1992 (c. 4);
(b) “Class 2 contributions” must be construed in accordance with section 1(2)(c) of that Act.
(6) In this section in its application to Northern Ireland—
(a) “self-employed earner” has the meaning given by section 2(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
(b) “Class 2 contributions” must be construed in accordance with section 1(2)(c) of that Act.
(1) For the purpose of the exercise by the National Crime Agency of any function vested in it by virtue of this Part it is immaterial that the National Crime Agency cannot identify a source for any income.
(2) An assessment made by the National Crime Agency under section 29 of the Taxes Management Act 1970 (c. 9) (assessment where loss of tax discovered) in respect of income charged to tax under Chapter 8 of Part 5 of the Income Tax (Trading and Other Income) Act 2005 must not be reduced or quashed only because it does not specify (to any extent) the source of the income.
(3) If the National Crime Agency serves on the Board a notice of withdrawal under section 317(4), any assessment made by the National Crime Agency under section 29 of the Taxes Management Act 1970 is invalid to the extent that it does not specify a source for the income.
(4) Subsections (2) and (3) apply in respect of years of assessment whenever occurring.
321 The National Crime Agency's functions: transfers of value
(1) For the purposes of this section the qualifying condition is that the National Crime Agency has reasonable grounds to suspect that—
(a) there has been a transfer of value within the meaning of the Inheritance Tax Act 1984 (c. 51), and
(b) the value transferred by the transfer of value is attributable (in whole or part) to criminal property.
(2) If the qualifying condition is satisfied the National Crime Agency may serve on the Board a notice which—
(a) specifies the transfer of value, and
(b) states that the National Crime Agency intends to carry out the Revenue inheritance tax functions in relation to the transfer.
(3) Service of a notice under subsection (2) vests in the National Crime Agency the Revenue inheritance tax functions in relation to the transfer.
(4) the National Crime Agency—
(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
(5) Service of a notice under subsection (4) divests the National Crime Agency of the Revenue inheritance tax functions in relation to the transfer.
(6) The vesting of a function in the National Crime Agency under this section does not divest the Board or an officer of the Board of the function.
(7) It is immaterial whether a transfer of value is suspected to have occurred before or after the passing of this Act.
322 The National Crime Agency's functions: certain settlements
(1) For the purposes of this section the qualifying condition is that the National Crime Agency has reasonable grounds to suspect that—
(a) all or part of the property comprised in a settlement is relevant property for the purposes of Chapter 3 of Part 3 of the Inheritance Tax Act 1984 (settlements without interest in possession), and
(b) the relevant property is (in whole or part) criminal property.
(2) If the qualifying condition is satisfied the National Crime Agency may serve on the Board a notice which—
(a) specifies the settlement concerned,
(b) states that the National Crime Agency intends to carry out the Revenue inheritance tax functions in relation to the settlement, and
(c) states the period for which the National Crime Agency intends to carry them out.
(3) Service of a notice under subsection (2) vests in the National Crime Agency the Revenue inheritance tax functions in relation to the settlement for the period.
(4) the National Crime Agency—
(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
(5) Service of a notice under subsection (4) divests the National Crime Agency of the Revenue inheritance tax functions in relation to the settlement for the period.
(6) The vesting of a function in the National Crime Agency under this section does not divest the Board or an officer of the Board of the function.
(7) It is immaterial whether the settlement is commenced or a charge to tax arises or a period or any part of it falls before or after the passing of this Act.
(1) The general Revenue functions are such of the functions vested in the Board or in an officer of the Board as relate to any of the following matters—
(a) income tax;
(b) capital gains tax;
(c) corporation tax;
(d) national insurance contributions;
(e) statutory sick pay;
(f) statutory maternity pay;
(g) ... statutory paternity pay;
(ga) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) statutory adoption pay;
(ha) statutory shared parental pay;
(hb) statutory parental bereavement pay;
(hc) statutory neonatal care pay;
(i) student loans.
(2) The Revenue inheritance tax functions are such functions vested in the Board or in an officer of the Board as relate to inheritance tax.
