ECSH64235 - Regulation 69 - Entry, inspection of premises without a warrant etc
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Category Heading |
Description |
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The Law |
https://www.legislation.gov.uk/uksi/2017/692/regulation/69 |
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What it means |
We have the power to enter and inspect a premises “unannounced” if we
believe that they are being used to carry out supervised activities and that
there may have been a breach of the MLRs or the Funds Transfer Regulation (see
link below). Whilst on the premises, the authorised officer may: observe the activities inspect any documents or information found there ask any person present to provide an explanation of any document or state their location inspect any cash found there take copies of, or make extracts from, any documents found The meaning of “enter”, “inspect” etc within the Compliance Handbook (CH25000) can be found in the link below. |
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Purpose |
To gain access to a premises without prior notification. This
power will usually be used where there is intelligence to suggest that
illegal activities are taking place, such as trading whilst unregistered,
non-approved BOOM (beneficial owner, officer or manager) running the
business, or that a business
is failing its CDD obligations. It may be
used where there is a risk that records are not being maintained
by the business but could be manufactured if the business was given
prior visit notification. |
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Time Line |
The power to enter and inspect premises was in Regulation 38 MLR2007. |
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What to establish |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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How to test compliance & Evidence to obtain |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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Scenario: |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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Best Practice |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000) .(This content has been withheld because of exemptions in the Freedom of Information Act 2000) (This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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AMP |
Best practice will be included once visits to this sector commence. |
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ASP |
If utilising this power, ensure that you are only inspecting records
that are relevant to the MLR requirements of the business and not the personal
records of the ASP’s clients. |
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EAB |
No additional Best Practice. |
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LAB |
Best practice will be included once visits to this sector commence. |
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HVD |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
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MSB |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) |
| TCSP | No additional Best Practice. |
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Further Reading |
(This content has been withheld because of exemptions in the Freedom of Information Act 2000) The Funds Transfer Regulation |
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FAQs |