Schedule 2 Terrorist Finance Part 3 Disclosure of information
364.Under section 19 of the Terrorism Act it is an offence for a person who, by virtue of information which has come to him in the course of a trade, profession, business or employment, believes or suspects that another person has committed an offence under sections 15 to 18 of that Act to fail to disclose it to a constable.
365.Paragraph 5 adds a number of provisions to the Terrorism Act. By virtue of new section 21A (inserted by paragraph 5(2)) where a person knows or suspects, or has reasonable grounds for knowing or suspecting, that a person has committed an offence under any of sections 15 to 18 of that Act, and the information came to him in the course of a business in the regulated sector, he must disclose that information. Failure to do so is an offence. Section 19 is amended to remove such persons from the scope of that section (paragraph 5(3)). The regulated sector is defined in Part 1 of Schedule 3A added by sub-paragraph (6)of paragraph 5.
366.That this provision is only directed at persons who are carrying out activities in the regulated sector reflects the fact that they should be expected to exercise a higher level of diligence in handling transactions than those engaged in other businesses. Where a business carries out some activities which are specified in Schedule 3A, Part 1 and some which are not, then it is only to the extent that information is obtained in the course of the specified activities that is covered by these provisions.
367.The requirement to pass on information where there are reasonable grounds to know or suspect that someone has committed an offence lays down an objective test for criminal liability. In recognition of this subsection (6) of section 21A provides that the court must take any guidance issued by a supervisory authority or any other appropriate authority into account when determining whether an offence has been committed. That guidance has to be approved by the Treasury and is published in a manner approved by the Treasury so as to bring it to the attention of persons likely to be affected by it. A list of supervisory authorities is to be found in Schedule 3A, Part 2.
368.Paragraph 5 also adds a further new provision to the Terrorism Act (section 21B). This provision ensures that persons in the regulated sector can disclose information which causes them to know or suspect, or gives them reasonable grounds to know or suspect, that an offence has been committed to the police without fear of breaching any other legal restriction which would otherwise apply.