(1) A judge may, on an application made to him by the relevant authority, make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(2) No application for a disclosure order may be made in relation to a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation ....
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The application for a disclosure order must state that—
(a) a person specified in the application is subject to a confiscation investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or
(b) a person specified in the application or property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation, or
(ba) a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or
(c) a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.
(4) A disclosure order is an order authorising an appropriate officer to give to any person the appropriate officer considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—
(a) answer questions, either at a time specified in the notice or at once, at a place so specified;
(b) provide information specified in the notice, by a time and in a manner so specified;
(c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
(5) Relevant information is information (whether or not contained in a document) which the appropriate officer concerned considers to be relevant to the investigation.
(6) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.
(7) In this Part “relevant authority” means—
(a) in relation to a confiscation investigation, an appropriate officer; and
(b) in relation to a civil recovery investigation, a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or the relevant Director ; and
(ba) in relation to a money laundering investigation, an appropriate officer, and
(c) in relation to an exploitation proceeds investigation, a National Crime Agency officer.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) These are the requirements for the making of a disclosure order.
(2) There must be reasonable grounds for suspecting that—
(a) in the case of a confiscation investigation, the person specified in the application for the order has benefited from his criminal conduct;
(b) in the case of a civil recovery investigation—
(i) the person specified in the application for the order 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 order is recoverable property or associated property;
(ba) in the case of a money laundering investigation, the person specified in the application for the order has committed a money laundering offence,
(c) in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).
(3) There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
(1) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed on him under a disclosure order.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(3) A person commits an offence if, in purported compliance with a requirement imposed on him under a disclosure order, he—
(a) makes a statement which he knows to be false or misleading in a material particular, or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A person guilty of an offence under subsection (3) 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 two years or to a fine or to both.
(1) A statement made by a person in response to a requirement imposed on him under a disclosure order may not be used in evidence against him in criminal proceedings.
(2) But subsection (1) does not apply—
(a) in the case of proceedings under Part 2 or 4,
(b) on a prosecution for an offence under section 359(1) or (3),
(c) on a prosecution for an offence under section 5 of the Perjury Act 1911 (c. 6) or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or
(d) 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)(d) against a person unless—
(a) evidence relating to it is adduced, or
(b) a question relating to it is asked,
by him or on his behalf in the proceedings arising out of the prosecution.
(1) A disclosure order does not confer the right to require a person to answer any privileged question, provide any privileged information or produce any privileged document, except that a lawyer may be required to provide the name and address of a client of his.
(2) A privileged question is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.
(3) Privileged information is any information which the person would be entitled to refuse to provide on grounds of legal professional privilege in proceedings in the High Court.
(4) 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.
(5) A disclosure order does not confer the right to require a person to produce excluded material.
(6) A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).
(7) An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.
(8) Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.
(9) But if an appropriate officer has reasonable grounds for believing that—
(a) the documents may need to be produced for the purposes of any legal proceedings, and
(b) they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
(1) An application for a disclosure order 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 disclosure orders.
(3) An application to discharge or vary a disclosure order 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.
(4A) An application to discharge or vary a disclosure order need not be made by the same appropriate officer or (as the case may be) the same National Crime Agency officer that applied for the order (but must be made by an appropriate officer of the same description or (as the case may be) by another National Crime Agency officer).
(4AA) 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 (4A) to an appropriate officer of the same description is to another accredited financial investigator of that description.
(4B) References to a person who applied for a disclosure order must be construed accordingly.
(5) Subsections (2) to (4B) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation or an exploitation proceeds investigation.
(6) An appropriate officer may not make an application for a disclosure order, or an application for the discharge or variation of such an order, unless the officer is a senior appropriate officer or is authorised to do so by a senior appropriate officer.
(1) The High Court may, on an application made by an enforcement authority, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled.
(2) An application for an order must—
(a) specify or describe the property in respect of which the order is sought, and
(b) specify the person whom the enforcement authority thinks holds the property (“the respondent”) (and the person specified may include a person outside the United Kingdom).
(2A) In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).
(3) An unexplained wealth order is an order requiring the respondent or any responsible officer specified in the order (a “specified responsible officer”) to provide a statement—
(a) setting out the nature and extent of the respondent's interest in the property in respect of which the order is made,
(b) explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),
(c) where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and
(d) setting out such other information in connection with the property as may be so specified.
