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In force since 2026-06-30, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) An application for an unexplained wealth order may be made without notice. (2) Provision may be made by rules of court as to the discharge and variation of unexplained wealth orders. (3) An application to discharge or vary an unexplained wealth order may be made to the Court of Session by— (a) the Scottish Ministers, or (b) any person affected by the order. (4) The Court of Session may— (a) discharge the order; (b) vary the order.
Propose a change(1) This section applies where the Court of Session 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 396L). (4) An interim freezing order— (a) may be made only on the application of the Scottish Ministers, (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.
Propose a change(1) The Court of Session may at any time vary or recall an interim freezing order. (2) The Court of Session must recall 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 396D(5) (notification of no further proceedings). (6) References in this section to the “applicable 48 hour period” are to be read as follows— (a) in a case where the respondent complies, or purports to comply, with the requirements imposed by the 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 396D(4)) ends; (b) in any other case, it is the period of 48 hours beginning with the day after the day on 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 other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland. (8) Section 396D(8) 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 recall 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 120, a prohibitory property order under section 255A, or an interim administration order under section 256; “response period” has the meaning given by section 396C(4).
Propose a change(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) An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Chapter. (6) If excluded property is not specified in the order it must be described in the order in general terms.
Propose a change(1) While an interim freezing order has effect the Court of Session may sist any action, execution or other legal process in respect of the property to which the order applies. (2) If a court (whether the Court of Session 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) sist the proceedings, or (b) allow them to continue on any terms it thinks fit. (3) 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.
Propose a change(1) On the application of the Scottish Ministers the Court of Session may, in relation to moveable property to which an interim freezing order applies (whether generally or to such of it as is specified in the application), grant warrant for arrestment. (2) An application under subsection (1) may be made at the same time as the application for the interim freezing order or at any time afterwards. (3) A warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor. (4) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the Scottish Ministers against the person and may be executed, recalled, loosed or restricted accordingly. (5) An arrestment executed under this section ceases to have effect when, or in so far as, the interim freezing order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted. (6) If an arrestment ceases to have effect to any extent by virtue of subsection (5), the Scottish Ministers must apply to the Court of Session for an order recalling or, as the case may be, restricting the arrestment.
Propose a change(1) On the application of the Scottish Ministers, the Court of Session may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in an interim freezing order. (2) The property is heritable property situated in Scotland to which the interim freezing order applies (whether generally or to such of it as is specified in the application). (3) The warrant for inhibition— (a) has effect as if granted on the dependence of an action for debt by the Scottish Ministers against the person and may be executed, recalled, loosed or restricted accordingly, and (b) has the effect of letters of inhibition and must forthwith be registered by the Scottish Ministers in the register of inhibitions and adjudications. (4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) as it applies to an inhibition by separate letters or contained in a summons. (5) An inhibition executed under this section ceases to have effect when, or in so far as, the interim freezing order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted. (6) If an inhibition ceases to have effect to any extent by virtue of subsection (5), the Scottish Ministers must— (a) apply for the recall or, as the case may be, the restriction of the inhibition, and (b) ensure that the recall or restriction is reflected in the register of inhibitions and adjudications.
Propose a change(1) This section applies where the Court of Session makes an interim freezing order on an application by the Scottish Ministers. (2) The Court of Session may, on an application by the Scottish Ministers, 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 Scottish Ministers to obtain a recovery order in respect of the property. (5) In their application the Scottish Ministers must nominate a suitably qualified person for appointment as a receiver. (6) The person nominated may be a member of staff of the Scottish Ministers. (7) The Scottish Ministers may apply a sum received by them 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 Scottish Ministers (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the Scottish Ministers).
Propose a change(1) If the Court of Session appoints a receiver under section 396P, the court may act under this section on the application of the Scottish Ministers. (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 Scotland 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 Scotland specified by the receiver or to place them in the custody of the receiver. (5) In subsection (4) “document” means anything in which information of any description is recorded. (6) 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. (7) Subsection (8) 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 396P, 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 his or her appointment. (8) The receiver is not liable to any person in respect of any loss or damage resulting from the receiver's dealing with the property. (9) But subsection (8) does not apply to the extent that the loss or damage is caused by the receiver's negligence.
