The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained. The Investigatory Powers Act 2016 (IPA 2016) provides the main legal framework governing the use of covert surveillance by public bodies. The provisions which govern the acquisition and disclosure of communications data are contained within IPA 2016, Pts 2 and 3 and repealed the provisions relating to the interception and acquisition of communications data contained in Regulation of Investigatory Powers Act 2000 (RIPA 2000).
For information on the acquisition and use of communications data under IPA 2016, see Practice Notes: Acquisition and disclosure of communications data under the Investigatory Powers Act 2016 and Interception of communications under the Investigatory Powers Act 2016.
For information on the scope of IPA 2016 generally, see Practice Note: The Investigatory Powers Act 2016—an introductory guide.
Regulation of Investigatory Powers Act 2000 (RIPA 2000) set out a framework for the requisition, provision and handling of communications data. This statutory framework places duties on those who deal with communication data. The legislation is read in conjunction with the statutory Code of Practice, 'Acquisition and Disclosure of Communications Data'. RIPA 2000 provides that the code is admissible in evidence in both criminal and civil proceedings.
If any provision of the code appears relevant to a question before the court or tribunal hearing proceedings, or to the tribunal established under the RIPA
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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