(4) The order must specify—
(a) the form and manner in which the statement is to be given,
(b) the person to whom it is to be given, and
(c) the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.
(5) The order may, in connection with requiring the respondent or any specified responsible officer to provide the statement mentioned in subsection (3), also require them to produce documents of a kind specified or described in the order.
(6) The respondent or any specified responsible officer must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).
(7) In this Chapter “enforcement authority” means—
(a) the National Crime Agency,
(b) Her Majesty's Revenue and Customs,
(c) the Financial Conduct Authority,
(d) the Director of the Serious Fraud Office, or
(e) the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland).
(8) For the purposes of this Chapter, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)—
(a) any director of the respondent, including any person occupying the position of a director, by whatever name called;
(b) any member of a body of the respondent equivalent to a board of directors;
(c) any other manager, secretary or similar officer of the respondent;
(d) where the respondent is a partnership, a partner or a member of the partnership;
(e) any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.
362B Requirements for making of unexplained wealth order
(1) These are the requirements for the making of an unexplained wealth order in respect of any property.
(2) The High Court must be satisfied that there is reasonable cause to believe that—
(a) the respondent holds the property, and
(b) the value of the property is greater than £50,000.
(3) The High Court must be satisfied that there are reasonable grounds for suspecting —
(a) that the known sources of the respondent's lawfully obtained income would have been insufficient for the purposes of enabling the respondent to obtain the property, or
(b) that the property has been obtained through unlawful conduct (within the meaning given by section 242).
(4) The High Court must be satisfied that—
(a) the respondent is a politically exposed person, or
(b) there are reasonable grounds for suspecting that—
(i) the respondent is, or has been, involved in serious crime (whether in a part of the United Kingdom or elsewhere), or
(ii) a person connected with the respondent is, or has been, so involved.
(5) It does not matter for the purposes of subsection (2)(a)—
(a) whether or not there are other persons who also hold the property;
(b) whether the property was obtained by the respondent before or after the coming into force of this section.
(6) For the purposes of subsection (3)—
(a) regard is to be had to any mortgage, charge or other kind of security that it is reasonable to assume was or may have been available to the respondent for the purposes of obtaining the property;
(b) it is to be assumed that the respondent obtained the property for a price equivalent to its market value;
(c) income is “lawfully obtained” if it is obtained lawfully under the laws of the country from where the income arises;
(d) “known” sources of the respondent's income are the sources of income (whether arising from employment, assets or otherwise) that are reasonably ascertainable from available information at the time of the making of the application for the order;
(e) where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest.
(7) In subsection (4)(a), “politically exposed person” means a person who is—
(a) an individual who is, or has been, entrusted with prominent public functions by an international organisation or by a State other than the United Kingdom or another EEA State,
(i) the United Kingdom, or
(ii) an EEA state,
(b) a family member of a person within paragraph (a),
(c) known to be a close associate of a person within that paragraph, or
(d) otherwise connected with a person within that paragraph.
(8) Article 3 of Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 applies for the purposes of determining—
(a) whether a person has been entrusted with prominent public functions (see point (9) of that Article),
(b) whether a person is a family member (see point (10) of that Article), and
(c) whether a person is known to be a close associate of another (see point (11) of that Article).
(9) For the purposes of this section—
(a) a person is involved in serious crime in a part of the United Kingdom or elsewhere if the person would be so involved for the purposes of Part 1 of the Serious Crime Act 2007 (see in particular sections 2, 2A and 3 of that Act);
(b) section 1122 of the Corporation Tax Act 2010 (“connected” persons) applies in determining whether a person is connected with another.
(10) Where the property in respect of which the order is sought comprises more than one item of property, the reference in subsection (2)(b) to the value of the property is to the total value of those items.
(1) This section applies in a case where the respondent and the specified responsible officer (if any), between them, fail, without reasonable excuse, to comply with the requirements imposed by an unexplained wealth order in respect of any property before the end of the response period.
(2) The property is to be presumed to be recoverable property for the purposes of any proceedings taken in respect of the property under Part 5, unless the contrary is shown.
(3) The presumption in subsection (2) applies in relation to property—
(a) only so far as relating to the respondent's interest in the property, and
(b) only if the value of that interest is greater than the sum specified in section 362B(2)(b).
It is for the court hearing the proceedings under Part 5 in relation to which reliance is placed on the presumption to determine the matters in this subsection.
