Part 5 – Miscellaneous Money laundering and terrorist financing Section 186: Terrorist financing: information orders
This section amends section 22B of TACT, which allows the relevant court to make an IO.
	Section 173(8) inserts 2 new conditions for application of an order which do not require the information required to be given under the order to relate to a matter arising from either a disclosure under section 21A of TACT or from a corresponding disclosure requirement where an external request has been made by a foreign authority. The information sought must be to assist the NCA or a foreign FIU to conduct its operational or strategic analysis functions relevant to terrorist financing. Operational analysis enables FIUs to identify specific targets to follow the trail of particular activities or transactions to determine links between those targets and possible terrorist financing. Strategic analysis enables FIUs to identify terrorist financing trends and patterns, this information will be used to determine any terrorist financing related threats and vulnerabilities. The provision of the information by the National Crime Agency to the foreign FIU must be for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to terrorist financing.
	Section 186(12) inserts the definition of an "authorised NCA officer", "criminal intelligence function", "foreign FIU" and "terrorist financing".
	Section 186(13) inserts section 22F into TACT. It creates a duty on the Secretary of State to make a code of practice in relation to conditions 3 and 4. The code of practice must provide guidance to assist authorised NCA officers (and the Director General of the NCA) in connection with the making of applications for an IO in relation to those conditions. In the case of applications made to the sheriff, the guidance must assist those officers with the making of requests for such to a procurator fiscal. A court may only make an IO if it is satisfied that the relevant NCA officer has had regard to the code of practice before he or she has made the application (or, in Scotland, before he or she has made a request for such to a procurator fiscal). Subsections (3) to (9) of section 22F set out various procedural requirements for the making and bringing into force of the code of practice, as well as supplementary provisions in relation to failures to comply with the code, admissibility of the code as evidence in other proceedings and definitions.