Law

Proceeds of Crime Act 2002

United Kingdom · statute

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In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 824 provisions
  1. Title and introductory text
  2. 1 The Agency and its Director
  3. 2 Director’s functions: general
  4. 2A Contribution to the reduction of crime
  5. 2B The National Crime Agency and its officers
  6. 2C Prosecuting authorities
  7. 3 Accreditation and training
  8. 4 Co-operation
  9. 5 Advice and assistance
  10. 5A The principal objective
  11. 6 Making of order
  12. 7 Recoverable amount
  13. 8 Defendant’s benefit
  14. 9 Available amount
  15. 9A Hidden property
  16. 10 Assumptions to be made in case of criminal lifestyle
  17. 10A Determination of extent of defendant's interest in property
  18. 11 Time for payment
  19. 12 Interest on unpaid sums
  20. 13 Effect of order on court’s other powers
  21. 13A Orders for securing compliance with confiscation order
  22. 13B Appeals against orders under section 13A
  23. 14 Postponement
  24. 15 Effect of postponement
  25. 15A Timing of confiscation proceedings and effect on sentencing
  26. 15B Early resolution meeting
  27. 15C Early resolution hearing
  28. 16 Statement of information
  29. 17 Defendant’s response to statement of information
  30. 18 Provision of information by defendant
  31. 18A Provision of information as to defendant's interest in property
  32. 19 No order made: reconsideration of case
  33. 20 No order made: reconsideration of benefit
  34. 21 Order made: reconsideration of benefit
  35. 21A Order made: reconsideration of benefit on decrease in value and sale etc
  36. 22 Order made: reconsideration of available amount
  37. 22A Increased available amount: compensation directions
  38. 23 Inadequacy of available amount: variation of order
  39. 24 Inadequacy of available amount: discharge of order
  40. 25 Small amount outstanding: discharge of order
  41. 25A Recovery from estate of deceased defendant impractical: discharge of order
  42. 26 Information
  43. 27 Defendant convicted or committed
  44. 28 Defendant neither convicted nor acquitted
  45. 29 Variation of order
  46. 30 Discharge of order
  47. 31 Appeal by prosecutor etc ...
  48. 32 Court’s powers on appeal
  49. 33 Appeal to Supreme Court
  50. 34 Enforcement authority
  51. 35 Enforcement as fines
  52. 36 Director appointed as enforcement authority
  53. 37 Director’s application for enforcement
  54. 38 Provisions about imprisonment or detention
  55. 39 Reconsideration etc: variation of prison term
  56. 40 Conditions for exercise of powers
  57. 41 Restraint orders
  58. 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
  59. 41A Restraint orders: power to retain seized property etc.
  60. 42 Application, discharge and variation
  61. 42A Restraint orders: effect of conviction
  62. 43 Appeal to Court of Appeal
  63. 44 Appeal to Supreme Court
  64. 44A Detention of property pending appeal
  65. 45 Seizure
  66. 46 Hearsay evidence
  67. 47 Supplementary
  68. 47A Sections 47B to 47S: meaning of “appropriate officer”
  69. 47B Conditions for exercise of powers
  70. 47C Power to seize property
  71. 47D Search power: premises
  72. 47E Search power: people
  73. 47F Search power: vehicles
  74. 47G “Appropriate approval”
  75. 47H Exercise of powers without judicial approval
  76. 47I Report by appointed person on exercise of powers
  77. 47J Initial detention of seized property
  78. 47K Further detention pending making of restraint order
  79. 47L Further detention pending variation of restraint order
  80. 47M Further detention in other cases
  81. 47N Discharge, variation and lapse of detention order
  82. 47O Appeals
  83. 47P Detention of property pending section 47O appeal
  84. 47Q Hearsay evidence in detention order proceedings
  85. 47R Release of property
  86. 47S Codes of practice
  87. 48 Appointment
  88. 49 Powers
  89. 50 Appointment
  90. 51 Powers
  91. 52 Appointment
  92. 53 Powers
  93. 54 Enforcement receivers
  94. 55 Sums received by designated officer
  95. 56 Director’s receivers
  96. 57 Sums received by Director
  97. 58 Restraint orders
  98. 59 Enforcement receivers
  99. 60 Director’s receivers
  100. 61 Protection
  101. 62 Further applications
  102. 63 Discharge and variation
  103. 64 Management receivers: discharge
  104. 65 Appeal to Court of Appeal
  105. 66 Appeal to Supreme Court
  106. 67 Money
  107. 67ZA Cryptoassets
  108. 67ZB Meaning of “UK-connected cryptoasset service provider”
  109. 67A Seized personal property
  110. 67AA Destruction of seized cryptoassets
  111. 67B Costs of storage and realisation
  112. 67C Sections 67ZA to 67B: appeals
  113. 67D Proceeds of realisation
  114. 67E Appeals in relation to confiscation orders
  115. 67F Appeals under section 67E: supplementary
  116. 67G Appeals in relation to section 10A determinations
  117. 67H Appeals in relation to compliance orders
  118. 67I Appeals in relation to variations of confiscation order
  119. 67J Appeals in relation to restraint orders
  120. 67K Appeals in relation to management and enforcement receivers
  121. 67L Appeals in relation to realisation etc of seized property
  122. 68 Applications and appeals
  123. 69 Specific powers of court and receiver etc.
  124. 70 Committal by magistrates’ court
  125. 71 Sentencing by Crown Court
  126. 72 Serious default
  127. 73 Order varied or discharged
  128. 74 Enforcement abroad
  129. 75 Criminal lifestyle
  130. 76 Conduct and benefit
  131. 77 Tainted gifts
  132. 78 Gifts and their recipients
  133. 79 Value: the basic rule
  134. 80 Value of property obtained from conduct
  135. 80A Mortgages
  136. 81 Value of tainted gifts
  137. 82 Free property
  138. 83 Realisable property
  139. 84 Property: general provisions
  140. 84A Cryptoassets etc
  141. 85 Proceedings
  142. 86 Applications
  143. 87 Confiscation orders
  144. 87A No further possibility of appeal
  145. 88 Other interpretative provisions
  146. 89 Procedure on appeal to the Court of Appeal
  147. 90 Procedure on appeal to the Supreme Court
  148. 91 Crown Court Rules
  149. 92 Making of order
  150. 93 Recoverable amount
  151. 94 Accused’s benefit
  152. 95 Available amount
  153. 96 Assumptions to be made in case of criminal lifestyle
  154. 97 Effect of order on court’s other powers
  155. 97A Application of receipts: restitution order and victim surcharge
  156. 97B Orders for securing compliance with confiscation order
  157. 97C Breach of compliance order
  158. 97D Appeals against variation or discharge of compliance orders
  159. 98 Disposal of family home
  160. 99 Postponement
  161. 100 Effect of postponement
  162. 101 Statement of information
  163. 102 Accused’s response to statement of information
  164. 103 Provision of information by accused
  165. 104 No order made: reconsideration of case
  166. 105 No order made: reconsideration of benefit
  167. 106 Order made: reconsideration of benefit
  168. 107 Order made: reconsideration of available amount
  169. 108 Inadequacy of available amount: variation of order
  170. 109 Inadequacy of available amount: discharge of order
  171. 110 Information
  172. 111 Conviction or other disposal of accused
  173. 112 Accused neither convicted nor acquitted
  174. 113 Variation of order
  175. 114 Discharge of order
  176. 115 Appeal by prosecutor
  177. 116 Time for payment
  178. 116A Further time for payment due to coronavirus
  179. 117 Interest on unpaid sums
  180. 118 Application of provisions about fine enforcement
  181. 119 Conditions for exercise of powers
  182. 120 Restraint orders etc
  183. 120A Restraint orders: power to retain seized property etc.
  184. 121 Application, recall and variation
  185. 122 Appeals
  186. 122A Detention of property pending appeal
  187. 123 Inhibition of property affected by order
  188. 124 Arrestment of property affected by order
  189. 125 Management administrators
  190. 126 Seizure
  191. 127 Restraint orders: restriction on proceedings and remedies
  192. 127A Sections 127B to 127R: meaning of “appropriate officer”
  193. 127B Conditions for exercise of powers
  194. 127C Power to seize property
  195. 127D Search power: premises
  196. 127E Search power: people
  197. 127F Search power: vehicles
  198. 127G “Appropriate approval”
  199. 127H Exercise of powers without judicial approval
  200. 127I Report by appointed person on exercise of powers
  201. 127J Initial detention of seized property
  202. 127K Further detention pending making of restraint order
  203. 127L Further detention pending variation of restraint order
  204. 127M Further detention in other cases
  205. 127N Discharge, variation and lapse of detention order
  206. 127O Appeals
  207. 127P Detention of property pending section 127O appeal
  208. 127Q Release of property
  209. 127R Guidance by Lord Advocate
  210. 128 Enforcement administrators
  211. 129 Management administrators: discharge
  212. 130 Application of sums by enforcement administrator
  213. 131 Sums received by clerk of court
  214. 131ZA Money
  215. 131ZB Cryptoassets
  216. 131ZC Meaning of “UK-connected cryptoasset service provider”
  217. 131A Seized personal property
  218. 131AA Destruction of seized cryptoassets
  219. 131B Costs of storage and realisation
  220. 131C Sections 131ZB to 131B: appeals
  221. 131D Proceeds of realisation
  222. 132 Powers of court and administrator etc
  223. 133 Protection of administrators
  224. 134 Protection of persons affected
  225. 135 Recall and variation of order
  226. 136 Appeals
  227. 137 Administrators: further provision
  228. 138 Administrators: restriction on proceedings and remedies
  229. 139 Serious default
  230. 140 Confiscation order varied or discharged
  231. 141 Enforcement abroad
  232. 142 Criminal lifestyle
  233. 143 Conduct and benefit
  234. 144 Tainted gifts and their recipients
  235. 145 Value: the basic rule
  236. 146 Value of property obtained from conduct
  237. 147 Value of tainted gifts
  238. 148 Free property
  239. 149 Realisable property
  240. 150 Property: general provisions
  241. 150A Cryptoassets etc
  242. 151 Proceedings
  243. 152 Applications
  244. 153 Satisfaction of confiscation orders
  245. 153A No further possibility of appeal
  246. 154 Other interpretative provisions
  247. 155 Rules of court
  248. 156 Making of order
  249. 157 Recoverable amount
  250. 158 Defendant’s benefit
  251. 159 Available amount
  252. 160 Assumptions to be made in case of criminal lifestyle
  253. 160A Determination of extent of defendant's interest in property
  254. 161 Time for payment
  255. 162 Interest on unpaid sums
  256. 163 Effect of order on court’s other powers
  257. 163A Orders for securing compliance with confiscation order
  258. 163B Appeals against orders under section 163A
  259. 164 Postponement
  260. 165 Effect of postponement
  261. 166 Statement of information
  262. 167 Defendant’s response to statement of information
  263. 168 Provision of information by defendant
  264. 168A Provision of information as to defendant's interest in property
  265. 169 No order made: reconsideration of case
  266. 170 No order made: reconsideration of benefit
  267. 171 Order made: reconsideration of benefit
  268. 172 Order made: reconsideration of available amount
  269. 173 Inadequacy of available amount: variation of order
  270. 174 Inadequacy of available amount: discharge of order
  271. 175 Small amount outstanding: discharge of order
  272. 175A Recovery from estate of deceased defendant impractical: discharge of order
  273. 176 Information
  274. 177 Defendant convicted or committed
  275. 178 Defendant neither convicted nor acquitted
  276. 179 Variation of order
  277. 180 Discharge of order
  278. 181 Appeal by prosecutor etc ...
  279. 182 Court’s powers on appeal
