(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.
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.
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).
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.
(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.
(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 ....
(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).
(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.
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.
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.
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).
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.
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.
(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.
(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.
(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.
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).
(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)).
(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.
(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.
(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.
(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.
(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.
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.
(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.
(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.
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 ...
(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.
(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.
(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.
(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.
(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.
(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).
(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 ....
(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.
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.
(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.
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).
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.