Propose a change(1) Any of the following persons may at any time apply to the Court of Session for directions as to the exercise of the functions of a receiver appointed under section 396P— (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) any person who may be interested in the application under subsection (1). (3) The court may at any time vary or recall— (a) the appointment of a receiver under section 396P, (b) an order under section 396Q, 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 396Q 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.
Propose a change(1) Where an interim freezing order in respect of any property is recalled, the person to whom the property belongs may make an application to the Court of Session for the payment of compensation. (2) The application must be made within the period of three months beginning with the recall 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 Scottish Ministers in applying 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 Scottish Ministers, 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.
Propose a change(1) This section applies if— (a) the Court of Session makes an unexplained wealth order in respect of any property, (b) it appears to the Scottish Ministers that the risk mentioned in section 396J(2) applies in relation to the property, and (c) the Scottish Ministers believe that the property is in a country outside the United Kingdom (the receiving country). (2) The Scottish Ministers 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.
Propose a change(1) This section applies if— (a) an interim freezing order has effect in relation to property, and (b) the receiver appointed under section 396P 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.
Propose a change(1) This section applies in the following cases— (a) the Scottish Ministers have made an application for an unexplained wealth order under section 396A; (b) an application has been made for the determination period to be extended under section 396DA; (c) an application has been made to discharge or vary an unexplained wealth order; (d) the Scottish Ministers have made an application for an interim freezing order under section 396J; (e) an application has been made to vary or recall an interim freezing order; (f) an application has been made in the circumstances referred to in section 396M to— (i) sist an action, execution or other legal process, or (ii) sist proceedings in respect of property or allow them to continue; (g) the Scottish Ministers have made an application under section 396N (arrestment of property affected by interim freezing order); (h) the Scottish Ministers have made an application under section 396O (inhibition of property affected by interim freezing order); (i) the Scottish Ministers have made an application for an order for the appointment of a receiver under section 396P; (j) the Scottish Ministers have made an application for an order under section 396Q (powers of receiver); (k) an application has been made for directions to a receiver under section 396R; (l) an application has been made to vary or recall— (i) the appointment of a receiver under section 396P, (ii) an order under section 396Q or (iii) directions under section 396R; (m) an application has been made for compensation under section 396S; (n) the Court of Session has of its own motion exercised a power to do anything an application mentioned in paragraphs (a) to (m) may be made for; (o) an application has been made for permission to appeal in relation to anything mentioned in paragraphs (a) to (n). (2) The court may not make an order that any expenses of proceedings relating to a case to which this section applies (including appeal proceedings) are payable by the Scottish Ministers or the Lord Advocate 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 Scottish Ministers or the Lord Advocate 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 Scottish Ministers or the Lord Advocate acted dishonestly or improperly in the course of the proceedings.
Propose a change(1) The sheriff may, on an application made to him by the appropriate person, 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) In making a customer information order in relation to ... a civil recovery investigation the sheriff shall act in the exercise of his civil jurisdiction. (3) 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 or a money laundering investigation, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) 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. (5) 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. (6) 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 the appropriate person, provide any such customer information as it has relating to the person specified in the application. (7) A financial institution which is required to provide information under a customer information order must provide the information to a proper person in such manner, and at or by such time, as that person requires. (8) 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.
Propose a change(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 numbers; (b) the person’s full name; (c) his date of birth; (d) his most recent address and any previous addresses; (e) 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; (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; (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) 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; (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 Scottish Ministers 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.
Propose a change(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.
Propose a change(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.
Propose a change(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 3, (b) on a prosecution for an offence under section 400(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.
Propose a changeA customer information order has effect in spite of any restriction on the disclosure of information (however imposed).
Propose a change(1) An application for a customer information order may be made ex parte to a sheriff in chambers. (2) Provision may be made by rules of court as to the discharge and variation of customer information orders. (3) Rules of court under subsection (2) relating to customer information orders— (a) made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46), be made by act of adjournal; (b) made in a civil recovery investigation shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58), be made by act of sederunt. (4) An application to discharge or vary a customer information order may be made to the sheriff by— (a) the person who applied for the order; (b) any person affected by the order. (5) The sheriff may— (a) discharge the order; (b) vary the order.
Propose a change(1) The sheriff may, on an application made to him by the appropriate person, 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 , a frozen funds investigation or a cryptoasset investigation. (2) In making an account monitoring order in relation to ... a civil recovery investigation, the sheriff shall act in the exercise of his civil jurisdiction. (3) 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 or a money laundering investigation, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) 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. (5) 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). (6) 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. (7) 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 the proper person in the manner, and at or by the time or times, stated in the order. (8) 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.