(4) The “response period” is whatever period the court specifies under section 362A(6) as the period within which the requirements imposed by the order are to be complied with (or the period ending the latest, if more than one is specified in respect of different requirements).
(5) For the purposes of subsection (1)—
(a) a respondent or a specified responsible officer who purports to comply with the requirements imposed by an unexplained wealth order is not to be taken to have failed to comply with the order (see instead section 362D);
(b) where an unexplained wealth order imposes more than one requirement, ... the respondent and the specified responsible officer (if any) are to be taken to have failed to comply with the requirements imposed by the order unless each of the requirements is complied with or is purported to be complied with.
(6) Subsections (7) and (8) apply in determining the respondent's interest for the purposes of subsection (3) in a case where the respondent to the unexplained wealth order—
(a) is connected with another person who is, or has been, involved in serious crime (see subsection (4)(b)(ii) of section 362B), or
(b) is a politically exposed person of a kind mentioned in paragraph (b), (c) or (d) of subsection (7) of that section (family member, known close associates etc of individual entrusted with prominent public functions).
(7) In a case within subsection (6)(a), the respondent's interest is to be taken to include any interest in the property of the person involved in serious crime with whom the respondent is connected.
(8) In a case within subsection (6)(b), the respondent's interest is to be taken to include any interest in the property of the person mentioned in subsection (7)(a) of section 362B.
(9) Where an unexplained wealth order is made in respect of property comprising more than one item of property, the reference in subsection (3)(b) to the value of the respondent's interest in the property is to the total value of the respondent's interest in those items.
362D Effect of order: cases of compliance or purported compliance
(1) This section applies in a case where, before the end of the response period (as defined by section 362C(4)), the respondent and the specified responsible officer (if any) between them comply, or purport to comply, with all of the requirements imposed by an unexplained wealth order in respect of any property in relation to which the order is made.
(2) If an interim freezing order has effect in relation to the property (see section 362J), the enforcement authority must determine what enforcement or investigatory proceedings, if any, it considers ought to be taken in relation to the property.
(3) A determination under subsection (2) must be made within the period of 60 days starting with the day of compliance , or that period as it may be extended by virtue of section 362DA or 362DB (the “determination period”).
(4) If the determination under subsection (2) is that no further enforcement or investigatory proceedings ought to be taken in relation to the property, the enforcement authority must notify the High Court of that fact as soon as reasonably practicable (and in any event before the end of the determination period).
(5) If there is no interim freezing order in effect in relation to the property, the enforcement authority may (at any time) determine what, if any, enforcement or investigatory proceedings it considers ought to be taken in relation to the property.
(6) A determination under this section to take no further enforcement or investigatory proceedings in relation to any property does not prevent such proceedings being taken subsequently (whether as a result of new information or otherwise, and whether or not by the same enforcement authority) in relation to the property.
(7) For the purposes of this section—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) references to the day of compliance are to the day on which the requirements imposed by the order are complied with (or, if the requirements are complied with over more than one day, the last of those days), and
(c) where an order requires the sending of information in writing to, or the production of documents at, an address specified in the order, compliance with the order (so far as relating to that requirement) occurs when the written information is received, or the documents are produced, at that address,
and in paragraphs (b) and (c) references to compliance include purported compliance.
(8) In this section “enforcement or investigatory proceedings” means any proceedings in relation to property taken under—
(a) Part 2 or 4 (confiscation proceedings in England and Wales or Northern Ireland) (in relation to cases where the enforcement authority is also a prosecuting authority for the purposes of that Part),
(b) Part 5 (civil recovery of the proceeds of unlawful conduct), or
(c) this Chapter.
362DA Extension of period for making determination where interim freezing order has been made
(1) The High Court may, on an application made by the enforcement authority, extend the determination period if satisfied that—
(a) the enforcement authority is working diligently and expeditiously towards making a determination under section 362D(2),
(b) further time is needed for the authority to make that determination, and
(c) it is reasonable in all the circumstances for the period to be extended.
(2) The application must be made before the determination period would otherwise end.
(3) An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end.
(4) Where the determination period is extended under subsection (1), it may be further extended by the High Court (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one).
(5) But the determination period as extended must not in total exceed the period of 186 days starting with the day of compliance (within the meaning given by section 362D(7)(b)).
362DB Extension of period pending determination of proceedings etc
(1) Subsection (2) applies where—
(a) an application is made to the High Court under section 362DA for the extension (or further extension) of the determination 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 determination period is extended from the time when it would otherwise end until—
(a) the Court determines the application or it is otherwise disposed of, or
(b) if earlier, the end of the period of 31 days beginning with the day after that on which the period would otherwise have ended.
