Part III Terrorist Property

Offences

21CAF1F2Voluntary disclosures within the regulated sector

1

A person (A) may disclose information to one or more other persons if—

a

conditions 1 to 4 are met, and

b

where applicable, condition 5 is also met.

2

Condition 1 is that—

a

A is carrying on a business in the regulated sector as a relevant undertaking,

b

the information on which the disclosure is based came to A in the course of carrying on that business, and

c

the person to whom the information is to be disclosed (or each of them, where the disclosure is to more than one person) is also carrying on a business in the regulated sector as a relevant undertaking (whether or not of the same kind as A).

3

Condition 2 is that—

a

a constable has requested A to make the disclosure, or

b

the person to whom the information is to be disclosed (or at least one of them, where the disclosure is to more than one person) has requested A to do so.

4

Condition 3 is that, before A makes the disclosure, the required notification has been made to a constable (see section 21CB(5) to (7)).

5

Condition 4 is that A is satisfied that the disclosure of the information will or may assist in determining any matter in connection with—

a

a suspicion that a person is involved in the commission of a terrorist financing offence, or

b

the identification of terrorist property or of its movement or use.

6

Condition 5 is that, before making the disclosure request, the person making the request (or at least one of them, where the request is made by more than one person) has notified a constable that the request is to be made.

7

Condition 5 does not apply where the disclosure request concerned is made by a constable.

8

A person may disclose information to A for the purposes of making a disclosure request if, and to the extent that, the person has reason to believe that A has in A’s possession information that will or may assist in determining any matter of the kind mentioned in paragraph (a) or (b) of subsection (5).