Propose a change(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.
Propose a change(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 3; (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.
Propose a changeAn account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).
Propose a change(1) An application for an account monitoring order may be made ex parte to a sheriff in chambers. (2) Provision may be made by rules of court as to the discharge and variation of account monitoring orders. (3) Rules of court under subsection (2) relating to account monitoring orders— (a) made in a confiscation investigation or a money laundering investigation shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46), be made by act of adjournal; (b) made in a civil recovery investigation shall, without prejudice to section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58), be made by act of sederunt. (4) An application to discharge or vary an account monitoring order may be made to the sheriff by— (a) the person who applied for the order; (b) any person affected by the order. (5) The sheriff may— (a) discharge the order; (b) vary the order.
Propose a change(1) This section applies if a person or property is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation. (2) A judge of the Court of Session may request assistance under this section if— (a) an application is made by an appropriate person or a person subject to the investigation, and (b) the judge thinks that there is relevant evidence in a country or territory outside the United Kingdom. (3) An appropriate person may request assistance under this section if the person thinks that there is relevant evidence in a country or territory outside the United Kingdom. (4) The assistance that may be requested under this section is assistance in obtaining outside the United Kingdom relevant evidence specified in the request. (5) Relevant evidence is— (a) in relation to an application or request made for the purposes of a civil recovery investigation, evidence relevant for the purpose of identifying recoverable property or associated property, including evidence as to a matter described in section 341(2)(a) to (d); (b) in relation to an application or request made for the purposes of a detained cash investigation, evidence as to a matter described in section 341(3A)(a) or (b). (c) in relation to an application or request made for the purposes of a detained property investigation, evidence as to a matter described in section 341(3B)(a) or (b); (d) in relation to an application or request made for the purposes of a frozen funds investigation, evidence as to a matter described in section 341(3C)(a) or (b); (e) in relation to an application or request made for the purposes of a cryptoasset investigation, evidence as to a matter described in section 341(3D)(a) to (d); (6) A request for assistance under this section may be sent— (a) to a court or tribunal which is specified in the request and which exercises jurisdiction in the place where the evidence is to be obtained, (b) to the government of the country or territory concerned, or (c) to an authority recognised by the government of the country or territory concerned as the appropriate authority for receiving requests for assistance of that kind. (7) Alternatively, a request for assistance under this section may be sent to the Secretary of State with a view to it being forwarded to a court, tribunal, government or authority mentioned in subsection (6). (8) The Secretary of State must forward the request for assistance to the court, tribunal, government or authority. (9) In a case of urgency, a request for assistance under this section may be sent to— (a) the International Criminal Police Organisation, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for forwarding to the court, tribunal, government or authority mentioned in subsection (6). (10) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to requests for assistance made by a judge under this section. (11) “Evidence” includes documents, information in any other form and material.
Propose a change(1) This section applies to evidence obtained by means of a request for assistance under section 408A. (2) The evidence must not be used for any purpose other than— (a) for the purposes of the investigation for which it was obtained, or (b) for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings. (3) Those proceedings are— (a) if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation; (b) if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation. (c) if the request was made for the purposes of a detained property investigation, proceedings under Chapter 3A of Part 5 of this Act arising out of the investigation; (d) if the request was made for the purposes of a frozen funds investigation, proceedings under Chapter 3B of Part 5 of this Act arising out of the investigation; (e) if the request was made for the purposes of a cryptoasset investigation, proceedings under Chapter 3C, 3D, 3E or 3F of Part 5 of this Act arising out of the investigation; (4) Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use. (5) The evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party.
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Propose a change(1) A sheriff may grant a production order, search warrant, customer information order or account monitoring order under this Act in relation to property situated in any area of Scotland notwithstanding that it is outside the area of that sheriff. (2) Any such order or warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it. (3) This section is without prejudice to any existing rule of law or to any other provision of this Act.