(3) Subsection (4) applies where—
(a) proceedings on an appeal in respect of a decision on an application under section 362DA have been brought, and
(b) the determination period would (apart from that subsection) end before the proceedings are finally determined or otherwise disposed of.
(4) The determination period is extended from the time when it would otherwise end until—
(a) the proceedings are finally determined or otherwise disposed of, or
(b) if earlier, the end of the period mentioned in subsection (2)(b).
(5) Subsection (6) applies where—
(a) an application is made to the Court under section 362DA for an extension of the determination 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.
(6) The determination 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.
(7) The “5 day period” is the period of 5 working days beginning with the day on which the Court refuses to grant the application; and for these purposes “working day” means a day other than—
(a) a Saturday or a Sunday,
(b) Christmas Day or Good Friday, or
(c) 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 362DA is made.
(8) The restriction on the overall extension of the determination period mentioned in section 362DA(5) applies to an extension of the period in accordance with any provision of this section as it applies to an extension under an order of the Court.
(1) A person commits an offence if, in purported compliance with a requirement imposed by an unexplained wealth order, the person—
(a) makes a statement that the person knows to be false or misleading in a material particular, or
(b) recklessly makes a statement that is false or misleading in a material particular.
(2) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine, or to both;
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
(3) In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
(1) A statement made by a person in response to a requirement imposed by an unexplained wealth order may not be used in evidence against that person in criminal proceedings.
(2) Subsection (1) does not apply—
(a) in the case of proceedings under Part 2 or 4,
(b) on a prosecution for an offence under section 362E,
(c) on a prosecution for an offence under section 5 of the Perjury Act 1911 or Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statements), or
(d) 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)(d) against a person unless—
(a) evidence relating to it is adduced, or
(b) a question relating to it is asked,
by the person or on the person's behalf in proceedings arising out of the prosecution.
362G Disclosure of information, copying of documents, etc
(1) An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).
(2) But subsections (1) to (5) of section 361 (rights in connection with privileged information, questions and material) apply in relation to requirements imposed by an unexplained wealth order as they apply in relation to requirements imposed under a disclosure order.
(3) The enforcement authority may take copies of any documents produced by the respondent or any specified responsible officer in connection with complying with the requirements imposed by an unexplained wealth order.
(4) Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an investigation of a kind mentioned in section 341 in relation to the property in respect of which the unexplained wealth order is made.
(5) But if the enforcement authority has reasonable grounds to believe that the documents—
(a) may need to be produced for the purposes of any legal proceedings, and
(b) might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
362H Holding of property: trusts and company arrangements etc
(1) This section applies for the purposes of sections 362A and 362B.
(2) The cases in which a person (P) is to be taken to “hold” property include those where—
(a) P has effective control over the property;
(b) P is the trustee of a settlement in which the property is comprised;
(c) P is a beneficiary (whether actual or potential) in relation to such a settlement.
(3) A person is to be taken to have “effective control” over property if, from all the circumstances, it is reasonable to conclude that the person—
(a) exercises,
(b) is able to exercise, or
(c) is entitled to acquire,
direct or indirect control over the property.
(4) Where a person holds property by virtue of subsection (2) references to the person obtaining the property are to be read accordingly.
(5) References to a person who holds or obtains property include any body corporate, whether incorporated or formed under the law of a part of the United Kingdom or in a country or territory outside the United Kingdom.
(6) For further provision about how to construe references to the holding of property, see section 414.
(1) An application for an unexplained wealth order may be made without notice.
(2) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to unexplained wealth orders before the High Court in Northern Ireland.
(3) An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—
(a) the enforcement authority, or
(b) the respondent or any specified responsible officer.
(4) The High Court in Northern Ireland—
(a) may discharge the order;
(b) may vary the order.
(1) The Secretary of State must prepare and publish a report in respect of each relevant period setting out—
(a) the number of unexplained wealth orders made by the High Court in England and Wales during that period, and
(b) the number of applications made to that Court by enforcement authorities for such an order during that period.
(2) Each of the following is a “relevant period”—
(a) the period of 12 months beginning with the day on which section 51 of the Economic Crime (Transparency and Enforcement) Act 2022 comes into force;
(b) each subsequent period of 12 months.
