(1)For the purposes of this Part a disclosure is authorised if—
(a)it is a disclosure to a constable, a customs officer or a nominated officer by the alleged offender that property is criminal property,
(b)F1197... and
(c)the first [F1198, second or thirdF1198] condition set out below is satisfied.
(2)The first condition is that the disclosure is made before the alleged offender does the prohibited act.
[F1199 (2A)The second condition is that—
(a)the disclosure is made while the alleged offender is doing the prohibited act,
(b)he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and
(c)the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct.F1199]
(3)The [F1200 third F1200] condition is that—
(a)the disclosure is made after the alleged offender does the prohibited act,
(b)[F1201 he has a reasonable excuseF1201] for his failure to make the disclosure before he did the act, and
(c)the disclosure is made on his own initiative and as soon as it is practicable for him to make it.
(4)An authorised disclosure is not to be taken to breach any restriction on the disclosure of information (however imposed).
[F1202 (4A)Where an authorised disclosure is made in good faith, no civil liability arises in respect of the disclosure on the part of the person by or on whose behalf it is made.F1202]
(5)A disclosure to a nominated officer is a disclosure which—
(a)is made to a person nominated by the alleged offender’s employer to receive authorised disclosures, and
(b)F1203is made in the course of the alleged offender’s employment ....
(6)References to the prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).
493.Section 338 sets out the circumstances in which a disclosure will be ‘authorised’ for the purposes of affording a defence to the principal money laundering offences in sections 327 to329. Where a disclosure is ‘authorised’ for these purposes, then it is not to be taken to breach any rule which would otherwise restrict that disclosure.
494.This is necessary because, in the course of their business, those working inside or outside the regulated sector may need to complete a transaction that they know or suspect could constitute one of the three principal money laundering offences. This section gives them the means of obtaining the authorisation necessary to complete the transaction, if the disclosure is made before a transaction is completed; or provides a defence against the failure to disclose offence if the disclosure is made as soon as possible after the transaction has taken place and there was a good reason not to make it before.