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Uluslararası Adli İşbirliği
(6) Section 398 of the Proceeds of Crime Act 2002 (c. 29) (meaning of customer information),
except subsections (2)(f ) and (3)(i), has effect for the purposes of this section as if this section were
included in Chapter 3 of Part 8 of that Act.
(7) A customer information order has effect in spite of any restriction on the disclosure of
information (however imposed).
(8) Customer information obtained in pursuance of a customer information order is to be gi-
ven to the Lord Advocate and sent by him to the authority which made the request.
38- Making, varying or discharging customer information orders
(1) A sheriff may make a customer information order, on an application made to him pursuant
to a direction under section 37(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 Scotland, or would do were it to occur in Scot-
land, and
(d) the order is sought for the purposes of the investigation.
(2) The application may be made ex parte to a sheriff 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
the procurator fiscal.
(5) Section 409 of the Proceeds of Crime Act 2002 (jurisdiction of sheriff) has effect for the
purposes of this section as if this section were included in Chapter 3 of Part 8 of that Act.
39- 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.