(3) A report under this section must be prepared and published within the period of 4 months beginning with the end of the relevant period to which the report relates.
(4) The Secretary of State must lay a copy of each report prepared under this section before Parliament.
(1) This section applies where the High Court makes an unexplained wealth order in respect of any property.
(2) The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.
(3) An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 362L).
(4) An interim freezing order—
(a) may be made only on the application of the enforcement authority that applied for the unexplained wealth order to which the interim freezing order relates,
(b) must be made in the same proceedings as those in which the unexplained wealth order is made, and
(c) may be combined in one document with the unexplained wealth order.
(5) If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.
362K Variation and discharge of interim freezing order
(1) The High Court may at any time vary or discharge an interim freezing order.
(2) The High Court must discharge an interim freezing order, so far as it has effect in relation to any property, in each of the following three cases.
(3) The first case is where—
(a) the applicable 48 hour period has ended, and
(b) a relevant application has not been made before the end of that period in relation to the property concerned.
(4) The second case is where—
(a) a relevant application has been made before the end of the applicable 48 hour period in relation to the property concerned, and
(b) proceedings on the application (including any on appeal) have been determined or otherwise disposed of.
(5) The third case is where the court has received a notification in relation to the property concerned under section 362D(4) (notification from enforcement authority of no further proceedings).
(6) The “applicable 48 hour period” is to be read as follows—
(a) in a case where the respondent complies, or purports to comply, with the requirements imposed by an unexplained wealth order before the end of the response period, it is the period of 48 hours beginning with the day after the day with which the determination period (see section 362D(3)) ends;
(b) in any other case, it is the period of 48 hours beginning with the day after the day with which the response period ends.
(7) In calculating a period of 48 hours for the purposes of subsection (6), no account is to be taken of—
(a) any Saturday or Sunday,
(b) Christmas Day,
(c) Good Friday, or
(d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the interim freezing order concerned is made.
(8) Section 362D(7) applies for the purposes of subsection (6) in determining whether a person complies, or purports to comply, with the requirements imposed by an unexplained wealth order and when such compliance, or purported compliance, takes place.
(9) Before exercising power under this section to vary or discharge an interim freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.
(10) Subsection (9) does not apply where the court is acting as required by subsection (2).
(11) In this section—
“relevant application” means an application for—
a restraint order under section 41 or 190,
a property freezing order, or
an interim receiving order;
“response period” has the meaning given by section 362C(4).
(1) The power to vary an interim freezing order includes (amongst other things) power to make exclusions as follows—
(a) power to exclude property from the order, and
(b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.
(2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.
(3) An exclusion may (amongst other things) make provision for the purpose of enabling any person—
(a) to meet the person's reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.
(5) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Chapter, it must ensure that the exclusion—
(a) is limited to reasonable legal expenses that the person has reasonably incurred or reasonably incurs,
(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and
(c) is made subject to the same conditions as would be the required conditions (see section 286A) if the order had been made under section 245A (in addition to any conditions under subsection (4)).
(6) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Chapter—
(a) must have regard to the desirability of the person being represented in any proceedings under this Chapter in which the person is a participant, and
(b) must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by the Northern Ireland Legal Services Commission.
(7) If excluded property is not specified in the order it must be described in the order in general terms.
(1) While an interim freezing order has effect—
(a) the High Court may stay any action, execution or other legal process in respect of the property to which the order applies, and
(b) no distress may be levied, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against the property to which the order applies except with the leave of the High Court and subject to any terms the court may impose.
(2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that an interim freezing order has been applied for or made in respect of the property, it may—
(a) stay the proceedings, or
(b) allow them to continue on any terms it thinks fit.
(3) If an interim freezing order applies to a tenancy of any premises, a right of forfeiture in relation to the premises is exercisable—
(a) only with the leave of the High Court, and
(b) subject to any terms that the court may impose.
(4) The reference in subsection (3) to a “right of forfeiture” in relation to premises is to the right of a landlord or other person to whom rent is payable to exercise a right of forfeiture by peaceable re-entry to the premises in respect of any failure by the tenant to comply with a term or condition of the tenancy.
(5) Before exercising a power conferred by this section, the court must (as well as giving the parties to any proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.
362N Receivers in connection with interim freezing orders
(1) This section applies where the High Court makes an interim freezing order on an application by an enforcement authority.
(2) The court may, on an application by the enforcement authority, by order appoint a receiver in respect of any property to which the interim freezing order applies.