(3) But the general Revenue functions and the Revenue inheritance tax functions do not include any of the following functions—
(a) functions relating to the making of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30));
(b) the function of the prosecution of offences;
(c) the function of authorising an officer for the purposes of section 20BA of the Taxes Management Act 1970 (c. 9) (orders for delivery of documents);
(d) the function of giving information under that section;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this section in its application to Great Britain—
(a) national insurance contributions are contributions payable under Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4);
(b) “statutory sick pay” must be construed in accordance with section 151(1) of that Act;
(c) “statutory maternity pay” must be construed in accordance with section 164(1) of that Act;
(d) “statutory paternity pay” must be construed in accordance with sections 171ZA and 171ZB of that Act;
(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) “statutory adoption pay” must be construed in accordance with section 171ZL of that Act;
(ea) statutory shared parental pay” must be construed in accordance with sections 171ZU and 171ZV of that Act;
(eb) “statutory parental bereavement pay” must be construed in accordance with section 171ZZ6 of that Act;
(ec) “statutory neonatal care pay” must be construed in accordance with section 171ZZ16 of that Act;
(f) “student loans” must be construed in accordance with the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944).
(5) For the purposes of this section in its application to Northern Ireland—
(a) national insurance contributions are contributions payable under Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);
(b) “statutory sick pay” must be construed in accordance with section 147(1) of that Act;
(c) “statutory maternity pay” must be construed in accordance with section 160(1) of that Act;
(d) statutory paternity pay must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZA of the Social Security Contributions and Benefits Act 1992;
(e) “statutory adoption pay” must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZB of that Act;
(ea) statutory shared parental pay” must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZC of that Act;
(eb) “statutory parental bereavement pay” must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZD of that Act;
(ec) “statutory neonatal care pay” must be construed in accordance with any Northern Ireland legislation which corresponds to Part 12ZE of that Act;
(f) “student loans” must be construed in accordance with the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (S.R. 2000/121).
(1) This section applies in relation to the exercise by the National Crime Agency of—
(a) general Revenue functions;
(b) Revenue inheritance tax functions.
(2) Section 2B(2) does not apply.
(3) the National Crime Agency must apply—
(a) any interpretation of the law which has been published by the Board;
(b) any concession which has been published by the Board and which is available generally to any person falling within its terms.
(4) the National Crime Agency must also take account of any material published by the Board which does not fall within subsection (3).
(5) the National Crime Agency must provide the Board with such documents and information as the Board consider appropriate.
(6) “Concession” includes any practice, interpretation or other statement in the nature of a concession.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Every National Crime Agency officer who is assigned to carry out any function of the National Crime Agency under this Part must, as soon as practicable after being so assigned, make a declaration in the form set out in Schedule 8 before a person nominated by the Director General of the National Crime Agency for the purpose.
(1) Criminal conduct is conduct which—
(a) constitutes an offence in any part of the United Kingdom, or
(b) would constitute an offence in any part of the United Kingdom if it occurred there.
(2) But criminal conduct does not include conduct constituting an offence relating to a matter under the care and management of the Board.
(3) In applying subsection (1) it is immaterial whether conduct occurred before or after the passing of this Act.
(4) Property is criminal property if it constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly); and it is immaterial—
(a) who carried out the conduct;
(b) who benefited from it.
(5) A person benefits from conduct if he obtains property as a result of or in connection with the conduct.
(6) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.
(7) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other.
(8) If a person benefits from conduct his benefit is the property obtained as a result of or in connection with the conduct.
(9) Property is all property wherever situated and includes—
(a) money;
(b) all forms of property, real or personal, heritable or moveable;
(c) things in action and other intangible or incorporeal property.
(10) The following rules apply in relation to property—
(a) property is obtained by a person if he obtains an interest in it;
(b) references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
(c) references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
(d) references to an interest, in relation to property other than land, include references to a right (including a right to possession).
(11) Any reference to an officer of the Board includes a reference to—
(a) a collector of taxes;
(b) an inspector of taxes.