Propose a change(1) The Scottish Ministers must prepare a code of practice as to the exercise by proper persons of functions they have under this Chapter. (2) After preparing a draft of the code the Scottish Ministers— (a) must publish the draft; (b) must consider any representations made to them about the draft; (c) may amend the draft accordingly. (3) After the Scottish Ministers have proceeded under subsection (2) they must lay the code before the Scottish Parliament. (4) When they have done so, the Scottish Ministers may bring the code into operation on such day as they may appoint by order. (5) A proper person must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter. (6) If a proper person fails to comply with any provision of a code of practice issued under this section he is not by reason only of that failure liable in any criminal or civil proceedings. (7) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any questions in the proceedings. (8) The Scottish Ministers may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.
Propose a change(1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers. (2) The specified functions are the functions conferred on the Scottish Ministers by— (a) section 380(1) (production orders), (b) section 382(2) (entry orders), (c) section 386(4) (supplementary to production and entry orders), (d) section 387(1) (search warrants), (e) section 391(1) (disclosure orders), (f) section 396(4) (supplementary to disclosure orders), (g) section 397(1) (customer information orders), (h) section 403(4) (supplementary to customer information orders), (i) section 404(1) (account monitoring orders), (j) section 408(4) (supplementary to account monitoring orders).
Propose a changeIn this Chapter, unless the context otherwise requires— “appropriate person” means— the procurator fiscal, in relation to a confiscation investigation or a money laundering investigation, the Scottish Ministers, in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation; references to a “constable” include references to an officer of Revenue and Customs and to an immigration officer; “legal privilege” means protection in legal proceedings from disclosure, by virtue of any rule of law relating to the confidentiality of communications; and “items subject to legal privilege” are— communications between a professional legal adviser and his client, or communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, which would be so protected. “premises” include any place and, in particular, include— any vehicle, vessel, aircraft or hovercraft; any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 (c. 61) and any tent or movable structure; “proper person” means— a constable, in relation to a confiscation investigation or a money laundering investigation; the Scottish Ministers or a person named by them, in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation.
Propose a change(1) 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— (a) section 362B(2)(b) (minimum value of property for purposes of making unexplained wealth order in England and Wales or Northern Ireland), and (b) section 396B(2)(b) (minimum value of property for purposes of making unexplained wealth order in Scotland). (2) The Secretary of State must consult the Department of Justice in Northern Ireland and the Scottish Ministers before making regulations under subsection (1).
Propose a change(1) 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. (2) A person benefits from conduct if he obtains property or a pecuniary advantage as a result of or in connection with the conduct. (3) 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. (4) If a person benefits from conduct his benefit is the property or pecuniary advantage obtained as a result of or in connection with the conduct. (5) It is immaterial— (a) whether conduct occurred before or after the passing of this Act, and (b) whether property or a pecuniary advantage constituting a benefit from conduct was obtained before or after the passing of this Act.
Propose a change(1) 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. (2) “Recoverable property” and “associated property” have the same meanings as in Part 5. (3) The following rules apply in relation to property— (za) property is held by a person if he holds an interest in it; (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).
Propose a change(1) An offence under section 327, 328 or 329 is a money laundering offence. (1A) Each of the following is a money laundering offence— (a) an offence under section 93A, 93B or 93C of the Criminal Justice Act 1988; (b) an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994; (c) an offence under section 37 or 38 of the Criminal Law (Consolidation) (Scotland) Act 1995; (d) an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996. (2) Each of the following is a money laundering offence— (a) an attempt, conspiracy or incitement to commit an offence specified in subsection (1); (b) aiding, abetting, counselling or procuring the commission of an offence specified in subsection (1).
