Basic HTML Version
777
Kanunları ve Tercümeleri
to a direction under section 32(3), if he is satisfied that—
(a) the person specified in the application is subject to an investigation in the country
in question,
(b) the investigation concerns conduct which is serious criminal conduct,
(c) the conduct constitutes an offence in England and Wales or (as the case may be)
Northern Ireland, or would do were it to occur there, and
(d) the order is sought for the purposes of the investigation.
(2) The application may be made ex parte to a judge in chambers.
(3) The application may specify—
(a) all financial institutions,
(b) a particular description, or particular descriptions, of financial institutions, or
(c) a particular financial institution or particular financial institutions.
(4) The court may discharge or vary a customer information order on an application made
by—
(a) the person who applied for the order,
(b) a senior police officer,
(c) a constable authorised by a senior police officer to make the application,
(d) a senior customs officer,
(e) a customs officer authorised by a senior customs officer to make the application.
34- Offences
(1) A financial institution is guilty of an offence if without reasonable excuse it fails to comply
with a requirement imposed on it under a customer information order.
(2) A financial institution guilty of an offence under subsection (1) is liable on summary con-
viction to a fine not exceeding level 5 on the standard scale.
(3) A financial institution is guilty of an offence if, in purported compliance with a customer
information order, it—
(a) makes a statement which it knows to be false or misleading in a material particular,
or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A financial institution guilty of an offence under subsection (3) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or