SCHEDULE 6 Financial Information

SCHEDULE 6 Financial Information

Section 38

Orders

1

(1)     Where an order has been made under this paragraph in relation to a terrorist investigation, a constable [or counter-terrorism financial investigator] named in the order may require a financial institution [to which the order applies] to provide customer information for the purposes of the investigation.

[(1A)     The order may provide that it applies to—

(a)     all financial institutions,

(b)     a particular description, or particular descriptions, of financial institutions, or

(c)     a particular financial institution or particular financial institutions.]

(2)     The information shall be provided—

(a)     in such manner and within such time as the constable [or counter-terrorism financial investigator] may specify, and

(b)     notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(3)     An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.

(4)     It is a defence for an institution charged with an offence under sub-paragraph (3) to prove—

(a)     that the information required was not in the institution's possession, or

(b)     that it was not reasonably practicable for the institution to comply with the requirement.

(5)     An institution guilty of an offence

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