(12) Expressions used in this Part and in the Taxes Acts have the same meaning as in the Taxes Acts (within the meaning given by section 118 of the Taxes Management Act 1970 (c. 9)).
(13) This section applies for the purposes of this Part.
(1) A person commits an offence if he—
(a) conceals criminal property;
(b) disguises criminal property;
(c) converts criminal property;
(d) transfers criminal property;
(e) removes criminal property from England and Wales or from Scotland or from Northern Ireland.
(2) But a person does not commit such an offence if—
(a) he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;
(b) he intended to make such a disclosure but had a reasonable excuse for not doing so;
(c) the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.
(2A) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(2B) In subsection (2A) “ the relevant criminal conduct ” is the criminal conduct by reference to which the property concerned is criminal property.
(2C) A deposit-taking body , electronic money institution or payment institution that does an act mentioned in paragraph (c) or (d) of subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.
(2D) A person (“P”) who does an act mentioned in paragraph (c) or (d) of subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector that is not excluded business,
(b) P does the act, in the course of that business—
(i) in transferring or handing over to a customer or client money or other property of, or owing to, the customer or client, and
(ii) for the purposes of the termination of P’s business relationship with the customer or client,
(c) the total value of the criminal property so transferred or handed over to the customer or client by P for those purposes is less than the threshold amount determined under section 339A for the act, and
(d) before the act is done, P has complied with the customer due diligence duties.
(2E) For the purposes of subsection (2D)—
(a) business is “excluded” if it is of a description specified in regulations made by the Secretary of State for the purposes of this paragraph;
(b) a reference to property being transferred or handed over to the customer or client includes a reference to property being transferred or handed over to another person at the direction of the customer or client;
(c) “customer due diligence duties” means all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures).
(2F) A person (“P”) who does an act mentioned in paragraph (c), (d) or (e) of subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector,
(b) P does the act in the course of that business, on behalf of a customer or client, in operating an account or accounts maintained with P or in connection with holding any property for the customer or client,
(c) at the time of the act, P knows or suspects that part but not all of the funds in the account or accounts, or of the property so held, is criminal property (“the relevant criminal property”),
(d) it is not possible, at the time the act takes place, to identify the part of the funds or property that is the relevant criminal property, and
(e) the value of the funds in the account or accounts, or of the property so held, is not, as a direct or indirect result of the act, less than the value of the relevant criminal property at the time of the act.
(2G) Where subsection (2F) applies—
(a) if P does the act in operating an account or accounts, the funds in the account or accounts immediately after the act are assumed to include the relevant criminal property, and
(b) if P does the act in connection with holding any property for the customer or client, such of that property as is held by P immediately after the act is assumed to include the relevant criminal property.
(3) Concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
(1) A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.
(2) But a person does not commit such an offence if—
(a) he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;
(b) he intended to make such a disclosure but had a reasonable excuse for not doing so;
(c) the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.
(3) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(4) In subsection (3) “ the relevant criminal conduct ” is the criminal conduct by reference to which the property concerned is criminal property.
(5) A deposit-taking body , electronic money institution or payment institution that does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the arrangement facilitates the acquisition, retention, use or control of criminal property of a value that is less than the threshold amount determined under section 339A for the act.
(6) A person (“P”) who does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector that is not excluded business,
(b) P does the act, in the course of that business—
(i) in transferring or handing over to a customer or client money or other property of, or owing to, the customer or client, and
(ii) for the purposes of the termination of P’s business relationship with the customer or client,
(c) the total value of the criminal property so transferred or handed over to the customer or client by P for those purposes is less than the threshold amount determined under section 339A for the act, and
(d) before the act is done, P has complied with the customer due diligence duties.
(7) For the purposes of subsection (6)—
(a) business is “excluded” if it is of a description specified in regulations made by the Secretary of State for the purposes of this subsection;
(b) a reference to property being transferred or handed over to the customer or client includes a reference to property being transferred or handed over to another person at the direction of the customer or client;
(c) “customer due diligence duties” means all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures).