  280. 183 Appeal to Supreme Court
  281. 184 Enforcement authority
  282. 185 Enforcement as fines etc
  283. 186 Director’s application for enforcement
  284. 187 Provisions about imprisonment or detention
  285. 188 Reconsideration etc: variation of prison term
  286. 189 Conditions for exercise of powers
  287. 190 Restraint orders
  288. 190A Restraint orders: power to retain seized property
  289. 191 Application, discharge and variation
  290. 192 Appeal to Court of Appeal
  291. 193 Appeal to Supreme Court
  292. 193A Detention of property pending appeal
  293. 194 Seizure
  294. 195 Supplementary
  295. 195A Sections 195B to 195S: meaning of “appropriate officer”
  296. 195B Conditions for exercise of powers
  297. 195C Power to seize property
  298. 195D Search power: premises
  299. 195E Search power: people
  300. 195F Search power: vehicles
  301. 195G “Appropriate approval”
  302. 195H Exercise of powers without judicial approval
  303. 195I Report by appointed person on exercise of powers
  304. 195J Initial detention of seized property
  305. 195K Further detention pending making of restraint order
  306. 195L Further detention pending variation of restraint order
  307. 195M Further detention in other cases
  308. 195N Discharge, variation and lapse of detention order
  309. 195O Appeals
  310. 195P Detention of property pending section 195O appeal
  311. 195Q Hearsay evidence in detention order proceedings
  312. 195R Release of property
  313. 195S Codes of practice : Secretary of State
  314. 195T Codes of practice: Department of Justice
  315. 196 Appointment
  316. 197 Powers
  317. 198 Appointment
  318. 199 Powers
  319. 200 Appointment
  320. 201 Powers
  321. 202 Enforcement receivers
  322. 203 Sums received by chief clerk
  323. 204 Director’s receivers
  324. 205 Sums received by Director
  325. 206 Restraint orders
  326. 207 Enforcement receivers
  327. 208 Director’s receivers
  328. 209 Protection
  329. 210 Further applications
  330. 211 Discharge and variation
  331. 212 Management receivers: discharge
  332. 213 Appeal to Court of Appeal
  333. 214 Appeal to Supreme Court
  334. 215 Money
  335. 215ZA Cryptoassets
  336. 215ZB Meaning of “UK-connected cryptoasset service provider”
  337. 215A Seized personal property
  338. 215AA Destruction of seized cryptoassets
  339. 215B Costs of storage and realisation
  340. 215C Sections 215ZA to 215B: appeals
  341. 215D Proceeds of realisation
  342. 216 Applications and appeals
  343. 217 Powers of court and receiver etc
  344. 218 Committal by magistrates’ court
  345. 219 Sentencing by Crown Court
  346. 220 Serious default
  347. 221 Order varied or discharged
  348. 222 Enforcement abroad
  349. 223 Criminal lifestyle
  350. 224 Conduct and benefit
  351. 225 Tainted gifts
  352. 226 Gifts and their recipients
  353. 227 Value: the basic rule
  354. 228 Value of property obtained from conduct
  355. 229 Value of tainted gifts
  356. 230 Free property
  357. 231 Realisable property
  358. 232 Property: general provisions
  359. 232A Cryptoassets etc
  360. 233 Proceedings
  361. 234 Applications
  362. 235 Confiscation orders
  363. 235A No further possibility of appeal
  364. 236 Other interpretative provisions
  365. 237 Procedure on appeal to the Court of Appeal
  366. 238 Procedure on appeal to the
  367. 239 Crown Court Rules
  368. 240 General purpose of this Part
  369. 241 “Unlawful conduct”
  370. 241A “Gross human rights abuse or violation”
  371. 242 “Property obtained through unlawful conduct”
  372. 243 Proceedings for recovery orders in England and Wales or Northern Ireland
  373. 244 Proceedings for recovery orders in Scotland
  374. 245 “Associated property”
  375. 245ZA Notice to local authority: Scotland
  376. 245A Application for property freezing order
  377. 245B Variation and setting aside of order
  378. 245C Exclusions
  379. 245D Restriction on proceedings and remedies
  380. 245E Receivers in connection with property freezing orders
  381. 245F Powers of receivers appointed under section 245E
  382. 245G Supervision of section 245E receiver and variations
  383. 246 Application for interim receiving order
  384. 247 Functions of interim receiver
  385. 248 Registration
  386. 249 Registration (Northern Ireland)
  387. 250 Duties of respondent etc.
  388. 251 Supervision of interim receiver and variation of order
  389. 252 Restrictions on dealing etc. with property
  390. 253 Restriction on proceedings and remedies
  391. 254 Exclusion of property which is not recoverable etc.
  392. 255 Reporting
  393. 255A Application for prohibitory property order
  394. 255B Variation and recall of prohibitory property order
  395. 255C Exclusions
  396. 255D Restriction on proceedings and remedies
  397. 255E Arrestment of property affected by prohibitory property order
  398. 255F Inhibition of property affected by prohibitory property order
  399. 255G Receivers in connection with prohibitory property orders
  400. 255H Powers of receivers appointed under section 255G
  401. 255I Supervision of PPO receiver and variations
  402. 256 Application for interim administration order
  403. 257 Functions of interim administrator
  404. 258 Inhibition of property affected by order
  405. 259 Duties of respondent etc.
  406. 260 Supervision of interim administrator and variation of order
  407. 261 Restrictions on dealing etc. with property
  408. 262 Restriction on proceedings and remedies
  409. 263 Exclusion of property which is not recoverable etc.
  410. 264 Reporting
  411. 265 Arrestment of property affected by interim administration order
  412. 266 Recovery orders
  413. 267 Functions of the trustee for civil recovery
  414. 268 Recording of recovery order (Scotland)
  415. 269 Rights of pre-emption, etc.
  416. 269A Leases and occupancy rights: Scotland
  417. 270 Associated and joint property
  418. 271 Agreements about associated and joint property
  419. 272 Associated and joint property: default of agreement
  420. 273 Payments in respect of rights under pension schemes
  421. 274 Consequential adjustment of liabilities under pension schemes
  422. 275 Pension schemes: supplementary
  423. 276 Consent orders
  424. 277 Consent orders: pensions
  425. 278 Limit on recovery
  426. 279 Section 278: supplementary
  427. 280 Applying realised proceeds
  428. 281 Victims of theft, etc.
  429. 282 Other exemptions
  430. 282A Scope of powers
  431. 282B Enforcement abroad before recovery order: enforcement authority
  432. 282C Enforcement abroad before recovery order: receiver or administrator
  433. 282CA Enforcement abroad before recovery order: PPO receiver
  434. 282D Evidence overseas: interim receiver or interim administrator
  435. 282E Evidence overseas: restrictions on use
  436. 282F Enforcement abroad: after recovery order
  437. 283 Compensation
  438. 284 Payment of interim administrator or trustee (Scotland)
  439. 285 Effect on diligence of recovery order (Scotland)
  440. 286 Scope of powers (Scotland)
  441. 286A Legal expenses excluded from freezing: required conditions
  442. 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
  443. 287 Financial threshold
  444. 288 Limitation
  445. 288A Costs orders and expenses orders
  446. 289 Searches
  447. 290 Prior approval
  448. 291 Report on exercise of powers
  449. 292 Code of practice
  450. 293 Code of practice (Scotland)
  451. 293A Code of practice (Northern Ireland)
  452. 294 Seizure of cash
  453. 295 Detention of seized cash
  454. 296 Interest
  455. 297 Release of detained cash
  456. 297A Forfeiture notice
  457. 297B Content
  458. 297C Effect
  459. 297D Detention following lapse of notice
  460. 297E Application to set aside forfeiture
  461. 297F Release of cash subject to forfeiture notice
  462. 297G Application of forfeited cash
  463. 298 Forfeiture
  464. 299 Appeal against decision under section 298
  465. 300 Application of forfeited cash
  466. 301 Victims and other owners
  467. 302 Compensation
  468. 302A Powers for prosecutors to appear in proceedings
  469. 303 “The minimum amount”
  470. 303A Financial investigators
  471. 303B “Listed asset”
  472. 303C Searches
  473. 303D Searches: supplemental provision
  474. 303E Prior approval
  475. 303F Report on exercise of powers
  476. 303G Code of practice: Secretary of State
  477. 303H Code of practice: Scotland
  478. 303I Code of practice: Northern Ireland
  479. 303J Seizure of listed assets
  480. 303K Initial detention of seized property
  481. 303L Further detention of seized property
  482. 303M Testing and safekeeping of property seized under section 303J
  483. 303N Release of detained property
  484. 303O Forfeiture
  485. 303P Associated and joint property
  486. 303Q Agreements about associated and joint property
  487. 303R Associated and joint property: default of agreement
  488. 303S Sections 303O to 303R: appeals
  489. 303T Realisation of forfeited property
  490. 303U Proceeds of realisation
  491. 303V Victims and other owners
  492. 303W Compensation
  493. 303X Powers for prosecutors to appear in proceedings
  494. 303Y “The minimum value”
  495. 303Z Financial investigators
  496. 303Z1 Application for account freezing order
  497. 303Z2 Restrictions on making of application under section 303Z1
  498. 303Z3 Making of account freezing order
  499. 303Z4 Variation and setting aside of account freezing order
  500. 303Z5 Exclusions
  501. 303Z6 Restriction on proceedings and remedies
  502. 303Z7 “Bank”
  503. 303Z8 “The minimum amount”
  504. 303Z9 Account forfeiture notice
  505. 303Z10 Giving of account forfeiture notice
  506. 303Z11 Lapse of account forfeiture notice
  507. 303Z12 Application to set aside forfeiture
  508. 303Z13 Application of money forfeited under account forfeiture notice
  509. 303Z14 Forfeiture order
  510. 303Z15 Continuation of account freezing order pending appeal
  511. 303Z16 Appeal against decision under section 303Z14
  512. 303Z17 Application of money forfeited under account forfeiture order
  513. 303Z17A Victims and other owners
  514. 303Z18 Compensation
  515. 303Z19 Powers for prosecutors to appear in proceedings
  516. 303Z20 Definitions
  517. 303Z21 Searches
  518. 303Z22 Searches: supplemental provision
  519. 303Z23 Prior approval
  520. 303Z24 Report on exercise of powers
  521. 303Z25 Codes of practice
  522. 303Z26 Seizure of cryptoasset-related items
  523. 303Z27 Initial detention of seized cryptoasset-related items
  524. 303Z28 Further detention of seized cryptoasset-related items
  525. 303Z29 Seizure of cryptoassets
  526. 303Z30 Prior authorisation for detention of cryptoassets
  527. 303Z31 Initial detention of seized cryptoassets
  528. 303Z32 Further detention of seized cryptoassets
  529. 303Z33 Safekeeping of cryptoassets and cryptoasset-related items
  530. 303Z34 Release of cryptoassets and cryptoasset-related items
  531. 303Z35 Definitions
  532. 303Z36 Application for crypto wallet freezing order
  533. 303Z37 Making of a crypto wallet freezing order
  534. 303Z38 Variation and setting aside of crypto wallet freezing order
  535. 303Z39 Exclusions
  536. 303Z40 Restrictions on proceedings and remedies
  537. 303Z41 Forfeiture order
  538. 303Z42 Forfeiture order: supplementary
  539. 303Z43 Associated and joint property
  540. 303Z44 Agreements about associated and joint property
  541. 303Z45 Associated and joint property: default of agreement
  542. 303Z46 Continuation of crypto wallet freezing order pending appeal
  543. 303Z47 Sections 303Z41 to 303Z45: appeals
  544. 303Z48 Realisation or destruction of forfeited cryptoassets etc
  545. 303Z49 Proceeds of realisation
  546. 303Z50 Victims and other owners: detained cryptoassets
  547. 303Z51 Victims and other owners: crypto wallet freezing orders
  548. 303Z52 Compensation
  549. 303Z53 Powers for prosecutors to appear in proceedings