(3) An application under subsection (2) may be made at the same time as the application for the interim freezing order or at any time afterwards.
(4) The application may be made without notice if the circumstances of the case are such that notice of the application would prejudice the right of the enforcement authority to obtain a recovery order in respect of any property.
(5) In its application the enforcement authority must nominate a suitably qualified person for appointment as a receiver.
(6) The person nominated may be a member of staff of the enforcement authority.
(7) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.
(8) Subsection (7) does not apply in relation to the remuneration of the receiver if that person is a member of staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).
362O Powers of receivers appointed under section 362N
(1) If the High Court appoints a receiver under section 362N on an application by an enforcement authority, the court may act under this section on the application of the authority.
(2) The court may by order authorise or require the receiver—
(a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed;
(b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it).
(3) The court may by order require any person in respect of whose property the receiver is appointed—
(a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if in either case the person is able to do so);
(b) to do anything the person is reasonably required to do by the receiver for the preservation of the property.
(4) The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in that person's possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver.
(5) Any prohibition on dealing with property imposed by an interim freezing order does not prevent a person from complying with any requirements imposed by virtue of this section.
(6) Subsection (7) applies in a case where—
(a) the receiver deals with property that is not property in respect of which the receiver was appointed under section 362N, but
(b) at the time of dealing with the property the receiver believed on reasonable grounds that he or she was entitled to do so by virtue of the appointment.
(7) The receiver is not liable to any person in respect of any loss or damage resulting from the receiver's dealing with the property.
(8) But subsection (7) does not apply to the extent that the loss or damage is caused by the receiver's negligence.
362P Supervision of section 362N receiver and variations
(1) Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 362N—
(a) the receiver;
(b) a party to the proceedings for the appointment of the receiver or the interim freezing order concerned;
(c) a person affected by an action taken by the receiver;
(d) a person who may be affected by an action proposed to be taken by the receiver.
(2) Before it gives directions under subsection (1) the court must give an opportunity to be heard to—
(a) the receiver;
(b) the parties to the proceedings for the appointment of the receiver and for the interim freezing order concerned;
(c) a person who may be interested in the application under subsection (1).
(3) The court may at any time vary or discharge—
(a) the appointment of a receiver under section 362N,
(b) an order under section 362O, or
(c) directions under this section.
(4) Before exercising a power under subsection (3) the court must give an opportunity to be heard to—
(a) the receiver;
(b) the parties to the proceedings for the appointment of the receiver, for the order under section 362O or (as the case may be) for the directions under this section;
(c) the parties to the proceedings for the interim freezing order concerned;
(d) any person who may be affected by the court's decision.
Sections 248 (registration: England and Wales) and 249 (registration: Northern Ireland) apply in relation to interim freezing orders as they apply in relation to property freezing orders under section 245A.
(1) Where an interim freezing order in respect of any property is discharged, the person to whom the property belongs may make an application to the High Court for the payment of compensation.
(2) The application must be made within the period of three months beginning with the discharge of the interim freezing order.
(3) The court may order compensation to be paid to the applicant only if satisfied that—
(a) the applicant has suffered loss as a result of the making of the interim freezing order,
(b) there has been a serious default on the part of the enforcement authority that applied for the order, and
(c) the order would not have been made had the default not occurred.
(4) Where the court orders the payment of compensation—
(a) the compensation is payable by the enforcement authority that applied for the interim freezing order, and
(b) the amount of compensation to be paid is the amount that the court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(1) This section applies if—
(a) the High Court makes an unexplained wealth order in respect of any property,
(b) it appears to the enforcement authority that the risk mentioned in section 362J(2) applies in relation to the property, and
(c) the enforcement authority believes that the property is in a country outside the United Kingdom (the receiving country).
(2) The enforcement authority may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
(3) The Secretary of State may forward the request for assistance to the government of the receiving country.
(4) A request for assistance under this section is a request to the government of the receiving country—
(a) to secure that any person is prohibited from dealing with the property;
(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.
(1) This section applies if—
(a) an interim freezing order has effect in relation to property, and
(b) the receiver appointed under section 362N in respect of the property believes that it is in a country outside the United Kingdom (the receiving country).
(2) The receiver may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.
(3) The Secretary of State must forward the request for assistance to the government of the receiving country.
(4) A request for assistance under this section is a request to the government of the receiving country—
(a) to secure that any person is prohibited from dealing with the property;
(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.