(8) A person (“P”) who does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector,
(b) P does the act in the course of that business, on behalf of a customer or client, in operating an account or accounts maintained with P or in connection with holding any property for the customer or client,
(c) at the time of the act, P knows or suspects that part but not all of the funds in the account or accounts, or of the property so held, is criminal property (“the relevant criminal property”),
(d) it is not possible, at the time the act takes place, to identify the part of the funds or property that is the relevant criminal property, and
(e) the value of the funds in the account or accounts, or of the property so held, is not, as a direct or indirect result of the act, less than the value of the relevant criminal property at the time of the act.
(9) Where subsection (8) applies—
(a) if P does the act in operating an account or accounts, the funds in the account or accounts immediately after the act are assumed to include the relevant criminal property, and
(b) if P does the act in connection with holding any property for the customer or client, such of that property as is held by P immediately after the act is assumed to include the relevant criminal property.
(1) A person commits an offence if he—
(a) acquires criminal property;
(b) uses criminal property;
(c) has possession of criminal property.
(2) But a person does not commit such an offence if—
(a) he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent;
(b) he intended to make such a disclosure but had a reasonable excuse for not doing so;
(c) he acquired or used or had possession of the property for adequate consideration;
(d) the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct.
(2A) Nor does a person commit an offence under subsection (1) if—
(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and
(ii) is not of a description prescribed by an order made by the Secretary of State.
(2B) In subsection (2A) “ the relevant criminal conduct ” is the criminal conduct by reference to which the property concerned is criminal property.
(2C) A deposit-taking body , electronic money institution or payment institution that does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.
(2D) A person (“P”) who does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector that is not excluded business,
(b) P does the act, in the course of that business—
(i) in transferring or handing over to the customer or client property of, or owing to, a customer or client, and
(ii) for the purposes of the termination of P’s business relationship with the customer or client,
(c) the total value of the criminal property so transferred or handed over to the customer or client by P for those purposes is less than the threshold amount determined under section 339A for the act, and
(d) before the act is done, P has complied with the customer due diligence duties.
(2E) For the purposes of subsection (2D)—
(a) business is “excluded” if it is of a description specified in regulations made by the Secretary of State for the purposes of this subsection;
(b) a reference to property being transferred or handed over to the customer or client includes a reference to property being transferred or handed over to another person at the direction of the customer or client;
(c) “customer due diligence duties” means all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures).
(2F) A person (“P”) who does an act mentioned in subsection (1) does not commit an offence under that subsection if—
(a) P is carrying on business in the regulated sector,
(b) P does the act in the course of that business, on behalf of a customer or client, in operating an account or accounts maintained with P or in connection with holding any property for the customer or client,
(c) at the time of the act, P knows or suspects that part but not all of the funds in the account or accounts, or of the property so held, is criminal property (“the relevant criminal property”),
(d) it is not possible, at the time the act takes place, to identify the part of the funds or property that is the relevant criminal property, and
(e) the value of the funds in the account or accounts, or of the property so held, is not, as a direct or indirect result of the act, less than the value of the relevant criminal property at the time of the act.
(2G) Where subsection (2F) applies—
(a) if P does the act in operating an account or accounts, the funds in the account or accounts immediately after the act are assumed to include the relevant criminal property, and
(b) if P does the act in connection with holding any property for the customer or client, such of that property as is held by P immediately after the act is assumed to include the relevant criminal property.
(3) For the purposes of this section—
(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;
(b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the use or possession;
(c) the provision by a person of goods or services which he knows or suspects may help another to carry out criminal conduct is not consideration.
(1) A person commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2) The first condition is that he—
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that another person is engaged in money laundering.
(3) The second condition is that the information or other matter—
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in the course of a business in the regulated sector.
(3A) The third condition is—
(a) that he can identify the other person mentioned in subsection (2) or the whereabouts of any of the laundered property, or
(b) that he believes, or it is reasonable to expect him to believe, that the information or other matter mentioned in subsection (3) will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to—
(a) a nominated officer, or
(b) a person authorised for the purposes of this Part by the Director General of the National Crime Agency,
as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if he knows it,
(b) the whereabouts of the laundered property, so far as he knows it, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.