  550. 303Z54 Detained cryptoassets: conversion
  551. 303Z55 Frozen crypto wallet: conversion
  552. 303Z56 Conversion: existing forfeiture proceedings
  553. 303Z57 Detained cryptoassets: detention of proceeds of conversion
  554. 303Z58 Frozen crypto wallets: detention of proceeds of conversion
  555. 303Z59 Release of detained converted cryptoassets
  556. 303Z60 Forfeiture order
  557. 303Z61 Appeal against decision under section 303Z60
  558. 303Z62 Application of forfeited converted cryptoassets
  559. 303Z63 Victims and other owners
  560. 303Z64 Compensation
  561. 303Z65 Powers for prosecutors to appear in proceedings
  562. 303Z66 Interpretation
  563. 304 Property obtained through unlawful conduct
  564. 305 Tracing property, etc.
  565. 306 Mixing property
  566. 307 Recoverable property: accruing profits
  567. 308 General exceptions
  568. 309 Other exemptions
  569. 310 Granting interests
  570. 311 Insolvency
  571. 311A Financial investigators
  572. 312 Performance of functions of Scottish Ministers by constables in Scotland
  573. 313 Restriction on performance of Director’s functions by police
  574. 314 Obtaining and disposing of property
  575. 315 Northern Ireland courts
  576. 316 General interpretation
  577. 317 The National Crime Agency's general Revenue functions
  578. 318 Revenue functions regarding employment
  579. 319 Source of income
  580. 320 Appeals
  581. 321 The National Crime Agency's functions: transfers of value
  582. 322 The National Crime Agency's functions: certain settlements
  583. 323 Functions
  584. 324 Exercise of Revenue functions
  585. 325 Declarations
  586. 326 Interpretation
  587. 327 Concealing etc
  588. 328 Arrangements
  589. 329 Acquisition, use and possession
  590. 330 Failure to disclose: regulated sector
  591. 331 Failure to disclose: nominated officers in the regulated sector
  592. 332 Failure to disclose: other nominated officers
  593. 333 Tipping off
  594. 333A Tipping off: regulated sector
  595. 333B Disclosures within an undertaking or group etc
  596. 333C Other permitted disclosures between institutions etc
  597. 333D Other permitted disclosures etc
  598. 333E Interpretation of sections 333A to 333D
  599. 334 Penalties
  600. 335 Appropriate consent
  601. 336 Nominated officer: consent
  602. 336A Power of court to extend the moratorium period
  603. 336B Proceedings under section 336A: supplementary
  604. 336C Extension of moratorium period pending determination of proceedings etc
  605. 336D Sections 336A to 336C: interpretation
  606. 337 Protected disclosures
  607. 338 Authorised disclosures
  608. 339 Form and manner of disclosures
  609. 339ZA Disclosures to the NCA
  610. 339ZB Voluntary disclosures within the regulated sector
  611. 339ZC Section 339ZB: disclosure requests and required notifications
  612. 339ZD Section 339ZB: effect on required disclosures under section 330 or 331
  613. 339ZE Limitations on application of section 339ZD(2) and (3)
  614. 339ZF Section 339ZB: supplementary
  615. 339ZG Sections 339ZB to 339ZF: interpretation
  616. 339ZH Information orders
  617. 339ZL Code of practice about certain information orders
  618. 339ZI Statements
  619. 339ZJ Appeals
  620. 339ZK Supplementary
  621. 339A Threshold amounts
  622. 340 Interpretation
  623. 341 Investigations
  624. 341A Orders and warrants sought for civil recovery investigations
  625. 342 Offences of prejudicing investigation
  626. 343 Judges
  627. 344 Courts
  628. 345 Production orders
  629. 346 Requirements for making of production order
  630. 347 Order to grant entry
  631. 348 Further provisions
  632. 349 Computer information
  633. 350 Government departments
  634. 351 Supplementary
  635. 352 Search and seizure warrants
  636. 353 Requirements where production order not available
  637. 354 Further provisions: general
  638. 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations
  639. 356 Further provisions: civil recovery ... and exploitation proceeds investigations
  640. 356A Certain offences in relation to execution of search and seizure warrants
  641. 357 Disclosure orders
  642. 358 Requirements for making of disclosure order
  643. 359 Offences
  644. 360 Statements
  645. 361 Further provisions
  646. 362 Supplementary
  647. 362A Unexplained wealth orders
  648. 362B Requirements for making of unexplained wealth order
  649. 362C Effect of order: cases of non-compliance
  650. 362D Effect of order: cases of compliance or purported compliance
  651. 362DA Extension of period for making determination where interim freezing order has been made
  652. 362DB Extension of period pending determination of proceedings etc
  653. 362E Offence
  654. 362F Statements
  655. 362G Disclosure of information, copying of documents, etc
  656. 362H Holding of property: trusts and company arrangements etc
  657. 362I Supplementary
  658. 362IA Annual reports
  659. 362J Application for interim freezing order
  660. 362K Variation and discharge of interim freezing order
  661. 362L Exclusions
  662. 362M Restrictions on proceedings and remedies
  663. 362N Receivers in connection with interim freezing orders
  664. 362O Powers of receivers appointed under section 362N
  665. 362P Supervision of section 362N receiver and variations
  666. 362Q Registration
  667. 362R Compensation
  668. 362S Enforcement abroad: enforcement authority
  669. 362T Enforcement abroad: receiver
  670. 362U Costs orders
  671. 363 Customer information orders
  672. 364 Meaning of customer information
  673. 365 Requirements for making of customer information order
  674. 366 Offences
  675. 367 Statements
  676. 368 Disclosure of information
  677. 369 Supplementary
  678. 370 Account monitoring orders
  679. 371 Requirements for making of account monitoring order
  680. 372 Statements
  681. 373 Applications
  682. 374 Disclosure of information
  683. 375 Supplementary
  684. 375A Evidence overseas
  685. 375B Evidence overseas: restrictions on use
  686. 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  687. 376 Evidence overseas
  688. 377 Code of practice of Secretary of State etc.
  689. 377ZA Code of practice (Northern Ireland)
  690. 377ZB Disapplication of PACE codes
  691. 377A Code of practice of Attorney General or Advocate General for Northern Ireland
  692. 378 Officers
  693. 379 Miscellaneous
  694. 380 Production orders
  695. 381 Requirements for making of production order
  696. 382 Order to grant entry
  697. 383 Further provisions
  698. 384 Computer information
  699. 385 Government departments
  700. 386 Supplementary
  701. 387 Search warrants
  702. 388 Requirements where production order not available
  703. 389 Further provisions: general
  704. 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset
  705. 391 Disclosure orders
  706. 392 Requirements for making of disclosure order
  707. 393 Offences
  708. 394 Statements
  709. 395 Further provisions
  710. 396 Supplementary
  711. 396A Unexplained wealth orders
  712. 396B Requirements for making of unexplained wealth order
  713. 396C Effect of order: cases of non-compliance
  714. 396D Effect of order: cases of compliance or purported compliance
  715. 396DA Extension of period for making determination where interim freezing order has been made
  716. 396DB Extension of period pending determination of proceedings etc
  717. 396E Offence
  718. 396F Statements
  719. 396G Disclosure of information, copying of documents, etc
  720. 396H Holding of property: trusts and company arrangements etc
  721. 396I Supplementary
  722. 396J Application for interim freezing order
  723. 396K Variation and recall of interim freezing order
  724. 396L Exclusions
  725. 396M Restrictions on proceedings and remedies
  726. 396N Arrestment of property affected by interim freezing order
  727. 396O Inhibition of property affected by interim freezing order
  728. 396P Receivers in connection with interim freezing orders
  729. 396Q Powers of receivers appointed under section 396P
  730. 396R Supervision of section 396P receiver and variations
  731. 396S Compensation
  732. 396T Enforcement abroad: Scottish Ministers
  733. 396U Enforcement abroad: receiver
  734. 396V Expenses orders
  735. 397 Customer information orders
  736. 398 Meaning of customer information
  737. 399 Requirements for making of customer information order
  738. 400 Offences
  739. 401 Statements
  740. 402 Further provisions
  741. 403 Supplementary
  742. 404 Account monitoring orders
  743. 405 Requirements for making of account monitoring order
  744. 406 Statements
  745. 407 Further provisions
  746. 408 Supplementary
  747. 408A Evidence overseas
  748. 408B Evidence overseas: restrictions on use
  749. 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  750. 409 Jurisdiction of sheriff
  751. 410 Code of practice
  752. 411 Performance of functions of Scottish Ministers by constables in Scotland
  753. 412 Interpretation
  754. 412A Power to vary monetary amounts
  755. 413 Criminal conduct
  756. 414 Property
  757. 415 Money laundering offences
  758. 416 Other interpretative provisions
  759. 417 Modifications of the 1986 Act
  760. 418 Restriction of powers
  761. 419 Tainted gifts
  762. 420 Modifications of the 2016 Act
  763. 421 Restriction of powers
  764. 422 Tainted gifts
  765. 423 Modifications of the 1989 Order
  766. 424 Restriction of powers
  767. 425 Tainted gifts
  768. 426 Winding up under the 1986 Act
  769. 427 Tainted gifts
  770. 428 Winding up under the 1989 Order
  771. 429 Tainted gifts
  772. 430 Floating charges
  773. 431 Limited liability partnerships
  774. 432 Insolvency practitioners
  775. 433 Meaning of insolvency practitioner
  776. 434 Interpretation
  777. 435 Use of information by certain authorities
  778. 436 Disclosure of information to certain authorities
  779. 437 Further disclosure
  780. 438 Disclosure of information by certain authorities
  781. 439 Disclosure of information to Lord Advocate and to Scottish Ministers
  782. 440 Further disclosure
  783. 441 Disclosure of information by Lord Advocate and by Scottish Ministers
  784. 442 Restriction on disclosure for overseas purposes
  785. 442A Data protection legislation
  786. 443 Enforcement in different parts of the United Kingdom
  787. 444 External requests and orders
  788. 445 External investigations
  789. 445A Sharing of beneficial ownership information
  790. 446 Rules of court
  791. 447 Interpretation
  792. 448 Tax
  793. 449 NCA officers: pseudonyms
  794. 449A Staff of relevant Directors: pseudonyms
  795. 450 Pseudonyms: Scotland
  796. 451 Revenue and Customs prosecutions
  797. 452 Crown servants
  798. 453 References to financial investigators
  799. 453A Certain offences in relation to financial investigators
  800. 453B Certain offences in relation to SFO officers
  801. 453C Obstruction offence in relation to immigration officers
  802. 454 Customs officers
  803. 454A Serious Fraud Office
  804. 455 Enactment
  805. 456 Amendments
  806. 457 Repeals and revocations
  807. 458 Commencement
  808. 459 Orders and regulations
  809. 460 Finance
  810. 461 Extent
  811. 462 Short title
  812. SCHEDULE 1 Assets Recovery Agency
  813. SCHEDULE 2 Lifestyle offences: England and Wales
  814. SCHEDULE 3 Administrators: further provision
  815. SCHEDULE 4 Lifestyle offences: Scotland
  816. SCHEDULE 5 Lifestyle offences: Northern Ireland
  817. SCHEDULE 6 Powers of interim receiver or administrator
  818. SCHEDULE 7 Powers of trustee for civil recovery
  819. SCHEDULE 7A Connection with relevant part of United Kingdom
  820. SCHEDULE 8 Forms of declarations
  821. SCHEDULE 9 Regulated sector and supervisory authorities
  822. SCHEDULE 10 Tax
  823. SCHEDULE 11 Amendments
  824. SCHEDULE 12 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

