Legalize / United Kingdom / Serious Crime Act 2007 / History

Reform history

Serious Crime Act 2007

38 versions · 2007-10-30

2025-12-02

Serious Crime Act 2007

View changes Text at this date

Changes on 2025-12-02

@@ -2507,15 +2507,31 @@

##### 89

- (1) Any power of the Secretary of Stateor the Treasury to make an order under this Act is exercisable by statutory instrument.

- (2) Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order under this Act—

- (1) Any power of the Secretary of Stateor the Treasury to make an order or regulations under this Act is exercisable by statutory instrument.

- (2) Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act—

- (a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

- (b) includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriateor the Scottish Ministers consider appropriate.

- (3) No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

- section 4(4);

- section 49(6);

- section 63(3);

- section 69;

- section 90;

- paragraph 2(5)(j) of Schedule 1A;

- paragraph 102 of Schedule 8.

- (4) Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

@@ -6836,7 +6852,7 @@

#### Powers of law enforcement officers to retain documents

#### Involvement in serious crime: supplementary

#### Involvement in serious crime: Northern Ireland orders

#### No individual liability in respect of corporate manslaughter

@@ -8712,12 +8728,6 @@

[^key-e341dcbbcb25700f96845cd63ee5fd48]: [S. 70(5A)](https://www.legislation.gov.uk/ukpga/2007/27/section/70/5A) inserted (7.2.2023 at 12.00 p.m.) by [The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149)](https://www.legislation.gov.uk/uksi/2023/149), [regs. 1(2)](https://www.legislation.gov.uk/uksi/2023/149/regulation/1/2), [14(3)](https://www.legislation.gov.uk/uksi/2023/149/regulation/14/3)

[^key-49e22176d31d90583c1dcae1dcb15d93]: [Sch. 1 para. 7(2A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/7/2A) inserted (26.10.2023 for specified purposes) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(a)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/a), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b)

[^key-b9f73491e29e10284db9868ad2df28bb]: [Sch. 1 para. 16J(1A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/16J/1A) inserted (26.10.2023 for specified purposes) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/b), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b)

[^key-71e10d73b7a082fecc0f8a509047d57d]: [Sch. 1 para. 23(2A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/23/2A) inserted (26.10.2023 for specified purposes) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(c)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/c), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b)

[^key-e8373b87f7497b67dead46ae8f56847a]: [S. 50A](https://www.legislation.gov.uk/ukpga/2007/27/section/50A) inserted (20.12.2023) by [National Security Act 2023 (c. 32)](https://www.legislation.gov.uk/ukpga/2023/32), [ss. 30(2)](https://www.legislation.gov.uk/ukpga/2023/32/section/30/2), [100(1)](https://www.legislation.gov.uk/ukpga/2023/32/section/100/1) (with [s. 97](https://www.legislation.gov.uk/ukpga/2023/32/section/97)); [S.I. 2023/1272](https://www.legislation.gov.uk/uksi/2023/1272), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2023/1272/regulation/2/a)

[^key-c8f4b32f24c31a8b08a2941421fe5ba5]: [S. 50 cross-heading](https://www.legislation.gov.uk/ukpga/2007/27/part/2/crossheading/reasonableness-defence) substituted (20.12.2023) by [National Security Act 2023 (c. 32)](https://www.legislation.gov.uk/ukpga/2023/32), [ss. 30(3)](https://www.legislation.gov.uk/ukpga/2023/32/section/30/3), [100(1)](https://www.legislation.gov.uk/ukpga/2023/32/section/100/1) (with [s. 97](https://www.legislation.gov.uk/ukpga/2023/32/section/97)); [S.I. 2023/1272](https://www.legislation.gov.uk/uksi/2023/1272), [reg. 2(a)](https://www.legislation.gov.uk/uksi/2023/1272/regulation/2/a)

@@ -8730,6 +8740,32 @@

[^M_F_31caaa7f-30f3-4f13-b037-50a018e13c7f]: Sch. 3 para. 24C and heading inserted (20.12.2023) by [The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386)](https://www.legislation.gov.uk/uksi/2023/1386), [reg. 1(2)](https://www.legislation.gov.uk/uksi/2023/1386/regulation/1/2), [Sch. para. 26(b)](https://www.legislation.gov.uk/uksi/2023/1386/schedule/paragraph/26/b)