(1) This section applies in the following cases—
(a) an enforcement authority has made an application for an unexplained wealth order under section 362A;
(b) an enforcement authority has made an application for the determination period to be extended under section 362DA;
(c) an application has been made to discharge or vary an unexplained wealth order;
(d) an enforcement authority has made an application for an interim freezing order under section 362J;
(e) an application has been made to discharge or vary an interim freezing order;
(f) an application has been made in the circumstances referred to in section 362M to—
(i) stay an action, execution or other legal process,
(ii) grant leave to levy distress or use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods),
(iii) stay proceedings in respect of property or allow them to continue, or
(iv) grant leave to exercise a right of forfeiture in relation to a tenancy;
(g) an enforcement authority has made an application for an order for the appointment of a receiver under section 362N;
(h) an enforcement authority has made an application for an order under section 362O (powers of receiver);
(i) an application has been made for directions to a receiver under section 362P;
(j) an application has been made to discharge or vary—
(i) the appointment of a receiver under section 362N,
(ii) an order under section 362O, or
(iii) directions under section 362P;
(k) an application has been made for compensation under section 362R;
(l) the High Court has of its own motion exercised a power to do anything an application mentioned in paragraphs (a) to (k) may be made for;
(m) an application has been made for permission to appeal in relation to anything mentioned in paragraphs (a) to (l).
(2) The court may not make an order that any costs of proceedings relating to a case to which this section applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—
(a) the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or
(b) the authority acted dishonestly or improperly in the course of the proceedings.
(1) A judge may, on an application made to him by an appropriate officer, make a customer information order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(1A) No application for a customer information order may be made in relation to a detained cash investigation , a detained property investigation , a frozen funds investigation or a cryptoasset investigation.
(2) The application for a customer information 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, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The application must also state that—
(a) the order is sought for the purposes of the investigation;
(b) the order is sought against the financial institution or financial institutions specified in the application.
(4) An application for a customer information order may specify—
(a) all financial institutions,
(b) a particular description, or particular descriptions, of financial institutions, or
(c) a particular financial institution or particular financial institutions.
(5) A customer information order is an order that a financial institution covered by the application for the order must, on being required to do so by notice in writing given by an appropriate officer, provide any such customer information as it has relating to the person specified in the application.
(6) A financial institution which is required to provide information under a customer information order must provide the information to an appropriate officer in such manner, and at or by such time, as an appropriate officer requires.
(7) If a financial institution on which a requirement is imposed by a notice given under a customer information order requires the production of evidence of authority to give the notice, it is not bound to comply with the requirement unless evidence of the authority has been produced to it.
(1) “Customer information”, in relation to a person and a financial institution, is information whether the person holds, or has held, an account or accounts at the financial institution (whether solely or jointly with another) and (if so) information as to—
(a) the matters specified in subsection (2) if the person is an individual;
(b) the matters specified in subsection (3) if the person is a company or limited liability partnership or a similar body incorporated or otherwise established outside the United Kingdom.
(2) The matters referred to in subsection (1)(a) are—
(a) the account number or numbersor the number of any safe deposit box;
(b) the person’s full name;
(c) his date of birth;
(d) his most recent address and any previous addresses;
(e) in the case of an account or accounts,the date or dates on which he began to hold the account or accounts and, if he has ceased to hold the account or any of the accounts, the date or dates on which he did so;
(ee) in the case of any safe deposit box, the date on which the box was made available to him and if the box has ceased to be available to him the date on which it so ceased;
(f) such evidence of his identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering;
(g) the full name, date of birth and most recent address, and any previous addresses, of any person who holds, or has held, an account at the financial institution jointly with him;
(h) the account number or numbers of any other account or accounts held at the financial institution to which he is a signatory and details of the person holding the other account or accounts.
(3) The matters referred to in subsection (1)(b) are—
(a) the account number or numbers or the number of any safe deposit box;
(b) the person’s full name;
(c) a description of any business which the person carries on;
(d) the country or territory in which it is incorporated or otherwise established and any number allocated to it under the Companies Act 2006 or corresponding legislation of any country or territory outside the United Kingdom;
(e) any number assigned to it for the purposes of value added tax in the United Kingdom;
(f) its registered office, and any previous registered offices, under the Companies Act 2006 (or corresponding earlier legislation) or anything similar under corresponding legislation of any country or territory outside the United Kingdom;
(g) its registered office, and any previous registered offices, under the Limited Liability Partnerships Act 2000 (c. 12) or anything similar under corresponding legislation of any country or territory outside Great Britain;
(h) in the case of an account or accounts, the date or dates on which it began to hold the account or accounts and, if it has ceased to hold the account or any of the accounts, the date or dates on which it did so;
(hh) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased;
(i) such evidence of its identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering;
(j) the full name, date of birth and most recent address and any previous addresses of any person who is a signatory to the account or any of the accounts.