824 provisions

336 Nominated officer: consent

(1) A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied. (2) The condition is that— (a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency, and (b) such a person gives consent to the doing of the act. (3) The condition is that— (a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency, and (b) before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused. (4) The condition is that— (a) he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency, (b) before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and (c) the moratorium period has expired. (5) A person who is a nominated officer commits an offence if— (a) he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and (b) he knows or suspects that the act is a prohibited act. (6) A person guilty of such an offence is liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both. (7) The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure. (8) The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused. (9) A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent. (10) References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be). (11) A nominated officer is a person nominated to receive disclosures under section 338.

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336A Power of court to extend the moratorium period

(1) The court may, on an application under this section, grant an extension of a moratorium period if satisfied that— (a) an investigation is being carried out in relation to a relevant disclosure (but has not been completed), (b) the investigation is being conducted diligently and expeditiously, (c) further time is needed for conducting the investigation, and (d) it is reasonable in all the circumstances for the moratorium period to be extended. (2) An application under this section may be made only by a senior officer. (3) The application must be made before the moratorium period would otherwise end. (4) An extension of a moratorium period must end no later than 31 days beginning with the day after the day on which the period would otherwise end. (5) Where a moratorium period is extended by the court under this section, it may be further extended by the court (on one or more occasions) on the making of another application. (6) A moratorium period extended in accordance with subsection (2) or (4) of section 336C may also be further extended by the court on the making of an application under this section. (7) But the court may not grant a further extension of a moratorium period if the effect would be to extend the period by more than 186 days (in total) beginning with the day after the end of the 31 day period mentioned in section 335(6) or (as the case may be) section 336(8). (8) Subsections (1) to (4) apply to any further extension of a moratorium period as they apply to the first extension of the period under this section. (9) An application under this section may be made by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the prohibited act in relation to which the moratorium period in question applies— (a) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or (b) is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. (10) In subsection (9)— “prohibited act” has the meaning given by section 335(8) or (as the case may be) section 336(10); “relevant nationality enactment” means any enactment in— the British Nationality Act 1981, the Hong Kong Act 1985, the Hong Kong (War Wives and Widows) Act 1996, the British Nationality (Hong Kong) Act 1997, the British Overseas Territories Act 2002, or an instrument made under any of those Acts.

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336B Proceedings under section 336A: supplementary

(1) This section applies to proceedings on an application under section 336A. (2) The court must determine the proceedings as soon as reasonably practicable. (3) The court may exclude from any part of the hearing— (a) an interested person; (b) anyone representing that person. (4) The person who made the application may apply to the court for an order that specified information upon which he or she intends to rely be withheld from— (a) an interested person; (b) anyone representing that person. (5) The court may make such an order only if satisfied that there are reasonable grounds to believe that if the specified information were disclosed— (a) evidence of an offence would be interfered with or harmed, (b) the gathering of information about the possible commission of an offence would be interfered with, (c) a person would be interfered with or physically injured, (d) the recovery of property under this Act would be hindered, or (e) national security would be put at risk. (6) The court must direct that the following be excluded from the hearing of an application under subsection (4)— (a) the interested person to whom that application relates; (b) anyone representing that person. (7) Subject to this section, rules of court may make provision as to the practice and procedure to be followed in connection with proceedings in relation to applications under section 336A. (8) An appeal lies to the appropriate appeal court on a point of law arising from a decision made by the Crown Court in Northern Ireland or by the sheriff. (9) The appropriate appeal court may on such an appeal make any order that it considers appropriate (subject to the restriction mentioned in section 336A(7)). (10) The appropriate appeal court is— (a) in the case of a decision of the Crown Court in Northern Ireland, the Court of Appeal in Northern Ireland; (b) in the case of a decision of the sheriff, the Sheriff Appeal Court. (11) For rights of appeal in the case of decisions made by the Crown Court in England and Wales, see section 28 of the Senior Courts Act 1981 (appeals from Crown Court and inferior courts).

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336C Extension of moratorium period pending determination of proceedings etc

(1) A moratorium period is extended in accordance with subsection (2) where— (a) an application is made to the court under section 336A for the extension (or further extension) of the moratorium period, and (b) the period would (apart from that subsection) end before the court determines the application or it is otherwise disposed of. (2) The moratorium period is extended from the time when it would otherwise end until the court determines the application or it is otherwise disposed of. (3) A moratorium period is extended in accordance with subsection (4) where— (a) proceedings on an appeal in respect of a decision on an application under section 336A have been brought, and (b) the period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of. (4) The moratorium period is extended from the time when it would otherwise end until the proceedings are finally determined or otherwise disposed of. (5) But the maximum period by which the moratorium period is extended by virtue of subsection (2) or (4) is 31 days beginning with the day after the day on which the period would otherwise have ended. (6) A moratorium period is extended in accordance with subsection (7) where— (a) an application is made to the court under section 336A for an extension of the period, (b) the court refuses to grant the application, and (c) the period would (apart from that subsection) end before the end of the 5 day period. (7) The moratorium period is extended from the time when it would otherwise end until— (a) the end of the 5 day period, or (b) if proceedings on an appeal against the decision are brought before the end of the 5 day period, the time when those proceedings are brought. (8) The “5 day period” is the period of 5 working days beginning with the day on which the court refuses to grant the application. (9) This restriction on the overall extension of a moratorium period mentioned in section 336A(7) applies to an extension of a moratorium period in accordance with any provision of this section as it applies to an extension under an order of the court.

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336D Sections 336A to 336C: interpretation

(1) This section provides for the meaning of terms used in sections 336A to 336C (and in this section). (2) “The court” means— (a) in relation to England and Wales or Northern Ireland, the Crown Court; (b) in relation to Scotland, the sheriff. (3) “Interested person” means— (a) the person who made the relevant disclosure, and (b) any other person who appears to the person making the application under section 336A to have an interest in the relevant property. (4) “Moratorium period” means the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C. (5) “Relevant disclosure” means— (a) where the application under section 336A relates to the moratorium period mentioned in section 335(6), the authorised disclosure mentioned in section 335(2)(a); (b) where the application under section 336A relates to the moratorium period mentioned in section 336(8), the disclosure mentioned in section 336(4)(a). (6) “Relevant property” means any property that would be the subject of the prohibited act (within the meaning of section 335(8) or (as the case may be) section 336(10)) in relation to which the moratorium period in question applies. (7) In the case of an application to the Crown Court, “senior officer” means— (a) the Director General of the National Crime Agency, (b) any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, (c) a police officer of at least the rank of inspector, (d) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank, (e) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank, (f) a member of staff of the Financial Conduct Authority who is not below such grade as is designated by the Treasury for the purposes of this Part, (g) the Director of the Serious Fraud Office (or a member of staff of that Office authorised for the purposes of section 336A by virtue of section 2C(2)), or (h) an accredited financial investigator who falls within a description specified in an order made for the purposes of section 336A by the Secretary of State or the Welsh Ministers under section 453. (8) In the case of an application to the sheriff, “senior officer” means a procurator fiscal. (9) “Working day” means a day other than— (a) a Saturday, (b) a Sunday, (c) Christmas Day, (d) Good Friday, or (e) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 336A is made.

