Authorised disclosure, protected disclosure and appropriate consent
Authorised disclosure, protected disclosure and appropriate consent

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Authorised disclosure, protected disclosure and appropriate consent
  • SAR reform programme
  • Disclosures made under POCA 2002
  • Voluntary disclosures, required notifications and joint disclosure reports
  • Protected disclosures
  • Authorised disclosures
  • Suspicious Activity Reports
  • Appropriate consent
  • Moratorium period
  • Is it possible to obtain an interim remedy while waiting for consent?
  • more

SAR reform programme

In late 2017, the National Crime Agency (NCA) and Home Office announced that they had established a joint suspicious activity report (SAR) Reform Programme to deliver more fundamental changes to the SARs regime. In January 2018, in response to a written question to Parliament, Victoria Atkins confirmed the programme aims:

‘...to deliver end-to-end improvements to the SARs regime. This will include improving the quality of SARs reporting, addressing concerns of defensive-reporting and under-reporting, enhancing the capabilities of the UK Financial Intelligence Unit, and increasing the use, exploitation and analysis of SARs by law enforcement bodies. The regulated sector have been extensively consulted and engaged in the design of the Reform Programme.’

Reform was part of the Government’s Economic Crime Plan published in August 2019. At that time, delivery of the programme was expected by the end of 2020.

On 18 June 2019, the Law Commission published a report evaluating the SAR regime which highlighted problems with the current legislation and proposing recommendations. See News Analysis: Key reforms in UK anti-money laundering proposal and LNB News 18/06/2019 95. They recommended, among other things:

  1. the creation of a new advisory board made up of experts from the public and private sector—overseeing the drafting of guidance and advising the secretary of state on improvements and emerging threats

  2. induction legislation prescribing the form of a