[^key-7948a93ed9caa808d1e80de27e83f551]: S. 51A renumbered as s. 51A(1) (31.1.2024) by [Online Safety Act 2023 (c. 50)](https://www.legislation.gov.uk/ukpga/2023/50), [s. 240(1)](https://www.legislation.gov.uk/ukpga/2023/50/section/240/1), [Sch. 14 para. 12(2)(a)](https://www.legislation.gov.uk/ukpga/2023/50/schedule/14/paragraph/12/2/a); [S.I. 2024/31](https://www.legislation.gov.uk/uksi/2024/31), [reg. 2](https://www.legislation.gov.uk/uksi/2024/31/regulation/2)

[^key-13e68bc2445459c278bdf9ba35ba19d6]: S. 51A(2) inserted (31.1.2024) by [Online Safety Act 2023 (c. 50)](https://www.legislation.gov.uk/ukpga/2023/50), [s. 240(1)](https://www.legislation.gov.uk/ukpga/2023/50/section/240/1), [Sch. 14 para. 12(2)(b)](https://www.legislation.gov.uk/ukpga/2023/50/schedule/14/paragraph/12/2/b); [S.I. 2024/31](https://www.legislation.gov.uk/uksi/2024/31), [reg. 2](https://www.legislation.gov.uk/uksi/2024/31/regulation/2)

[^key-ca022f9a7afb5119d67e00d4278b0557]: Words in s. 51A heading inserted (31.1.2024) by [Online Safety Act 2023 (c. 50)](https://www.legislation.gov.uk/ukpga/2023/50), [s. 240(1)](https://www.legislation.gov.uk/ukpga/2023/50/section/240/1), [Sch. 14 para. 12(2)(c)](https://www.legislation.gov.uk/ukpga/2023/50/schedule/14/paragraph/12/2/c); [S.I. 2024/31](https://www.legislation.gov.uk/uksi/2024/31), [reg. 2](https://www.legislation.gov.uk/uksi/2024/31/regulation/2)

[^key-782d85ebe9e7b7df28633dc6cfcc537b]: [Sch. 3 para. 24B](https://www.legislation.gov.uk/ukpga/2007/27/schedule/3/paragraph/24B) and cross-heading inserted (31.1.2024) by [Online Safety Act 2023 (c. 50)](https://www.legislation.gov.uk/ukpga/2023/50), [s. 240(1)](https://www.legislation.gov.uk/ukpga/2023/50/section/240/1), [Sch. 14 para. 12(3)](https://www.legislation.gov.uk/ukpga/2023/50/schedule/14/paragraph/12/3); [S.I. 2024/31](https://www.legislation.gov.uk/uksi/2024/31), [reg. 2](https://www.legislation.gov.uk/uksi/2024/31/regulation/2)

[^key-49e22176d31d90583c1dcae1dcb15d93]: [Sch. 1 para. 7(2A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/7/2A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(a)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/a), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b); [S.I. 2025/349](https://www.legislation.gov.uk/uksi/2025/349), [reg. 3](https://www.legislation.gov.uk/uksi/2025/349/regulation/3)

[^key-71e10d73b7a082fecc0f8a509047d57d]: [Sch. 1 para. 23(2A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/23/2A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(c)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/c), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b); [S.I. 2025/349](https://www.legislation.gov.uk/uksi/2025/349), [reg. 3](https://www.legislation.gov.uk/uksi/2025/349/regulation/3)

[^key-b9f73491e29e10284db9868ad2df28bb]: [Sch. 1 para. 16J(1A)](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1/paragraph/16J/1A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by [Economic Crime and Corporate Transparency Act 2023 (c. 56)](https://www.legislation.gov.uk/ukpga/2023/56), [ss. 206(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/206/2/b), [219(1)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/1)[(2)(b)](https://www.legislation.gov.uk/ukpga/2023/56/section/219/2/b); [S.I. 2025/349](https://www.legislation.gov.uk/uksi/2025/349), [reg. 3](https://www.legislation.gov.uk/uksi/2025/349/regulation/3)

