The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This archived Practice Note is being retained to assist those advising on investigations and prosecutions for offences under MLR 2007, SI 2007/2157. The Money Laundering Regulations 2007, SI 2007/2157, (MLR 2007, SI 2007/2157) were revoked and replaced by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, (MLR 2017, SI 2017/692). From 26 June 2017, offences under MLR 2007, SI 2007/2157 can no longer be committed although offences which occurred on or before 25 June 2017 may still be investigated and prosecuted under MLR 2007, SI 2007/2157.
For information on the offences and investigations under MLR 2017, SI 2017/692, see Practice Note: Offences under the Money Laundering Regulations 2017 (MLR 2017).
MLR 2007, SI 2007/2157, regs 37–38 give investigative powers to officers and relevant officers as defined in reg 36. Officers are defined as officers of designated authorities or other specified authorities, including:
the Financial Conduct Authority (FCA)
HM Revenue & Customs (HMRC), and
Relevant officers are officers of the local weights and measures authority eg Trading Standards.
The enforcement powers under MLR 2007 are given to officers and relevant officers. Relevant officers, when exercising investigatory powers under MLR 2007, regs 37–39, may only do so pursuant to an arrangement with the FCA.
These powers include a power of warrantless entry to premises that are applicable
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