(6) But he does not commit an offence under this section if—
(a) he has a reasonable excuse for not making the required disclosure,
(b) he is a professional legal adviser or ... relevant professional adviser and—
(i) if he knows either of the things mentioned in subsection (5)(a) and (b), he knows the thing because of information or other matter that came to him in privileged circumstances, or
(ii) the information or other matter mentioned in subsection (3) came to him in privileged circumstances, or
(c) subsection (7) or (7B) applies to him.
(7) This subsection applies to a person if—
(a) he does not know or suspect that another person is engaged in money laundering, and
(b) he has not been provided by his employer with such training as is specified by the Secretary of State by order for the purposes of this section.
(7B) This subsection applies to a person if—
(a) he is employed by, or is in partnership with, a professional legal adviser or a relevant professional adviser to provide the adviser with assistance or support,
(b) the information or other matter mentioned in subsection (3) comes to the person in connection with the provision of such assistance or support, and
(c) the information or other matter came to the adviser in privileged circumstances.
(7C) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(7D) Nor does a person commit an offence under this section if—
(a) the information or other matter mentioned in subsection (3) consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and
(b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering.
(7E) Nor does a person commit an offence under this section if—
(a) the information or other matter mentioned in subsection (3) consists of or includes information that was obtained only in consequence of complying with an eligibility verification notice given to the person under paragraph 1(1) of Schedule 3B to the Social Security Administration Act 1992, and
(b) but for the information so obtained the person would not know or suspect, or have reasonable grounds for knowing or suspecting, that another person is engaged in money laundering.
(8) In deciding whether a person committed an offence under this section the court must consider whether he followed any relevant guidance which was at the time concerned—
(a) issued by a supervisory authority or any other appropriate body,
(b) approved by the Treasury, and
(c) published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it.
(9) A disclosure to a nominated officer is a disclosure which—
(a) is made to a person nominated by the alleged offender’s employer to receive disclosures under this section, and
(b) is made in the course of the alleged offender’s employment ....
(9A) But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure—
(a) is a professional legal adviseror ... relevant professional adviser,
(b) makes it for the purpose of obtaining advice about making a disclosure under this section, and
(c) does not intend it to be a disclosure under this section.
(10) Information or other matter comes to a professional legal adviser or ... relevant professional adviser in privileged circumstances if it is communicated or given to him—
(a) by (or by a representative of) a client of his in connection with the giving by the adviser of legal advice to the client,
(b) by (or by a representative of) a person seeking legal advice from the adviser, or
(c) by a person in connection with legal proceedings or contemplated legal proceedings.
(11) But subsection (10) does not apply to information or other matter which is communicated or given with the intention of furthering a criminal purpose.
(12) Schedule 9 has effect for the purpose of determining what is—
(a) a business in the regulated sector;
(b) a supervisory authority.
(13) An appropriate body is any body which regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.
(14) A relevant professional adviser is an accountant, auditor or tax adviser who is a member of a professional body which is established for accountants, auditors or tax advisers (as the case may be) and which makes provision for—
(a) testing the competence of those seeking admission to membership of such a body as a condition for such admission; and
(b) imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards.
331 Failure to disclose: nominated officers in the regulated sector
(1) A person nominated to receive disclosures under section 330 commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2) The first condition is that he—
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that another person is engaged in money laundering.
(3) The second condition is that the information or other matter—
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in consequence of a disclosure made under section 330.
(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under section 330,
(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the National Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if disclosed to him under section 330,
(b) the whereabouts of the laundered property, so far as disclosed to him under section 330, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.
(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.
(6A) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(6B) Nor does a person commit an offence under this section if—
(a) the information or other matter disclosed to the person under section 330 consists of or includes information that was obtained only in consequence of the carrying out of a status check under section 40 of the Immigration Act 2014 or an immigration check under section 40A of that Act or both, and
(b) but for the information so obtained the person would not have reasonable grounds for knowing or suspecting that another person is engaged in money laundering.
