Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
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Defences — disclosures within undertaking or group. |
51.— (1) It is a defence in any proceedings against an individual for an offence under section 49 , in relation to a disclosure, for the individual to prove that, at the time of the disclosure— | |
(a) he or she was an agent, employee, partner, director or other officer of, or was engaged under a contract for services by, an undertaking, and | ||
(b) he or she made the disclosure to an agent, employee, partner, director or other officer of, or a person engaged under a contract for services by, the same undertaking. | ||
(2) It is a defence in any proceedings against a person for an offence under section 49 , in relation to a disclosure, for the person to prove that, at the time of the disclosure— | ||
(a) the person was a credit institution or financial institution, or made the disclosure on behalf of a credit institution or financial institution, | ||
(b) the disclosure was to a credit institution or a financial institution, | ||
(c) the institution to which the disclosure was made was situated in a Member State or a place designated under section 31 , and | ||
(d) both the institution making the disclosure, or on whose behalf the disclosure was made, and the institution to which it was made belonged to the same group. | ||
(3) It is a defence in any proceedings against a person for an offence under section 49 , in relation to a disclosure, for the person to prove that, at the time of the disclosure— | ||
(a) the person was a legal adviser or relevant professional adviser, | ||
(b) both the person making the disclosure and the person to whom it was made carried on business in a Member State or in a place designated under section 31 , and | ||
(c) those persons performed their professional activities within different undertakings that shared common ownership, management or control. |