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337 Protected disclosures

(1) A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the disclosure of information (however imposed). (2) The first condition is that the information or other matter disclosed came to the person making the disclosure (the discloser) in the course of his trade, profession, business or employment. (3) The second condition is that the information or other matter— (a) causes the discloser to know or suspect, or (b) gives him reasonable grounds for knowing or suspecting, that another person is engaged in money laundering. (4) The third condition is that the disclosure is made to a constable, a customs officer or a nominated officer as soon as is practicable after the information or other matter comes to the discloser. (4A) Where a disclosure consists of a disclosure protected under subsection (1) and a disclosure of either or both of— (a) the identity of the other person mentioned in subsection (3), and (b) the whereabouts of property forming the subject-matter of the money laundering that the discloser knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in, the disclosure of the thing mentioned in paragraph (a) or (b) (as well as the disclosure protected under subsection (1)) is not to be taken to breach any restriction on the disclosure of information (however imposed). (5) A disclosure to a nominated officer is a disclosure which— (a) is made to a person nominated by the discloser’s employer to receive disclosures undersection 330 or this section, and (b) is made in the course of the discloser’s employment ....

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338 Authorised disclosures

(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) ... and (c) the first , second or third condition set out below is satisfied. (2) The first condition is that the disclosure is made before the alleged offender does the prohibited act. (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. (3) The third condition is that— (a) the disclosure is made after the alleged offender does the prohibited act, (b) he has a reasonable excuse 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). (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. (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) is 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).

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339 Form and manner of disclosures

(1) The Secretary of State may by order prescribe the form and manner in which a disclosure under section 330, 331, 332 or 338 must be made. (1A) A person commits an offence if he makes a disclosure under section 330, 331, 332 or 338 otherwise than in the form prescribed under subsection (1) or otherwise than in the manner so prescribed. (1B) But a person does not commit an offence under subsection (1A) if he has a reasonable excuse for making the disclosure otherwise than in the form prescribed under subsection (1) or (as the case may be) otherwise than in the manner so prescribed. (2) The power under subsection (1) to prescribe the form in which a disclosure must be made includes power to provide for the form to include a request to a person making a disclosure that the person provide information specified or described in the form if he has not provided it in making the disclosure. (3) Where under subsection (2) a request is included in a form prescribed under subsection (1), the form must— (a) state that there is no obligation to comply with the request, and (b) explain the protection conferred by subsection (4) on a person who complies with the request. (4) A disclosure made in pursuance of a request under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Subsection (2) does not apply to a disclosure made to a nominated officer.

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339ZA Disclosures to the NCA

Where a disclosure is made under this Part to a constable or an officer of Revenue and Customs, the constable or officer of Revenue and Customs must disclose it in full to a person authorised for the purposes of this Part by the Director General of the National Crime Agency as soon as practicable after it has been made.

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339ZB Voluntary disclosures within the regulated sector

(1) A person (A) may disclose information to one or more other persons if conditions 1 to 4 are met. (2) Condition 1 is that— (a) A is carrying on a business in the regulated sector as a relevant undertaking, (b) the information on which the disclosure is based came to A in the course of carrying on that business, and (c) the person to whom the information is to be disclosed (or each of them, where the disclosure is to more than one person) is also carrying on a business in the regulated sector as a relevant undertaking (whether or not of the same kind as A). (3) Condition 2 is that— (a) an NCA authorised officer has requested A to make the disclosure, or (b) the person to whom the information is to be disclosed (or at least one of them, where the disclosure is to more than one person) has requested A to do so. (4) Condition 3 is that, before A makes the disclosure, the required notification has been made to an NCA authorised officer (see section 339ZC(3) to (5)). (5) Condition 4 is that A is satisfied that the disclosure of the information will or may assist in determining any matter in connection with a suspicion that a person is engaged in money laundering. (6) A person may disclose information to A for the purposes of making a disclosure request if, and to the extent that, the person has reason to believe that A has in A's possession information that will or may assist in determining any matter in connection with a suspicion that a person is engaged in money laundering.

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339ZC Section 339ZB: disclosure requests and required notifications

(1) A disclosure request must— (a) state that it is made in connection with a suspicion that a person is engaged in money laundering, (b) identify the person (if known), (c) describe the information that is sought from A, and (d) specify the person or persons to whom it is requested that the information is disclosed. (2) Where the disclosure request is made by a person mentioned in section 339ZB(3)(b), the request must also— (a) set out the grounds for the suspicion that a person is engaged in money laundering, or (b) provide such other information as the person making the request thinks appropriate for the purposes of enabling A to determine whether the information requested ought to be disclosed under section 339ZB(1). (3) A required notification must be made— (a) in the case of a disclosure request made by an NCA authorised officer, by the person who is to disclose information under section 339ZB(1) as a result of the request; (b) in the case of a disclosure request made by a person mentioned in section 339ZB(3)(b), by the person who made the request. (4) In a case within subsection (3)(a), the required notification must state that information is to be disclosed under section 339ZB(1). (5) In a case within subsection (3)(b), the required notification must— (a) state that a disclosure request has been made, (b) specify the person to whom the request was made, (c) identify any person (if known) suspected of being engaged in money laundering in connection with whom the request was made, and (d) provide all such other information that the person giving the notification would be required to give if making the required disclosure for the purposes of section 330 (see in particular subsection (5)(b) and (c) of that section).

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339ZD Section 339ZB: effect on required disclosures under section 330 or 331

(1) This section applies if in any proceedings a question arises as to whether the required disclosure has been made for the purposes of section 330(4) or 331(4)— (a) by a person (A) who discloses information under section 339ZB(1) as a result of a disclosure request, (b) by a person (B) who makes a required notification in accordance with section 339ZC(3)(b) in connection with that request, or (c) by any other person (C) to whom A discloses information under section 339ZB(1) as a result of that request. (2) The making of a required notification in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of A, B and C. This is subject to section 339ZE(1) to (8). (3) The making of a joint disclosure report in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of the persons who jointly make the report. This is subject to section 339ZE(10). (4) A joint disclosure report is a report to an NCA authorised officer that— (a) is made jointly by A and B (whether or not also jointly with other persons to whom A discloses information under section 339ZB(1)), (b) satisfies the requirements as to content mentioned in subsection (5), (c) is prepared after the making of a disclosure by A to B under section 339ZB(1) in connection with a suspicion of a person's engagement in money laundering, and (d) is sent to the NCA authorised officer before the end of the applicable period. (5) The requirements as to content are that the report must— (a) explain the extent to which there are continuing grounds to suspect that the person mentioned in subsection (4)(c) is engaged in money laundering, (b) identify the person (if known), (c) set out the grounds for the suspicion, and (d) provide any other information relevant to the matter. (6) The applicable period is— (a) in a case where the disclosure under section 339ZB was made as a result of a disclosure request from an NCA authorised officer by virtue of subsection (3)(a) of that section, whatever period may be specified by the officer when making the request; (b) in a case where the disclosure was made as a result of a disclosure request from another person by virtue of subsection (3)(b) of that section, the period of 84 days beginning with the day on which a required notification is made in connection with the request. (7) A joint disclosure report must be— (a) approved by the nominated officer of each person that jointly makes the report, and (b) signed by the nominated officer on behalf of each such person. If there is no nominated officer the report must be approved and signed by another senior officer. (8) References in this section to A, B or C include— (a) a nominated officer acting on behalf of A, B or C, and (b) any other person who is an employee, officer or partner of A, B or C.

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339ZE Limitations on application of section 339ZD(2) and (3)

(1) Subsections (2) and (3) apply in a case where the required notification is made by A (notification made as a result of disclosure request received from NCA authorised officer). (2) Section 339ZD(2) has effect in the case of A, B or C only so far as relating to— (a) the suspicion in connection with which the required notification is made, and (b) matters known, suspected or believed as a result of the making of the disclosure request concerned. (3) Accordingly, section 339ZD(2) does not remove any requirement to make the required disclosure in relation to anything known, suspected or believed that does not result only from the making of the disclosure request. (4) Subsections (5) to (7) apply in a case where the required notification is made by B (notification made as a result of disclosure request received from another undertaking in the regulated sector). (5) Section 339ZD(2) has effect in the case of A or C only so far as relating to— (a) the suspicion in connection with which the notification by B is made, and (b) matters known, suspected or believed by A or C as a result of the making of that notification. (6) Accordingly, section 339ZD(2) does not remove any requirement to make the required disclosure in relation to anything known, suspected or believed that does not result only from the making of the notification. (7) Section 339ZD(2) has effect in the case of B only so far as relating to— (a) the suspicion in connection with which the notification is made, and (b) matters known, suspected or believed by B at the time of the making of the notification. (8) If a joint disclosure report is not made before the end of the applicable period (whether the required notification was made by A or B), section 339ZD(2)— (a) has effect only so far as relating to any requirement to make the required disclosure that would have otherwise arisen within that period, and (b) does not remove a requirement to make the required disclosure so far as arising after the end of that period on the part of any person in respect of matters that may become known, suspected or believed by the person after the time when the required notification was made. (9) If a joint disclosure report is not made before the end of the applicable period, the person who made the required notification must notify an NCA authorised officer that a report is not being made as soon as reasonably practicable after the period ends. (10) Section 339ZD(3) has effect only so far as relating to— (a) the suspicion in connection with which the report is made, and (b) matters known, suspected or believed at the time of the making of the report. (11) Terms used in this section have the same meanings as in section 339ZD.

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339ZF Section 339ZB: supplementary

(1) A relevant disclosure made in good faith does not breach— (a) an obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information, however imposed. (2) But a relevant disclosure may not include information obtained from a UK law enforcement agency unless that agency consents to the disclosure. (3) In a case where a person is acting on behalf of another (“the undertaking”) as a nominated officer— (a) a relevant disclosure by the undertaking must be made by the nominated officer on behalf of the undertaking, and (b) a relevant disclosure to the undertaking must be made to that officer. (4) Subsection (1) applies whether or not the conditions in section 339ZB were met in respect of the disclosure if the person making the disclosure did so in the reasonable belief that the conditions were met. (5) In this section— “relevant disclosure” means any disclosure made in compliance, or intended compliance, with section 339ZB; “UK law enforcement agency” means— the National Crime Agency; a police force in England, Scotland, Northern Ireland or Wales; any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of preventing, detecting, investigating or prosecuting offences.

