TRSM23130 - Types of trust that need to be registered: contents: excluded express trusts: contents: public authorities

Trusts are excluded from registration as express trusts by Sch3A(23) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 when they are created for the purpose of enabling or assisting any one of the following public bodies to carry out their functions:

• a public authority within the meaning of section 3(1) of the Freedom of Information Act 2000, or a body specified in section 80(2) of that Act;
• a Scottish public authority within the meaning of section 3(1) of the Freedom of Information (Scotland) Act 2002;
• the Security Service;
• the Secret Intelligence Service;
• the Government Communications Headquarters;
• the National Crime Agency; or
• the Welsh Assembly Government

In this context ‘functions’ include any functions as a court or tribunal or as a monetary authority.

Example

The Acacia Medical Practice is a partnership of general practitioners (GPs), providing general medical services to the local community.

As GP surgeries are public authorities within the meaning of the Freedom of Information Act 2000, any trust created to enable or assist the Acacia Medical Centre from carrying out its functions (for example, a trust holding the property of the partnership) is excluded from registration under Sch3A(23) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.