[^key-28c730a11946c5028e2c98b4328e5f93]: Words in [s. 89](https://www.legislation.gov.uk/ukpga/2007/27/part/4/crossheading/general) heading inserted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 55(6)(a)](https://www.legislation.gov.uk/ukpga/2025/31/section/55/6/a), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

[^key-8060293743586daa2f1f1b050188e27c]: [Sch. 1A](https://www.legislation.gov.uk/ukpga/2007/27/schedule/1A) inserted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 58(3)](https://www.legislation.gov.uk/ukpga/2025/31/section/58/3), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

[^key-0c137f0edde2d1f4479247b8ca6a67da]: [Ss. 5B-5D](https://www.legislation.gov.uk/ukpga/2007/27/section/5B) inserted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 55(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/55/2), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

[^key-151aa54da63765a308e9d5cd0f0b614a]: [S. 15A](https://www.legislation.gov.uk/ukpga/2007/27/section/15A) and cross-heading inserted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 58(2)](https://www.legislation.gov.uk/ukpga/2025/31/section/58/2), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

[^key-c0e610c53850debe09ebe8d5f95b9439]: [S. 89(3)](https://www.legislation.gov.uk/ukpga/2007/27/section/89/3) substituted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 58(7)](https://www.legislation.gov.uk/ukpga/2025/31/section/58/7), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

[^key-bca25907f3f72b1990c3fb409ab1b956]: Words in [s. 89(1)](https://www.legislation.gov.uk/ukpga/2007/27/section/89/1)[(2)](https://www.legislation.gov.uk/ukpga/2007/27/section/89/2) inserted (2.12.2025 for specified purposes) by [Border Security, Asylum and Immigration Act 2025 (c. 31)](https://www.legislation.gov.uk/ukpga/2025/31), [ss. 55(6)(b)](https://www.legislation.gov.uk/ukpga/2025/31/section/55/6/b), [65(3)(f)](https://www.legislation.gov.uk/ukpga/2025/31/section/65/3/f)

#### Involvement in serious crime: England and Wales orders

#### Disclosure of information in accordance with orders

@@ -8740,7 +8776,7 @@

#### No individual liability in respect of corporate manslaughter

#### Other exceptions

#### Electronic monitoring requirements

#### Disclosure of information to prevent fraud

@@ -8756,1108 +8792,1274 @@

#### Civil recovery management receivers

#### Bodies corporate including limited liability partnerships

#### Incidents involving serious violence: powers to stop and search

#### Consequential amendments: Part 2

#### Disclosure of information to prevent fraud

##### 51A

- (1) Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).

- (2) Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

### Suicide Act 1961 (c. 60)

##### 27A

An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).

### Criminal Justice Act (Northern Ireland) 1966 (c. 20)

##### 42A

An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).

### Cluster Munitions (Prohibitions) Act 2010 (c. 11)

##### 24A

An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).

#### Appeals from Crown Court

#### Powers of management receivers and enforcement receivers

#### Civil recovery management receivers

#### Disclosure of information by Revenue and Customs

#### Incidents involving serious violence: powers to stop and search

#### Extension of investigatory powers of Revenue and Customs

#### No individual liability in respect of corporate manslaughter

##### 5A

Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.

#### Serious crime prevention orders

##### 2A

- (1) For the purposes of this Part, a person has been involved in serious crime in Scotland if he—

- (a) has committed a serious offence in Scotland;

- (b) has facilitated the commission by another person of a serious offence in Scotland; or

- (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Scotland (whether or not such an offence was committed).

- (2) In this Part “*a serious offence in Scotland*” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question—

- (a) is specified, or falls within a description specified, in Part 1A of Schedule 1; or

- (b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.

- (3) For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following—

- (a) the commission of a serious offence in Scotland;

- (b) conduct which facilitates the commission by another person of a serious offence in Scotland;

- (c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Scotland (whether or not such an offence is committed).

- (4) For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he—

- (a) has committed a serious offence in a country outside Scotland;

- (b) has facilitated the commission by another person of a serious offence in a country outside Scotland; or

- (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Scotland (whether or not such an offence was committed).

