Section 87

This regulation applies if a person (“P”) knows or suspects that an appropriate officer is acting (or proposing to act) in connection with an investigation into a potential contravention of a relevant requirement which is being or is about to be conducted. P commits an offence if— P makes a disclosure which is likely to prejudice the investigation; or P falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation. P does not commit an offence under paragraph (2)(a) if— P does not know or suspect that the disclosure is likely to prejudice the investigation; the disclosure is made in the exercise of a function under these Regulations, or in compliance with a requirement imposed by or under these Regulations; the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, by or under the Terrorism Act 2000 ; the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, by or under the Proceeds of Crime Act 2002 ; the disclosure is made in the exercise of a function, or in compliance with a requirement imposed, under any Act relating to criminal conduct or benefit from criminal conduct; or P is a professional legal adviser and the disclosure falls within paragraph (6). Criminal conduct is conduct which— constitutes an offence in any part of the United Kingdom; or would constitute an offence in any part of the United Kingdom if it occurred there. A person benefits from conduct if that person obtains property as a result of or in connection with the conduct. Subject to paragraph (7), a disclosure falls within this paragraph if it is a disclosure— to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client; or to any person in connection with legal proceedings or contemplated legal proceedings. A disclosure does not fall within paragraph (6) if it is made with the intention of furthering a criminal purpose. P does not commit an offence under paragraph (2)(b) if— P does not know or suspect that the documents are relevant in connection with the investigation; or P does not intend to conceal any facts disclosed by the documents from any appropriate officer acting in connection with the investigation. A person guilty of an offence under paragraph (2) is liable— on summary conviction— in England and Wales, to imprisonment for a term not exceeding three months, to a fine or to both, in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both; on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. For the purposes of this regulation— “appropriate officer” means— an officer of the FCA, including a member of the FCA's staff or an agent of the FCA; an officer of Revenue and Customs; an employee or agent of a professional body listed in Schedule 1 who is authorised by the body to act on behalf of the body for the purposes of this Part; or a relevant officer; “relevant officer” means— acting pursuant to arrangements made with the FCA or with the Commissioners for the purposes of these Regulations. in Great Britain, an officer of a local weights and measures authority; in Northern Ireland, an officer of the Department for the Economy;

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