Sch. 6
4.—(1) Crown Court Rules may make provision about the procedure for an application under paragraph 1.
(2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
Criteria for making order
5. An order under paragraph 1 may be made only if the person making it is satisfied that—
- (a) the order is sought for the purposes of a terrorist investigation,
- (b) the tracing of terrorist property is desirable for the purposes of the investigation, and
- (c) the order will enhance the effectiveness of the investigation.
Financial institution
6.—(1) In this Schedule “financial institution” means—
- (a) a person who carries on a business of taking deposits for which he is authorised under the 1987 c. 22.Banking Act 1987,
- (b) a building society (within the meaning of the 1986 c. 53.Building Societies Act 1986),
- (c) a credit union (within the meaning of the 1979 c. 34.
S.I. 1985/1205 (N.I.12).Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985), - (d) a person carrying on investment business within the meaning of the 1986 c. 60.Financial Services Act 1986,
- (e) the National Savings Bank,
- (f) a person who carries out an activity for the purposes of raising money authorised to be raised under the 1968 c. 13.National Loans Act 1968 under the auspices of the Director of National Savings,
- (g) a European institution carrying on a home regulated activity (within the meaning of the Second Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions),
- (h) a person carrying out an activity specified in any of points 1 to 12 and 14 of the Annex to that Directive, and
- (i) a person who carries on an insurance business in accordance with an authorisation pursuant to Article 6 or 27 of the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance.
(2) The Secretary of State may by order provide for a class of person—
- (a) to be a financial institution for the purposes of this Schedule, or
- (b) to cease to be a financial institution for the purposes of this Schedule.
(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
Customer information
7.—(1) In this Schedule “customer information” means (subject to subparagraph (3))—
- (a) information whether a business relationship exists or existed between a financial institution and a particular person (“a customer”),
