|
|
Amendment of section 51 of Act of 2010
|
| |
24. Section 51 of the Act of 2010 is amended—
|
| |
(a) by the substitution of the following subsection for subsection (2):
|
| |
“(2) It is a defence in any proceedings against a person for an offence under section 49, in relation to a disclosure, for the person to prove that, at the time of the disclosure—
|
| |
(a) the person was a credit institution or financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution, or made the disclosure on behalf of a credit institution or a financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution,
|
| |
(b) the disclosure was to a credit institution or a financial institution or a majority-owned subsidiary, or a branch, of a credit institution or financial institution,
|
| |
(c) the institution to which the disclosure was made was situated in a Member State or a country other than a high-risk third country,
|
| |
(d) both the institution making the disclosure, or on whose behalf the disclosure was made, and the institution to which it was made belonged to the same group, and
|
| |
(e) both the institutions referred to in paragraph (d) were in compliance with group-wide policies and procedures adopted in accordance with section 54 or, as the case may be, Article 45 of the Fourth Money Laundering Directive.”,
|
| |
and
|
| |
(b) in subsection (3)(b), by the substitution of “or in a country other than a high-risk third country” for “or in a place designated under section 31”.
|