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339ZG Sections 339ZB to 339ZF: interpretation

(1) This section applies for the purposes of sections 339ZB to 339ZF. (2) “Disclosure request” means a request made for the purposes of condition 2 in section 339ZB(3). (3) “NCA authorised officer” means a person authorised for the purposes of this Part by the Director General of the National Crime Agency. (4) “Nominated officer” means a person nominated to receive disclosures under section 330. (5) “Relevant undertaking” means any of the following— (a) a credit institution; (b) a financial institution; (c) a professional legal adviser; (d) a relevant professional adviser; (e) other persons (not within paragraphs (a) to (d)) whose business consists of activities listed in paragraph 1(1) of Schedule 9. (6) “Required disclosure” has the same meaning as in section 330(5) or (as the case may be) section 331(5). (7) “Required notification” means a notification made for the purposes of condition 3 in section 339ZB(4). (8) For the purposes of subsection (5)— (a) “credit institution” has the same meaning as in Schedule 9; (b) “financial institution” means an undertaking that carries on a business in the regulated sector by virtue of any of paragraphs (b) to (i) of paragraph 1(1) of that Schedule; (c) “relevant professional adviser” has the meaning given by section 333E(5). (9) Schedule 9 has effect for determining what is a business in the regulated sector.

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339ZH Information orders

(1) A magistrates' court or (in Scotland) the sheriff may, on an application made by a relevant person, make an information order if satisfied that one of conditions 1 to 4 is met. (2) The application must— (a) specify or describe the information sought under the order, and (b) specify the person from whom the information is sought (“the respondent”). (3) An information order is an order requiring the respondent to provide— (a) the information specified or described in the application for the order, or (b) such other information as the court or sheriff making the order thinks appropriate, so far as the information is in the possession, or under the control, of the respondent. (4) Condition 1 for the making of an information order is met if— (a) the information required to be given under the order would relate to a matter arising from a disclosure made under this Part, (b) the respondent is the person who made the disclosure or is otherwise carrying on a business in the regulated sector, (c) the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and (d) it is reasonable in all the circumstances for the information to be provided. (5) Condition 2 for the making of an information order is met if— (a) the information required to be given under the order would relate to a matter arising from a disclosure made under a corresponding disclosure requirement, (b) an external request has been made to the National Crime Agency for the provision of information in connection with that disclosure, (c) the respondent is carrying on a business in the regulated sector, (d) the information is likely to be of substantial value to the authority that made the external request in determining any matter in connection with the disclosure, and (e) it is reasonable in all the circumstances for the information to be provided. (6) For the purposes of subsection (5), “external request” means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed. (6A) Condition 3 for the making of an information order is met if— (a) the information would assist an authorised NCA officer to conduct— (i) operational analysis of information that is relevant to money laundering or suspected money laundering, or (ii) strategic analysis identifying trends or patterns in the conduct of money laundering, or systemic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of money laundering, for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to money laundering, (b) the respondent is a person carrying on a business in the regulated sector, (c) where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 339ZL, (d) where the application for the order is made to the sheriff— (i) the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and (ii) the person making that request has had regard to the code of practice under section 339ZL, and (e) it is reasonable in all the circumstances for the information to be provided. (6B) Condition 4 for the making of an information order is met if— (a) a request has been made by a foreign FIU to the National Crime Agency for the provision of the information required to be given under the order, (b) an authorised NCA officer has reasonable grounds to believe that the request was made only for the purpose of assisting the foreign FIU to conduct one or both of the following— (i) operational analysis of information that is relevant to money laundering or suspected money laundering, or (ii) strategic analysis identifying trends or patterns in the conduct of money laundering, or systematic deficiencies or vulnerabilities which have been, are being or are likely to be, exploited for the purposes of money laundering, and that the information is likely to be of substantial value to the foreign FIU in carrying out such analysis, (c) the provision of the information by the National Crime Agency to the foreign FIU would be for the purposes of the criminal intelligence function of the National Crime Agency, so far as it relates to money laundering, (d) the respondent is a person carrying on a business in the regulated sector, (e) where the application for the order is made to a magistrates’ court, the person making the application has had regard to the code of practice under section 339ZL, (f) where the application for the order is made to the sheriff— (i) the application is made by a procurator fiscal at the request of the Director General of the National Crime Agency or an authorised NCA officer, and (ii) the person making that request has had regard to the code of practice under section 339ZL, and (g) it is reasonable in all the circumstances for the information to be provided. (7) An information order must specify— (a) how the information required under the order is to be provided, and (b) the date by which it is to be provided. (8) If a person fails to comply with an information order made by a magistrates' court, the magistrates' court may order the person to pay an amount not exceeding £5,000. (9) The sum mentioned in subsection (8) is to be treated as adjudged to be paid by a conviction of the court for the purposes of the Magistrates' Courts Act 1980 or (as the case may be) the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). (10) In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (8). (11) Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector. (12) In this section— “authorised NCA officer” means a National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this section; “corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part; “corresponding money laundering offence” means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11); “the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013; “foreign country” means a country or territory outside the United Kingdom; “foreign FIU” means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time); “relevant person” means— in the case of an application to a magistrates' court, the Director General of the National Crime Agency or any authorised NCA officer, or in the case of an application to the sheriff, a procurator fiscal.

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339ZL Code of practice about certain information orders

(1) The Secretary of State must make a code of practice in connection with the exercise of the following functions by the Director General of the National Crime Agency or an authorised NCA officer— (a) the making of an application to the magistrates’ court for an information order in reliance on Condition 3 or 4 in section 339ZH being met; (b) the making of a request to a procurator fiscal for the procurator fiscal to apply for an information order in reliance on Condition 3 or 4 in section 339ZH being met. (2) Where the Secretary of State proposes to issue a code of practice the Secretary of State must— (a) publish a draft, (b) consider any representations made about the draft, and (c) if the Secretary of State thinks appropriate, modify the draft in the light of any such representations. (3) A requirement in paragraph (a), (b) or (c) of subsection (2) may be satisfied by the carrying out of the action required by the paragraph in question before this section comes into force. (4) The Secretary of State must lay a draft of the code before Parliament. (5) When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by regulations. (6) The Secretary of State may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (5) apply to a revised code as they apply to the original code. (7) A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings. (8) The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. (9) A code of practice made under this section may be combined with a code of practice under section 22F of the Terrorism Act 2000 (code of practice relating to information orders under section 22B(1A) of that Act). (10) In this section “authorised NCA officer” has the meaning given in section 339ZH(12).

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339ZI Statements

(1) A statement made by a person in response to an information order may not be used in evidence against the person in criminal proceedings. (2) Subsection (1) does not apply— (a) in the case of proceedings under this Part, (b) on a prosecution for perjury, or (c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (1). (3) A statement may not be used by virtue of subsection (2)(c) unless— (a) evidence relating to it is adduced, or (b) a question relating to it is asked, by or on behalf of the person in the proceedings arising out of the prosecution. (4) In subsection (2)(b) the reference to a prosecution for perjury is— (a) in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911; (b) in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

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339ZJ Appeals

(1) An appeal from a decision on an application for an information order lies to the relevant appeal court. (2) An appeal under this section lies at the instance of any person who was a party to the proceedings on the application. (3) The “relevant appeal court” is— (a) the Crown Court, in the case of a decision made by a magistrates' court in England and Wales; (b) a county court, in the case of a decision made by a magistrates' court in Northern Ireland; (c) the Sheriff Appeal Court, in the case of a decision made by the sheriff. (4) On an appeal under this section the relevant appeal court may— (a) make or (as the case may be) discharge an information order, or (b) vary the order.

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339ZK Supplementary

(1) An information order does not confer the right to require a person to provide privileged information. (2) “Privileged information” is information which a person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court or, in Scotland, legal privilege as defined by section 412. (3) Information provided in pursuance of an information order is not to be taken to breach any restriction on the disclosure of information (however imposed). (4) An application for an information order may be heard and determined in private. (5) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to ... information orders.

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339A Threshold amounts

(1) In this section— (a) subsections (2) to (6) apply for the purposes of sections 327(2C), 328(5) and 329(2C), and (b) subsection (6A) applies for the purposes of sections 327(2D), 328(6) and 329(2D). (2) The threshold amount for acts done by a deposit-taking body , electronic money institution or payment institution in operating an account is £3,000 unless a higher amount is specified under the following provisions of this section (in which event it is that higher amount). (3) An officer of Revenue and Customs, or a constable, may specify the threshold amount for acts done by a deposit-taking body , electronic money institution or payment institution in operating an account— (a) when he gives consent, or gives notice refusing consent, to the body's or institution's doing of an act mentioned in section 327(1), 328(1) or 329(1) in opening, or operating, the account or a related account, or (b) on a request from the body or institution. (4) Where the threshold amount for acts done in operating an account is specified under subsection (3) or this subsection, an officer of Revenue and Customs, or a constable, may vary the amount (whether on a request from the deposit-taking body , electronic money institution or payment institution or otherwise) by specifying a different amount. (5) Different threshold amounts may be specified under subsections (3) and (4) for different acts done in operating the same account. (6) The amount specified under subsection (3) or (4) as the threshold amount for acts done in operating an account must, when specified, not be less than the amount specified in subsection (2). (6A) The threshold amount for acts done by a person carrying on business in the regulated sector, for the purposes of the termination of a business relationship with a customer or client, is £3,000. (7) The Secretary of State may by order vary the amount for the time being specified in subsection (2) or (6A). (8) For the purposes of this section, an account is related to another if each is maintained with the same deposit-taking body , electronic money institution or payment institution and there is a person who, in relation to each account, is the person or one of the persons entitled to instruct the body or institution as respects the operation of the account.

