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Uluslararası Adli İşbirliği
41- Making, varying or discharging account monitoring orders
(1) A sheriff may make an account monitoring order, on an application made to him in pursu-
ance of a direction under section 40(3), if he is satisfied that—
(a) there is an investigation in the country in question into criminal conduct, and
(b) 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 information relating to—
(a) all accounts held by the person specified in the application for the order at the fi-
nancial institution so specified,
(b) a particular description, or particular descriptions, of accounts so held, or
(c) a particular account, or particular accounts, so held.
(4) The court may discharge or vary an account monitoring order on an application made by
the procurator fiscal.
(5) Section 409 of the Proceeds of Crime Act 2002 (c. 29) (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.
Disclosure of information
42- Offence of disclosure
(1) This section applies where—
(a) a financial institution is specified in a customer information order or account moni-
toring order made in any part of the United Kingdom, or
(b) the Secretary of State or the Lord Advocate receives a request under section 13 for
evidence to be obtained from a financial institution in connection with the investigation of an
offence in reliance on Article 2 (requests for information on banking transactions) of the 2001
Protocol.
(2) If the institution, or an employee of the institution, discloses any of the following informa-
tion, the institution or (as the case may be) the employee is guilty of an offence.
(3) That information is—
(a) that the request to obtain customer information or account information, or the re-
quest mentioned in subsection (1)(b), has been received,