The Proceeds of Crime Act 2002 (External Investigations) Order 2014
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Change 1
2 Interpretation
(1) In this Order— “the Act” means the Proceeds of Crime Act 2002; “account monitoring order” has the same meaning as in article 29; “appropriate officer” means an NCA officer, an accredited financial investigator, a constable , an SFO officer ... or an officer of Her Majesty’s Revenue and Customs; “authorised government department” means a government department, or a Northern Ireland department, which is an authorised department for the purposes of the Crown Proceedings Act 1947; “judge” means— in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court, or in Northern Ireland, a Crown Court judge; “customer information order” has the same meaning as in article 22; “disclosure order” has the same meaning as in article 16; “document”, “excluded material” and “premises” have the same meanings as in section 379 of the Act; “enforcement authority” (in relation to Part 5A (unexplained wealth orders ...)) means— the National Crime Agency; Her Majesty’s Revenue and Customs; the Financial Conduct Authority; the Director of the Serious Fraud Office, or 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); “external order” has the same meaning as in article 34H (unexplained wealth order: application for interim freezing order); “financial institution” means a person carrying on a business in the regulated sector, but a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 to the Act or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under a customer information order or an account monitoring order to provide information which relates to a time when the person was a financial institution; “interim freezing order” has the same meaning as in article 34H; “NCA” means the National Crime Agency; “NCA officer” has the same meaning as in section 16(1) of the Crime and Courts Act 2013; “money laundering offence” means an act which— constitutes an offence under section 415 of the Act, constitutes an offence under section 18 of the Terrorism Act 2000, or would constitute an offence specified in paragraph (a) or (b) if done in the United Kingdom; “production order” has the same meaning as in article 6; “requesting party” has the same meaning as in article 34C(5) (non-compliance with an unexplained wealth order); “respondent” has the same meaning as in article 34A(2)(b) (unexplained wealth orders); “response period” has the same meaning as in article 34C(5); “search and seizure warrant” has the same meaning as in article 13; “senior appropriate officer” means— a senior NCA officer, ... an accredited financial investigator who is under the direction of a relevant Director as defined in section 352(5A) of the Act. the Director of the Serious Fraud Office ...; a police officer who is not below the rank of superintendent; an officer of Her Majesty’s Revenue and Customs who is not below such grade as is designated by the Commissioners of Her Majesty’s Revenue and Customs as equivalent to that rank; “senior NCA officer” has the same meaning as in paragraph 10(5) of Schedule 1 to the Crime and Courts Act 2013. “SFO” means the Serious Fraud Office and “SFO officer” means a member of staff of the Serious Fraud Office. “settlement” (in relation to Part 5A) has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005; “unexplained wealth order” has the same meaning as in article 34A. (2) In this Order references to— (a) a “business in the regulated sector” must be construed in accordance with Schedule 9 to the Act; (b) “notice in writing” includes reference to notice given by electronic means.
2 Interpretation
(1) In this Order— “the Act” means the Proceeds of Crime Act 2002; “account monitoring order” has the same meaning as in article 29; “appropriate officer” means an NCA officer, an accredited financial investigator, a constable , an SFO officer ... or an officer of Her Majesty’s Revenue and Customs; “authorised government department” means a government department, or a Northern Ireland department, which is an authorised department for the purposes of the Crown Proceedings Act 1947; “judge” means— in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court, or in Northern Ireland, a Crown Court judge; “customer information order” has the same meaning as in article 22; “disclosure order” has the same meaning as in article 16; “document”, “excluded material” and “premises” have the same meanings as in section 379 of the Act; “enforcement authority” (in relation to Part 5A (unexplained wealth orders ...)) means— the National Crime Agency; Her Majesty’s Revenue and Customs; the Financial Conduct Authority; the Director of the Serious Fraud Office, or 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); “external order” has the same meaning as in article 34H (unexplained wealth order: application for interim freezing order); “financial institution” means a person carrying on a business in the regulated sector, but a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 to the Act or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under a customer information order or an account monitoring order to provide information which relates to a time when the person was a financial institution; “interim freezing order” has the same meaning as in article 34H; “NCA” means the National Crime Agency; “NCA officer” has the same meaning as in section 16(1) of the Crime and Courts Act 2013; “money laundering offence” means an act which— constitutes an offence under section 415 of the Act, constitutes an offence under section 18 of the Terrorism Act 2000, or would constitute an offence specified in paragraph (a) or (b) if done in the United Kingdom; “production order” has the same meaning as in article 6; “requesting party” has the same meaning as in article 34C(5) (non-compliance with an unexplained wealth order); “respondent” has the same meaning as in article 34A(2)(b) (unexplained wealth orders); “response period” has the same meaning as in article 34C(5); “search and seizure warrant” has the same meaning as in article 13; “senior appropriate officer” means— a senior NCA officer, ... an accredited financial investigator who is under the direction of a relevant Director as defined in section 352(5A) of the Act. the Director of the Serious Fraud Office ...; a police officer who is not below the rank of superintendent; an officer of Her Majesty’s Revenue and Customs who is not below such grade as is designated by the Commissioners of Her Majesty’s Revenue and Customs as equivalent to that rank; “senior NCA officer” has the same meaning as in paragraph 10(5) of Schedule 1 to the Crime and Courts Act 2013. “SFO” means the Serious Fraud Office and “SFO officer” means a member of staff of the Serious Fraud Office. “settlement” (in relation to Part 5A) has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005; “unexplained wealth order” has the same meaning as in article 34A. (2) In this Order references to— (a) a “business in the regulated sector” must be construed in accordance with Schedule 9 to the Act; (b) “notice in writing” includes reference to notice given by electronic means.
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