(6C) Nor does a person commit an offence under this section if—
(a) the information or other matter mentioned in subsection (3) consists of or includes information that was obtained only in consequence of complying with an eligibility verification notice given to the person under paragraph 1(1) of Schedule 3B to the Social Security Administration Act 1992, and
(b) but for the information so obtained the person would not know or suspect, or have reasonable grounds for knowing or suspecting, that another person is engaged in money laundering.
(7) In deciding whether a person committed an offence under this section the court must consider whether he followed any relevant guidance which was at the time concerned—
(a) issued by a supervisory authority or any other appropriate body,
(b) approved by the Treasury, and
(c) published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it.
(8) Schedule 9 has effect for the purpose of determining what is a supervisory authority.
(9) An appropriate body is a body which regulates or is representative of a trade, profession, business or employment.
(1) A person nominated to receive disclosures under section 337 or 338 commits an offence if the conditions in subsections (2) to (4) are satisfied.
(2) The first condition is that he knows or suspects that another person is engaged in money laundering.
(3) The second condition is that the information or other matter on which his knowledge or suspicion is based came to him in consequence of a disclosure made under the applicable section.
(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under the applicable section,
(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the National Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section,
(b) the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in.
(5B) The applicable section is section 337 or, as the case may be, section 338.
(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.
(7) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that country or territory, and
(ii) is not of a description prescribed in an order made by the Secretary of State.
(1) A person commits an offence if—
(a) the person discloses any matter within subsection (2);
(b) the disclosure is likely to prejudice any investigation that might be conducted following the disclosure referred to in that subsection; and
(c) the information on which the disclosure is based came to the person in the course of a business in the regulated sector.
(2) The matters are that the person or another person has made a disclosure under this Part—
(a) to a constable,
(b) to an officer of Revenue and Customs,
(c) to a nominated officer, or
(d) to a National Crime Agency officer authorised for the purposes of this Part by the Director General of that Agency,
of information that came to that person in the course of a business in the regulated sector.
(3) A person commits an offence if—
(a) the person discloses that an investigation into allegations that an offence under this Part has been committed is being contemplated or is being carried out;
(b) the disclosure is likely to prejudice that investigation; and
(c) the information on which the disclosure is based came to the person in the course of a business in the regulated sector.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both;
(b) on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both.
(5) This section is subject to—
(a) section 333B (disclosures within an undertaking or group etc),
(b) section 333C (other permitted disclosures between institutions etc), and
(c) section 333D (other permitted disclosures etc).
333B Disclosures within an undertaking or group etc
(1) An employee, officer or partner of an undertaking does not commit an offence under section 333A if the disclosure is to an employee, officer or partner of the same undertaking.
(2) A person does not commit an offence under section 333A in respect of a disclosure by a credit institution or a financial institution if—
(a) the disclosure is to a credit institution or a financial institution,
(b) the institution to whom the disclosure is made is situated in the United Kingdom or an EEA state or in a country or territory imposing equivalent money laundering requirements, and
(c) both the institution making the disclosure and the institution to whom it is made belong to the same group.
(3) In subsection (2) “group” has the same meaning as in Directive 2002/87/ EC of the European Parliament and of the Council of 16 th December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate.
(4) A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if—
(a) the disclosure is to professional legal adviser or a relevant professional adviser,
(b) both the person making the disclosure and the person to whom it is made carry on business in the United Kingdom or an EEA state or in a country or territory imposing equivalent money laundering requirements, and
(c) those persons perform their professional activities within different undertakings that share common ownership, management or control.
333C Other permitted disclosures between institutions etc
(1) This section applies to a disclosure—
(a) by a credit institution to another credit institution,
(b) by a financial institution to another financial institution,
(c) by a professional legal adviser to another professional legal adviser, or
(d) by a relevant professional adviser of a particular kind to another relevant professional adviser of the same kind.
