Customer information orders under the Proceeds of Crime Act 2002
Customer information orders under the Proceeds of Crime Act 2002

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

  • Customer information orders under the Proceeds of Crime Act 2002
  • Customer information orders
  • Who can apply for a customer information order?
  • The application
  • Requirements for an order
  • Effect of an order
  • Variation or discharge of customer information orders
  • Execution of a customer information order
  • Offences for failure to comply

Customer information orders

A customer information order requires a financial institution to, on being required to do so by notice in writing given by an appropriate officer, provide any such ‘customer information’ as it has relating to the person specified in the application for the order.

The information must provided to an appropriate officer in such manner, and at or by such time, as that officer requires, for more information, see below: Effect of an order.

For these purposes, a financial institution is a person who carries on business on the regulated sector, or, who ceases to carry on a business in the regulated sector. The order may require all such institutions, or a selection of them, to comply with the order.

The scheme applies to confiscation, civil recovery, exploitation proceeds and money laundering investigations but not (since 16 April 2018) detained cash investigations detained property investigations, or frozen funds investigations.

For the purposes of customer information orders in relation to money laundering investigations, 'money laundering' is extended beyond the main offences under sections 327–329 of the Proceeds of Crime Act 2002 (POCA 2002) to cover offences under section 18 of the Terrorism Act 2000 and to conduct abroad which would constitute any such offence if carried out in the UK.

'Customer information' is principally whether an individual or corporate entity holds, or held, any accounts or

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