Regulation 7 of the Money Laundering Regulations (MLR) 2003 requires solicitors' firms handling 'relevant business' (as defined in regulation 2 (2) MLR) to nominate a person to receive reports of money laundering. The role of the nominated officer or money laundering reporting officer (MLRO) is to consider any internal reports of money laundering and determine whether this information gives rise to knowledge or suspicion of money laundering. It is the MLRO who ultimately decides on whether a report should be made to the National Criminal Intelligence Service (NCIS), or whether legal professional privilege applies.

A sole practitioner is not required to establish internal reporting procedures and therefore will not need to appoint a nominated officer. Of course, this does not exempt the sole practitioner from other provisions of the regulations and the provisions of the money laundering criminal law &150; the Proceeds of Crime Act (POCA) &150; still apply.


Under sections 331 and 332 of POCA, nominated officers can commit offences if they know or suspect money laundering and fail to make a report to NCIS unless they have a 'reasonable excuse' for not doing so.



Paragraph 2.55 of the Law Society's pilot money laundering guidance (available on www.lawsociety.org.uk) sets out when a report need not be made to NCIS. It confirms that no report is required if either the nominated officer is a professional legal adviser whose knowledge or suspicion is based on information received in privileged circumstances, or the internal report the nominated officer has received is from a professional legal adviser whose knowledge or suspicion of money laundering is based on information received in legally privileged circumstances.



Best practice for nominated officers/ MLROs is set out in the Law Society's pilot guidance at paragraphs 3.56-3.65.