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340 Interpretation

(1) This section applies for the purposes of this Part. (2) Criminal conduct is conduct which— (a) constitutes an offence in any part of the United Kingdom, or (b) would constitute an offence in any part of the United Kingdom if it occurred there. (3) Property is criminal property if— (a) it constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and (b) the alleged offender knows or suspects that it constitutes or represents such a benefit. (4) It is immaterial— (a) who carried out the conduct; (b) who benefited from it; (c) whether the conduct occurred before or after the passing of this Act. (5) A person benefits from conduct if he obtains property as a result of or in connection with the conduct. (6) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage. (7) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other. (8) If a person benefits from conduct his benefit is the property obtained as a result of or in connection with the conduct. (9) Property is all property wherever situated and includes— (a) money; (b) all forms of property, real or personal, heritable or moveable; (c) things in action and other intangible or incorporeal property. (10) The following rules apply in relation to property— (a) property is obtained by a person if he obtains an interest in it; (b) references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power; (c) references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security; (d) references to an interest, in relation to property other than land, include references to a right (including a right to possession). (11) Money laundering is an act which— (a) constitutes an offence under section 327, 328 or 329, (b) constitutes an attempt, conspiracy or incitement to commit an offence specified in paragraph (a), (c) constitutes aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a), or (d) would constitute an offence specified in paragraph (a), (b) or (c) if done in the United Kingdom. (12) For the purposes of a disclosure to a nominated officer— (a) references to a person’s employer include any body, association or organisation (including a voluntary organisation) in connection with whose activities the person exercises a function (whether or not for gain or reward), and (b) references to employment must be construed accordingly. (13) References to a constable include references to a person authorised for the purposes of this Part by the Director General of the National Crime Agency. (14) “Deposit-taking body” means— (a) a business which engages in the activity of accepting deposits, ... (b) the National Savings Bank , or (c) a person specified, or of a description specified, in regulations made by the Treasury or the Secretary of State. (14A) In subsection (14)(a)— (a) the reference to the activity of accepting deposits is a reference to that activity so far as it is, for the time being, a regulated activity for the purposes of the Financial Services and Markets Act 2000 by virtue of an order under section 22 of that Act, but (b) the reference to a business which engages in that activity does not include a person specified, or of a description specified, in regulations made by the Treasury or the Secretary of State. (14B) Before making regulations under subsection (14A)(b), the Treasury or the Secretary of State (as appropriate) must consult such persons likely to be affected by the regulations, or such representatives of such persons, as they consider appropriate. (14C) “Electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations). (15) “Information order” means an order made under section 339ZH. (16) “Payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)). (17) “Business relationship” means a business, professional or commercial relationship between a person carrying on business in the regulated sector and a customer or client, where the relationship— (a) arises out of the business of that person, and (b) is expected by that person, at the time when contact is established, to have an element of duration.

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341 Investigations

(1) For the purposes of this Part a confiscation investigation is an investigation into— (a) whether a person has benefited from his criminal conduct, ... (b) the extent or whereabouts of his benefit from his criminal conduct , or (c) the available amount in respect of the person or the extent or whereabouts of realisable property available for satisfying a confiscation order made in respect of him. (2) For the purposes of this Part a civil recovery investigation is an investigation for the purpose of identifying recoverable property or associated property and includes investigation into— (a) whether property is or has been recoverable property or associated property, (b) who holds or has held property, (c) what property a person holds or has held, or (d) the nature, extent or whereabouts of property. (3) But an investigation is not a civil recovery investigation to the extent that it relates to— (a) property in respect of which proceedings for a recovery order have been started, (b) property to which an interim receiving order applies, (c) property to which an interim administration order applies, ... (d) property detained under section 295 , 303K or 303L. , ... (e) property held in an account in relation to which an account freezing order made under section 303Z3 has effect. , or (f) property detained under Chapter 3C or 3F of Part 5 or property held in an account in relation to which a crypto wallet freezing order made under section 303Z37 has effect. (3A) For the purposes of this Part a detained cash investigation is an investigation for the purposes of Chapter 3 of Part 5 into— (a) ... the derivation of cash detained under that Chapter or a part of such cash, or (b) ... whether cash detained under that Chapter, or a part of such cash, is intended by any person to be used in unlawful conduct. (3B) For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into— (a) the derivation of property detained under that Chapter, or a part of such property, or (b) whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct. (3C) For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into— (a) the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”) or of a part of such money, or (b) whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct. (3D) For the purposes of this Part a cryptoasset investigation is an investigation for the purposes of Chapter 3C, 3D, 3E or 3F of Part 5 and includes investigation into— (a) the derivation of cryptoassets detained under Chapter 3C (including where the cryptoassets have been converted into money in accordance with Chapter 3F), (b) whether cryptoassets or converted cryptoassets detained under Chapter 3C or 3F are intended by any person to be used in unlawful conduct, (c) the derivation of cryptoassets held in a crypto wallet in relation to which a crypto wallet freezing order made under section 303Z37 has effect (including where the cryptoassets have been converted into money in accordance with Chapter 3F), or (d) whether cryptoassets held in such a wallet are intended by any person to be used in unlawful conduct. (4) For the purposes of this Part a money laundering investigation is an investigation into whether a person has committed a money laundering offence. (5) For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into— (a) whether a person is a qualifying offender, (b) whether a person has obtained exploitation proceeds from a relevant offence, (c) the value of any benefits derived by a person from a relevant offence, or (d) the available amount in respect of a person. Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.

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341A Orders and warrants sought for civil recovery investigations

Where an application under this Part for an order or warrant specifies property that is subject to a civil recovery investigation, references in this Part to the investigation for the purposes of which the order or warrant is sought include investigation into— (a) whether a person who appears to hold or to have held the specified property holds or has held other property, (b) whether the other property is or has been recoverable property or associated property, and (c) the nature, extent or whereabouts of the other property.

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342 Offences of prejudicing investigation

(1) This section applies if a person knows or suspects that an appropriate officer or (in Scotland) a proper person is acting (or proposing to act) in connection with a confiscation investigation, a civil recovery investigation , a detained cash investigation , a detained property investigation, a frozen funds investigation , a cryptoasset investigation , an exploitation proceeds investigation or a money laundering investigation which is being or is about to be conducted. (2) The person commits an offence if— (a) he makes a disclosure which is likely to prejudice the investigation, or (b) he falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, documents which are relevant to the investigation. (3) A person does not commit an offence under subsection (2)(a) if— (a) he does not know or suspect that the disclosure is likely to prejudice the investigation, (b) the disclosure is made in the exercise of a function under this Act or any other enactment relating to criminal conduct or benefit from criminal conduct or in compliance with a requirement imposed under or by virtue of this Act, or (ba) the disclosure is of a matter within section 333A(2) or (3)(a) (money laundering: tipping off) and the information on which the disclosure is based came to the person in the course of a business in the regulated sector, (bb) the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act, (c) he is a professional legal adviser and the disclosure falls within subsection (4). (4) A disclosure falls within this subsection if it is a disclosure— (a) to (or to a representative of) a client of the professional legal adviser in connection with the giving by the adviser of legal advice to the client, or (b) to any person in connection with legal proceedings or contemplated legal proceedings. (5) But a disclosure does not fall within subsection (4) if it is made with the intention of furthering a criminal purpose. (6) A person does not commit an offence under subsection (2)(b) if— (a) he does not know or suspect that the documents are relevant to the investigation, or (b) he does not intend to conceal any facts disclosed by the documents from any appropriate officer or (in Scotland) proper person carrying out the investigation. (7) A person guilty of an offence under subsection (2) is liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both. (8) For the purposes of this section— (a) “appropriate officer” must be construed in accordance with section 378; (b) “proper person” must be construed in accordance with section 412. (c) Schedule 9 has effect for determining what is a business in the regulated sector.

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343 Judges

(1) In this Chapter references to a judge in relation to an application must be construed in accordance with this section. (2) In relation to an application for the purposes of a confiscation investigation , a money laundering investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation a judge is— (a) in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court; (b) in Northern Ireland, a Crown Court judge. (3) In relation to an application for the purposes of a civil recovery investigation or an exploitation proceeds investigation ... a judge is a judge of the High Court.

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344 Courts

In this Chapter references to the court are to— (a) the Crown Court, in relation to an order for the purposes of a confiscation investigation , a money laundering investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation; (b) the High Court, in relation to an order for the purposes of a civil recovery investigation or an exploitation proceeds investigation ...

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345 Production orders

(1) A judge may, on an application made to him by an appropriate officer, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled. (2) The application for a production order must state that— (a) a person specified in the application is subject to a confiscation investigation , a civil recovery investigation , an exploitation proceeds investigation or a money laundering investigation, or (b) property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (3) The application must also state that— (a) the order is sought for the purposes of the investigation; (b) the order is sought in relation to material, or material of a description, specified in the application; (c) a person specified in the application appears to be in possession or control of the material. (4) A production order is an order either— (a) requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to an appropriate officer for him to take away, or (b) requiring that person to give an appropriate officer access to the material, within the period stated in the order. (5) The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer or shorter period would be appropriate in the particular circumstances.

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346 Requirements for making of production order

(1) These are the requirements for the making of a production order. (2) There must be reasonable grounds for suspecting that— (a) in the case of a confiscation investigation, the person the application for the order specifies as being subject to the investigation has benefited from his criminal conduct; (b) in the case of a civil recovery investigation— (i) the person the application for the order specifies as being subject to the investigation holds recoverable property or associated property, (ii) that person has, at any time, held property that was recoverable property or associated property at the time, or (iii) the property the application for the order specifies as being subject to the investigation is recoverable property or associated property; (ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (bc) in the case of a detained property investigation into the derivation of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bd) in the case of a detained property investigation into the intended use of property, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (be) in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bf) in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct; (bg) in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property; (bh) in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets the application for the order specifies as being subject to the investigation (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct. (c) in the case of a money laundering investigation, the person the application for the order specifies as being subject to the investigation has committed a money laundering offence. (d) in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A). (2A) A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person. This subsection is to be construed in accordance with that Part. (3) There must be reasonable grounds for believing that the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it. (4) There must be reasonable grounds for believing that the material is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought. (5) There must be reasonable grounds for believing that it is in the public interest for the material to be produced or for access to it to be given, having regard to— (a) the benefit likely to accrue to the investigation if the material is obtained; (b) the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it.

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347 Order to grant entry

(1) This section applies if a judge makes a production order requiring a person to give an appropriate officer access to material on any premises. (2) The judge may, on an application made to him by an appropriate officer and specifying the premises, make an order to grant entry in relation to the premises. (3) An order to grant entry is an order requiring any person who appears to an appropriate officer to be entitled to grant entry to the premises to allow him to enter the premises to obtain access to the material.