Propose a change(1) These expressions are to be construed in accordance with these provisions of this Part— civil recovery investigation: section 341(2) and (3) confiscation investigation: section 341(1) cryptoasset investigation: section 341(3D) detained cash investigation: section 341(3A) detained property investigation: section 341(3B) frozen funds investigation: section 341(3C) money laundering investigation: section 341(4) (2) In the application of this Part to England and Wales and Northern Ireland, these expressions are to be construed in accordance with these provisions of this Part— account information: section 370(4) account monitoring order: section 370(6) appropriate officer: section 378 customer information: section 364 customer information order: section 363(5) disclosure order: section 357(4) document: section 379 enforcement authority: section 362A(7) interim freezing order: section 362J(3) order to grant entry: section 347(3) production order: section 345(4) relevant authority: section 357(7) to (9) relevant Director: section 352(5A) search and seizure warrant: section 352(4) senior appropriate officer: section 378. senior National Crime Agency officer: section 378(8). unexplained wealth order: section 362A(3) (3) In the application of this Part to Scotland, these expressions are to be construed in accordance with these provisions of this Part— account information: section 404(5) account monitoring order: section 404(7) customer information: section 398 customer information order: section 397(6) disclosure order: section 391(4) interim freezing order: section 396J(3) production order: section 380(5) proper person: section 412 search warrant: section 387(4). unexplained wealth order: section 396A(3) (3A) The expressions “realisable property” and “confiscation order”— (a) in the application of this Part to England and Wales, have the same meanings as in Part 2; (b) in the application of this Part to Scotland, have the same meanings as in Part 3; (c) in the application of this Part to Northern Ireland, have the same meanings as in Part 4. (3B) In relation to an order in England and Wales or Northern Ireland that is an interim freezing order or an unexplained wealth order, references to the enforcement authority are to the enforcement authority that is seeking, or (as the case may be) has obtained, the order. (4) “Financial institution” means a person carrying on a business in the regulated sector. (5) But a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under— (a) a customer information order, or (b) an account monitoring order, to provide information which relates to a time when the person was a financial institution. (6) References to a business in the regulated sector must be construed in accordance with Schedule 9. (7) “Recovery order”, “ property freezing order ” “interim receiving order” and “interim administration order” have the same meanings as in Part 5. (7ZA) “Settlement” has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005. (7A) “Unlawful conduct” has the meaning given by section 241. (8) References to notice in writing include references to notice given by electronic means. (9) This section and sections 413 to 415 apply for the purposes of this Part.
Propose a change(1) This section applies if a person is made bankrupt in England and Wales. (2) The following property is excluded from the person's estate for the purposes of Part 9 of the 1986 Act— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force. (3) Subsection (2)(a) applies to heritable property in Scotland only if the restraint order is recorded in the General Register of Sasines or registered in the Land Register of Scotland before the order adjudging the person bankrupt. (4) If in the case of a debtor an interim receiver stands at any time appointed under section 286 of the 1986 Act and any property of the debtor is then subject to a restraint order made under section 41, 120 or 190 the powers conferred on the receiver by virtue of that Act do not apply to property then subject to the restraint order.
Propose a change(1) If a person is made bankrupt in England and Wales the powers referred to in subsection (2) must not be exercised in relation to the property referred to in subsection (3). (2) These are the powers— (a) the powers conferred on a court by sections 41 to 67B, the powers conferred on an appropriate officer by section 47C and the powers of a receiver appointed under section 48 or 50 ; (b) the powers conferred on a court by sections 120 to 136 and Schedule 3 , the powers conferred on an appropriate officer by section 127C and the powers of an administrator appointed under section 125 or 128(3); (c) the powers conferred on a court by sections 190 to 215B, the powers conferred on an appropriate officer by section 195C and the powers of a receiver appointed under section 196 or 198 . (3) This is the property— (a) property which is for the time being comprised in the bankrupt’s estate for the purposes of Part 9 of the 1986 Act; (b) property in respect of which his trustee in bankruptcy may (without leave of the court) serve a notice under section 307, 308 or 308A of the 1986 Act (after-acquired property, tools, tenancies etc); (c) property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 280(2)(c) of the 1986 Act; (d) in a case where a confiscation order has been made under section 6 or 156 of this Act, any sums remaining in the hands of a receiver appointed under section 50 or 198 of this Act after the amount required to be paid under the confiscation order has been fully paid; (e) in a case where a confiscation order has been made under section 92 of this Act, any sums remaining in the hands of an administrator appointed under section 128 of this Act after the amount required to be paid under the confiscation order has been fully paid. (f) in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c). (4) But nothing in the 1986 Act must be taken to restrict (or enable the restriction of) the powers referred to in subsection (2). (5) In a case where a petition in bankruptcy was presented or a receiving order or adjudication in bankruptcy was made before 29 December 1986 (when the 1986 Act came into force) this section has effect with these modifications— (a) for the reference in subsection (3)(a) to the bankrupt’s estate for the purposes of Part 9 of that Act substitute a reference to the property of the bankrupt for the purposes of the 1914 Act; (b) omit subsection (3)(b); (c) for the reference in subsection (3)(c) to section 280(2)(c) of the 1986 Act substitute a reference to section 26(2) of the 1914 Act; (d) for the reference in subsection (4) to the 1986 Act substitute a reference to the 1914 Act.
Propose a change