(2) A person does not commit an offence under section 333A in respect of a disclosure to which this section applies if—
(a) the disclosure relates to—
(i) a client or former client of the institution or adviser making the disclosure and the institution or adviser to whom it is made,
(ii) a transaction involving them both, or
(iii) the provision of a service involving them both;
(b) the disclosure is for the purpose only of preventing an offence under this Part of this Act;
(c) the institution or adviser to whom the disclosure is made is situated in the United Kingdom or an EEA state or in a country or territory imposing equivalent money laundering requirements; and
(d) the institution or adviser making the disclosure and the institution or adviser to whom it is made are subject to equivalent duties of professional confidentiality and the protection of personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)).
(1) A person does not commit an offence under section 333A if the disclosure is—
(a) to the authority that is the supervisory authority for that person by virtue of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; ...
(aa) for the purposes of proceedings under section 336A (power of court to extend moratorium period);
(ab) made in good faith by virtue of section 339ZB (disclosures within the regulated sector); or
(b) for the purpose of—
(i) the detection, investigation or prosecution of a criminal offence (whether in the United Kingdom or elsewhere),
(ii) an investigation under this Act, or
(iii) the enforcement of any order of a court under this Act.
(1A) Where an application is made to extend a moratorium period under section 336A, a person does not commit an offence under section 333A if—
(a) the disclosure is made to a customer or client of the person,
(b) the customer or client appears to the person making the disclosure to have an interest in the relevant property, and
(c) the disclosure contains only such information as is necessary for the purposes of notifying the customer or client that the application under section 336A has been made.
“Moratorium period” and “relevant property” have the meanings given in section 336D.
(2) A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if the disclosure—
(a) is to the adviser’s client, and
(b) is made for the purpose of dissuading the client from engaging in conduct amounting to an offence.
(3) A person does not commit an offence under section 333A(1) if the person does not know or suspect that the disclosure is likely to have the effect mentioned in section 333A(1)(b).
(4) A person does not commit an offence under section 333A(3) if the person does not know or suspect that the disclosure is likely to have the effect mentioned in section 333A(3)(b).
(1) For the purposes of sections 333A to 333D, Schedule 9 has effect for determining—
(a) what is a business in the regulated sector, and
(b) what is a supervisory authority.
(2) In those sections—
“credit institution” has the same meaning as in Schedule 9;
“financial institution” means an undertaking that carries on a business in the regulated sector by virtue of any of paragraphs (b) to (i) of paragraph 1(1) of that Schedule.
(3) References in those sections to a disclosure by or to a credit institution or a financial institution include disclosure by or to an employee, officer or partner of the institution acting on its behalf.
(4) For the purposes of those sections a country or territory imposes "equivalent money laundering requirements" if it imposes requirements equivalent to those laid down in Directive 2015/849/EU of the Council of 20th May 2015 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, as amended by Directive 2018/843 of the European Parliament and of the Council of 30th May 2018.
(5) In those sections “relevant professional adviser” means an accountant, auditor or tax adviser who is a member of a professional body which is established for accountants, auditors or tax advisers (as the case may be) and which makes provision for—
(a) testing the competence of those seeking admission to membership of such a body as a condition for such admission; and
(b) imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards.
(1) A person guilty of an offence under section 327, 328 or 329 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, or
(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine or to both.
(2) A person guilty of an offence under section 330, 331or 332 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, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
(3) A person guilty of an offence under section 339(1A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The appropriate consent is—
(a) the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;
(b) the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;
(c) the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.
(2) A person must be treated as having the appropriate consent if—
(a) he makes an authorised disclosure to a constable or a customs officer, and
(b) the condition in subsection (3) or the condition in subsection (4) is satisfied.
(3) The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.
(4) The condition is that—
(a) before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and
(b) the moratorium period has expired.
(5) The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.
(6) The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.
(6A) Subsection (6) is subject to—
(a) section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and
(b) section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).
(7) A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.
(8) References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
(8A) Subsection (8) is subject to—
(a) section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and
(b) section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).
(9) A nominated officer is a person nominated to receive disclosures under section 338.
(10) Subsections (1) to (4) apply for the purposes of this Part.