Moved by
Baroness Williams of Trafford
64: Clause 11, page 37, line 4, leave out from beginning to end of line 35 on page 39 and insert—
“Further information orders
339ZH Further information orders
(1) A magistrates’ court or (in Scotland) the sheriff may, on an application made by a relevant person, make a further information order if satisfied that either condition 1 or condition 2 is met.
(2) The application must—
(a) specify or describe the information sought under the order, and
(b) specify the person from whom the information is sought (“the respondent”).
(3) A further information order is an order requiring the respondent to provide—
(a) the information specified or described in the application for the order, or
(b) such other information as the court or sheriff making the order thinks appropriate,
so far as the information is in the possession, or under the control, of the respondent.
(4) Condition 1 for the making of a further information order is met if—
(a) the information required to be given under the order would relate to a matter arising from a disclosure made under this Part,
(b) the respondent is the person who made the disclosure or is otherwise carrying on a business in the regulated sector,
(c) the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and
(d) it is reasonable in all the circumstances for the information to be provided.
(5) Condition 2 for the making of a further information order is met if—
(a) the information required to be given under the order would relate to a matter arising from a disclosure made under a corresponding disclosure requirement,
(b) an external request has been made to the National Crime Agency for the provision of information in connection with that disclosure,
(c) the respondent is carrying on a business in the regulated sector,
(d) the information is likely to be of substantial value to the authority that made the external request in determining any matter in connection with the disclosure, and
(e) it is reasonable in all the circumstances for the information to be provided.
(6) For the purposes of subsection (5), “external request” means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed.
(7) A further information order must specify—
(a) how the information required under the order is to be provided, and
(b) the date by which it is to be provided.”
65: Clause 11, page 39, line 45, at end insert—
“( ) Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector.”
66: Clause 11, page 39, line 46, at end insert—
““corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;
“corresponding money laundering offence” means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11);
“foreign country” means a country or territory outside the United Kingdom;”
67: Clause 11, page 40, leave out lines 11 to 19
68: Clause 11, page 40, line 21, leave out “a further information notice, or”
69: Clause 11, page 41, line 18, leave out “a further information notice, or”