Section 186(8)

After subsection (6) insert— Condition 3 for the making of an information order is met if— the information would assist an authorised NCA officer to conduct— for the purposes of the criminal intelligence function of the National Crime Agency so far as it relates to terrorist financing, operational analysis of information that is relevant to terrorist financing or suspected terrorist financing, or strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing, the respondent is a person carrying on a business in the regulated sector, where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 22F, where the application for the order is made to the sheriff— the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and the person making that request has had regard to the code of practice under section 22F, and it is reasonable in all the circumstances for the information to be provided. Condition 4 for the making of an information order is met if— a request has been made by a foreign FIU to the National Crime Agency for the provision of the information required to be given under the order, an authorised NCA officer has reasonable grounds to believe that the request was made only for the purpose of assisting the foreign FIU to conduct one or both of the following— and that the information is likely to be of substantial value to the foreign FIU in carrying out such analysis, operational analysis of information that is relevant to terrorist financing or suspected terrorist financing, or strategic analysis identifying trends or patterns in the conduct of terrorist financing, or systematic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of terrorist financing, the provision of the information by the National Crime Agency to the foreign FIU would be for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to terrorist financing, the respondent is a person carrying on a business in the regulated sector, where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 22F, where the application for the order is made to the sheriff— the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and the person making that request has had regard to the code of practice under section 22F, and it is reasonable in all the circumstances for the information to be provided.

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Source: legislation.gov.uk · retrieved 2026-09-04