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348 Further provisions

(1) A production order does not require a person to produce, or give access to, privileged material. (2) Privileged material is any material which the person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court. (3) A production order does not require a person to produce, or give access to, excluded material. (4) A production order has effect in spite of any restriction on the disclosure of information (however imposed). (5) An appropriate officer may take copies of any material which is produced, or to which access is given, in compliance with a production order. (6) Material produced in compliance with a production order may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the order was made. (7) But if an appropriate officer has reasonable grounds for believing that— (a) the material may need to be produced for the purposes of any legal proceedings, and (b) it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded.

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349 Computer information

(1) This section applies if any of the material specified in an application for a production order consists of information contained in a computer. (2) If the order is an order requiring a person to produce the material to an appropriate officer for him to take away, it has effect as an order to produce the material in a form in which it can be taken away by him and in which it is visible and legible. (3) If the order is an order requiring a person to give an appropriate officer access to the material, it has effect as an order to give him access to the material in a form in which it is visible and legible.

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350 Government departments

(1) A production order may be made in relation to material in the possession or control of an authorised government department. (2) An order so made may require any officer of the department (whether named in the order or not) who may for the time being be in possession or control of the material to comply with it. (3) An order containing such a requirement must be served as if the proceedings were civil proceedings against the department. (4) If an order contains such a requirement— (a) the person on whom it is served must take all reasonable steps to bring it to the attention of the officer concerned; (b) any other officer of the department who is in receipt of the order must also take all reasonable steps to bring it to the attention of the officer concerned. (5) If the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4)) the person on whom it is served must report the reasons for the failure to— (a) a judge entitled to exercise the jurisdiction of the Crown Court or (in Northern Ireland) a Crown Court judge, in the case of an order made for the purposes of a confiscation investigation or a money laundering investigation , a money laundering investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation; (b) a High Court judge, in the case of an order made for the purposes of a civil recovery investigation or an exploitation proceeds investigation ... (6) An authorised government department is a government department, or a Northern Ireland department, which is an authorised department for the purposes of the Crown Proceedings Act 1947 (c. 44).

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351 Supplementary

(1) An application for a production order or an order to grant entry may be made ex parte to a judge in chambers. (2) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to production orders and orders to grant entry. (3) An application to discharge or vary a production order or an order to grant entry may be made to the court by— (a) the person who applied for the order; (b) any person affected by the order. (4) The court— (a) may discharge the order; (b) may vary the order. (5) An application to discharge or vary a production order or an order to grant entry need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description). (5A) If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (5) to an appropriate officer of the same description is to another accredited financial investigator of that description. (6) References to a person who applied for a production order or an order to grant entry must be construed accordingly. (7) Production orders and orders to grant entry have effect as if they were orders of the court. (8) Subsections (2) to (7) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation or an exploitation proceeds investigation ....

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352 Search and seizure warrants

(1) A judge may, on an application made to him by an appropriate officer, issue a search and seizure warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled. (2) The application for a search and seizure warrant must state that— (a) a person specified in the application is subject to a confiscation investigation , a civil recovery investigation , an exploitation proceeds investigation or a money laundering investigation, or (b) property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (3) The application must also state— (a) that the warrant is sought for the purposes of the investigation; (b) that the warrant is sought in relation to the premises specified in the application; (c) that the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within section 353(6), (7) , (7A), (7B) , (7C), (7D), (7E), (7F), (7G), (7H) or (8) on the premises. (4) A search and seizure warrant is a warrant authorising an appropriate person— (a) to enter and search the premises specified in the application for the warrant, and (b) to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the application is made. (5) An appropriate person is— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or a member of the staff of the relevant Director, if the warrant is sought for the purposes of a civil recovery investigation. (c) a constable an SFO officer, , an accredited financial investigator or an officer of Revenue and Customs or an immigration officer, if the warrant is sought for the purposes of a detained cash investigation , a confiscation investigation or a money laundering investigation. (ca) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation; (cb) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation; (cc) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation; (d) a National Crime Agency officer, if the warrant is sought for the purposes of an exploitation proceeds investigation. (5A) In this Part “relevant Director”— (a) in relation to England and Wales, means the Director of Public Prosecutions ... or the Director of the Serious Fraud Office; and (b) in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland. (6) The requirements for the issue of a search and seizure warrant are— (a) that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or (b) that section 353 is satisfied in relation to the warrant. (7) The reference in paragraph ... (c) paragraphs (c), (ca) , (cb) and (cc) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State or the Welsh Ministers under section 453. (8) Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.

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353 Requirements where production order not available

(1) This section is satisfied in relation to a search and seizure warrant if— (a) subsection (2) applies, and (b) either the first or the second set of conditions is complied with. (2) This subsection applies if there are reasonable grounds for suspecting that— (a) in the case of a confiscation investigation, the person specified in the application for the warrant has benefited from his criminal conduct; (b) in the case of a civil recovery investigation— (i) the person specified in the application for the warrant holds recoverable property or associated property, (ii) that person has, at any time, held property that was recoverable property or associated property at the time, or (iii) the property specified in the application for the warrant is recoverable property or associated property; (ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (bc) in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property; (bd) in the case of a detained property investigation into the intended use of property, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (be) in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property; (bf) in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct; (bg) in the case of a cryptoasset investigation into the derivation of cryptoassets, the cryptoassets specfied in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are recoverable property; (bh) in the case of a cryptoasset investigation into the intended use of cryptoassets, the cryptoassets specified in the application for the warrant (or, if the cryptoassets have been converted into money in accordance with Chapter 3F of Part 5, the converted cryptoassets) are intended by any person to be used in unlawful conduct. (c) in the case of a money laundering investigation, the person specified in the application for the warrant has committed a money laundering offence. (d) in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A). (3) The first set of conditions is that there are reasonable grounds for believing that— (a) any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought, (b) it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and (c) it would not be appropriate to make a production order for any one or more of the reasons in subsection (4). (4) The reasons are— (a) that it is not practicable to communicate with any person against whom the production order could be made; (b) that it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises; (c) that the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material. (5) The second set of conditions is that— (a) there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within subsection (6), (7) , (7A), (7B) , (7C), (7D), (7E), (7F) , (7G), (7H), (8) or (8A), (b) there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and (c) any one or more of the requirements in subsection (9) is met. (6) In the case of a confiscation investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application, the question whether he has benefited from his criminal conduct or of realisable property available for satisfying a confiscation order made in respect of him or any question as to the extent or whereabouts of his benefit from his criminal conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7) In the case of a civil recovery investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7ZA) Those questions are— (a) where a person is specified in the application, any question as to— (i) what property the person holds or has held, (ii) whether the property is or has been recoverable property or associated property, or (iii) the nature, extent or whereabouts of the property, and (b) where property is specified in the application, any question as to— (i) whether the property is or has been recoverable property or associated property, (ii) who holds it or has held it, (iii) whether a person who appears to hold or to have held it holds or has held other property, (iv) whether the other property is or has been recoverable property or associated property, or (v) the nature, extent or whereabouts of the specified property or the other property. (7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7C) In the case of a detained property investigation into the derivation of property, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7D) In the case of a detained property investigation into the intended use of property, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7E) In the case of a frozen funds investigation into the derivation of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7F) In the case of a frozen funds investigation into the intended use of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7G) In the case of a cryptoasset investigation into the derivation of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7H) In the case of a cryptoasset investigation into the intended use of cryptoassets or converted cryptoassets, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (8) In the case of a money laundering investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application or the question whether he has committed a money laundering offence, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (8A) In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc). (9) The requirements are— (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that entry to the premises will not be granted unless a warrant is produced; (c) that the investigation might be seriously prejudiced unless an appropriate person arriving at the premises is able to secure immediate entry to them. (10) An appropriate person is— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or a member of the staff of the relevant Director, if the warrant is sought for the purposes of a civil recovery investigation. (c) a constable, an SFO officer, an accredited financial investigator, an officer of Revenue and Customs or an immigration officer, if the warrant is sought for the purposes of a detained cash investigation , a confiscation investigation or a money laundering investigation. (ca) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation; (cb) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation; (cc) a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation; (d) a National Crime Agency officer, if the warrant is sought for the purposes of an exploitation proceeds investigation. (11) The reference in paragraphs (c), (ca) , (cb) and (cc) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State or the Welsh Ministers under section 453.

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354 Further provisions: general

(1) A search and seizure warrant does not confer the right to seize privileged material. (2) Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court. (3) A search and seizure warrant does not confer the right to seize excluded material.

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355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations

(1) This section applies to— (a) search and seizure warrants sought for the purposes of a confiscation investigation , a money laundering investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation, and (b) powers of seizure under them. (2) In relation to such warrants and powers, the Secretary of State may make an order which applies , in relation to England and Wales, the provisions to which subsection (3) applies subject to any specified modifications. (3) This subsection applies to the following provisions of the Police and Criminal Evidence Act 1984 (c. 60)— (a) section 15 (search warrants -safeguards); (b) section 16 (execution of warrants); (c) section 21 (access and copying); (d) section 22 (retention). (3A) In relation to such warrants and powers, the Department of Justice in Northern Ireland may make an order which applies, in relation to Northern Ireland, the provisions to which subsection (4) applies subject to any specified modifications. (4) This subsection applies to the following provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))— (a) Article 17 (search warrants -safeguards); (b) Article 18 (execution of warrants); (c) Article 23 (access and copying); (d) Article 24 (retention).

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356 Further provisions: civil recovery ... and exploitation proceeds investigations

(1) This section applies to search and seizure warrants sought for the purposes of civil recovery investigations or exploitation proceeds investigations .... (2) An application for a warrant may be made ex parte to a judge in chambers. (3) A warrant may be issued subject to conditions. (4) A warrant continues in force until the end of the period of one month starting with the day on which it is issued. (5) A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the investigation, to be produced in a form— (a) in which it can be taken away, and (b) in which it is visible and legible. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) A warrant may include provision authorising a person who is exercising powers under it to do other things which— (a) are specified in the warrant, and (b) need to be done in order to give effect to it. (8) Copies may be taken of any material seized under a warrant. (9) Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the warrant was issued. (10) But if an appropriate officer has reasonable grounds for believing that— (a) the material may need to be produced for the purposes of any legal proceedings, and (b) it might otherwise be unavailable for those purposes, it may be retained until the proceedings are concluded. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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356A Certain offences in relation to execution of search and seizure warrants

(1) A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352. (2) A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352. (3) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both. (4) A person guilty of an offence under subsection (2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both. (5) An appropriate person is— (a) a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation; (b) a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation. (6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)— (a) the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months; (b) the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

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