The Money Laundering Regulations impose certain obligations on us, including to:
- carry out risk-based supervision (regulation 17);
- ensure that only those who are fit and proper persons are conducting work that falls within the scope of the Regulations (regulation 26); and
- provide a register of trust or company service providers to HMRC (regulation 54)
To enable us to comply with these obligations we need to know which barristers are undertaking work that falls within the scope of the Money Laundering Regulations. In accordance with rule rS59.7 of the BSB Handbook, you are required to declare whether you do work within the scope of the Money Laundering Regulations.
We have compiled a set of FAQs to help you, when making your declaration, in understanding your obligations and if the work that you do falls within the scope of the Money Laundering Regulations. They can also be found on the MyBar portal.
Obtaining a criminal records check
Regulation 26 requires regulators to obtain sufficient information to determine whether persons, who carry out work within the Money Laundering Regulations, have been convicted of a relevant offence.
With effect from July 2021, this requirement for barristers is met by being subject to a criminal records check at Call (which is administered by the Inns).
Barristers who were Called before July 2021 were not subject to a criminal records check at Call. If they engage in work under the Money Laundering Regulations they must obtain their own DBS basic check.
A DBS basic check is a criminal record check any individual can request for themselves from the Government's Disclosure and Barring Service.
Further information is in our FAQs.
If you have any comments or questions about this page, please contact us.
