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Section 19Q: Review Panel

Financial Intelligence and Anti-Money Laundering Act · PART IVB: SUPERVISION BY REGULATORY BODIES

This section is inserted by Act No 9 of 2019, section 10.

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

19Q. Review Panel (1) There shall be, for the purposes of this Part, a Review Panel which shall – (a) be responsible to review a decision of a regulatory body to impose an administrative sanction under section 19N; (b) be responsible to review a decision of the Financial Reporting Council under section 23A of the Financial Reporting Council; (c) be responsible to review a decision of the Registrar of Associations under section 14K of the Registration of Associations Act; and (d) have such other functions and powers as may be prescribed. (2) (a) The Review Panel shall consist of – (i) a Chairperson, who shall be a retired Judge or a barrister of not less than 15 years’ standing; and (ii) 2 other members who shall have sufficient knowledge and experience in the field of AML/CFT, law or accountancy, to be appointed by the Prime Minister on such terms and conditions as he may determine. (b) A member of the Review Panel may resign by giving one month notice in writing to the Prime Minister. (c) A member of the Review Panel shall cease to hold office where he is unfit to be a member, or on grounds of breach of trust, misconduct or default in the discharge of his functions. Acts 2019 179 (3) (a) The Review Panel may, where necessary, co-opt such other person having experience in the field of the business conducted by the aggrieved person the purposes of dealing with the particular application for review. (b) A person co-opted under paragraph (a) shall be deemed to be a member of the Review Panel for the purposes of that particular application for review. (4) In the discharge of its functions, the Review Panel shall not be subject to the direction or control of any other person or authority. (5) A member of the Review Panel shall, during and after his period of service with the Review Panel, maintain the confidentiality of any matter which comes to his knowledge in the performance of his duties under this Act, except where he is required to so by law. (6) Any member of the Review Panel shall, in relation to any matter before it, in which he or any person related to him by blood or marriage has a pecuniary or other material interest – (a) disclose the nature of the interest in writing to the Chairperson and where the member is the Chairperson, to the other members of the Review Panel, before the meeting is convened to discuss that matter; and (b) not take part in any deliberations of the Review Panel. (7) Any member of the Review Panel shall, before he begins to perform any duties under this Act, take an oath of confidentiality in such form as the Permanent Secretary of the Ministry may determine.

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