(4) The Secretary of State may by order provide for information of a description specified in the order—
(a) to be customer information, or
(b) no longer to be customer information.
(5) Money laundering is an act which—
(a) constitutes an offence under section 327, 328 or 329 of this Act or section 18 of the Terrorism Act 2000 (c. 11), or
(aa) constitutes an offence specified in section 415(1A) of this Act,
(b) would constitute an offence specified in paragraph (a)or (aa) if done in the United Kingdom.
(6) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.
365 Requirements for making of customer information order
(1) These are the requirements for the making of a customer information order.
(2) In the case of a confiscation investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has benefited from his criminal conduct.
(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application—
(a) holds recoverable property or associated property, or
(b) has, at any time, held property that was recoverable property or associated property at the time.
(4) In the case of a money laundering investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a money laundering offence.
(5) In the case of any investigation, there must be reasonable grounds for believing that customer information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(6) In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the customer information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
(1) A financial institution commits an offence if without reasonable excuse it fails to comply with a requirement imposed on it under a customer information order.
(2) A financial institution guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A financial institution commits an offence if, in purported compliance with a customer information order, it—
(a) makes a statement which it knows to be false or misleading in a material particular, or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A financial institution guilty of an offence under subsection (3) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(1) A statement made by a financial institution in response to a customer information order may not be used in evidence against it in criminal proceedings.
(2) But subsection (1) does not apply—
(a) in the case of proceedings under Part 2 or 4,
(b) on a prosecution for an offence under section 366(1) or (3), or
(c) on a prosecution for some other offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subsection (1).
(3) A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—
(a) evidence relating to it is adduced, or
(b) a question relating to it is asked,
by or on behalf of the financial institution in the proceedings arising out of the prosecution.
(1) An application for a customer information order 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 customer information orders.
(3) An application to discharge or vary a customer information order 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 customer information order 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 customer information order must be construed accordingly.
(7) An accredited financial investigator, a National Crime Agency officer, a Financial Conduct Authority officer, a constable , an SFO officer or an officer of Revenue and Customs or an immigration officer may not make an application for a customer information order or an application to vary such an order unless he is a senior appropriate officer or he is authorised to do so by a senior appropriate officer.
(8) Subsections (2) to (6) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation.
(1) A judge may, on an application made to him by an appropriate officer, make an account monitoring order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(1A) No application for an account monitoring order may be made in relation to a detained cash investigation , a detained property investigation or a frozen funds investigation , a frozen funds investigation or a cryptoasset investigation.
(2) The application for an account monitoring 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, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The application must also state that—
(a) the order is sought for the purposes of the investigation;
(b) the order is sought against the financial institution specified in the application in relation to account information of the description so specified.
(4) Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).
(5) The application for an account monitoring order may specify information relating to—
(a) all accounts held by the person specified in the application for the order at the financial institution so specified,
(b) a particular description, or particular descriptions, of accounts so held, or
(c) a particular account, or particular accounts, so held.
(6) An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to an appropriate officer in the manner, and at or by the time or times, stated in the order.
(7) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.
371 Requirements for making of account monitoring order
(1) These are the requirements for the making of an account monitoring order.
(2) In the case of a confiscation investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has benefited from his criminal conduct.
(3A) In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that the person specified in the application holds recoverable property or associated property.
(4) In the case of a money laundering investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a money laundering offence.
(5) In the case of any investigation, there must be reasonable grounds for believing that account information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(6) In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
(1) A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.
(2) But subsection (1) does not apply—
(a) in the case of proceedings under Part 2 or 4,
(b) in the case of proceedings for contempt of court, or
(c) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in subsection (1).
(3) A statement may not be used by virtue of subsection (2)(c) against a financial institution unless—
(a) evidence relating to it is adduced, or
(b) a question relating to it is asked,
by or on behalf of the financial institution in the proceedings arising out of the prosecution.