- (5) In subsection (4) “ *a serious offence in a country outside Scotland* ” means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question—

- (a) would be an offence under the law of Scotland if committed in or as regards Scotland; and

- (b) either—

- (i) would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; or

- (ii) is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).

- (6) The test in subsection (4) is to be used instead of the tests in sections 2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Northern Ireland.

- (7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

##### 5A

- (1) This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order.

“ *Information requirement* ” means a requirement of the kind referred to in section 5(5)(a) or (b).

- (2) The law enforcement officer may, for the purpose of—

- (a) checking the accuracy of the information, or

- (b) discovering the true position,

disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.

- (3) Any other person may disclose information to—

- (a) the law enforcement officer, or

- (b) a person to whom the law enforcement officer has disclosed information under subsection (2),

for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).

- (4) The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—

- (a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or

- (b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

- (5) A disclosure under this section does not breach—

- (a) any obligation of confidence owed by the person making the disclosure, or

- (b) any other restriction on the disclosure of information (however imposed).

- (6) But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.

- (7) In this section, “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

#### Any individual must be 18 or over

### Extension of jurisdiction: Scotland

##### 22A

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

- (ii) has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

- (2) The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

- (3) The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.

- (4) An order under this section may contain—

- (a) such prohibitions, restrictions or requirements; and

- (b) such other terms;

as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.

- (5) The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).

- (6) An order must not be made under this section except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (7) An order under this section is also called a serious crime prevention order.

##### 22B

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

- (2) The High Court or (as the case may be) the sheriff may—

- (a) in the case of a person who is the subject of a serious crime prevention order in Scotland; and

- (b) in addition to dealing with the person in relation to the offence,

vary the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

- (3) A variation under this section may be made only on an application by the Lord Advocate.

- (4) A variation must not be made except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

##### 22C

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (i) has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or

- (ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order.

- (2) The High Court or (as the case may be) the sheriff may—

- (a) in the case of an order in Scotland; and

- (b) in addition to dealing with the person in relation to the offence;

vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

- (3) An order may be varied or replaced under this section only on an application by the Lord Advocate.

- (4) A variation or new order must not be made except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

- (6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

##### 22D

- (1) A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).

- (2) The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court.

- (3) A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence.

- (4) Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

### Powers to extend orders where person charged

##### 22E

- (1) This section applies where a person subject to a serious crime prevention order is charged with—

- (a) a serious offence, or

- (b) an offence under section 25 of failing to comply with the serious crime prevention order.

- (2) The relevant applicant authority may make an application under this section to—

- (a) the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales;

- (b) the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland;

- (c) the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

- (3) On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then).

- (4) The events are—

- (a) following the person's conviction of the offence mentioned in subsection (1)—

- (i) the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence,

- (ii) a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or

- (iii) the court or sheriff deals with the person for the offence without varying the order or making a new one;

- (b) the person is acquitted of the offence;

- (c) the charge is withdrawn;

- (d) in the case of a serious crime prevention order in England and Wales or Northern Ireland—

- (i) proceedings in respect of the charge are discontinued, or

- (ii) an order is made for the charge to lie on the file;

- (e) in the case of a serious crime prevention order in Scotland—

- (i) proceedings against the person are deserted *simpliciter* ,

- (ii) proceedings against the person are deserted *pro loco et tempore* and no trial diet is appointed,

- (iii) the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or

- (iv) the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.

- (5) An order may be made under this section only if—

- (a) the serious crime prevention order is still in force, and

- (b) the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime.

- (6) In subsection (5)(b) “ *serious crime* ” means—

- (a) serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;

- (b) serious crime in Scotland, in the case of a serious crime prevention order in Scotland;

- (c) serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

##### 24A

- (1) An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—

- (a) to make a serious crime prevention order;

- (b) to vary, or not to vary, such an order; or

- (c) to discharge or not to discharge such an order;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

- (2) Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.

##### 24B

- (1) The following are to be taken to be a sentence for the purpose of an appeal—

- (a) a serious crime prevention order made under section 22A;

- (b) the variation under section 22B or 22C of an order made under section 22A;

- (c) the discharge of an order made under section 22A.

- (2) If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.

- (3) In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff—

- (a) to make a serious crime prevention order under section 22A; or

- (b) to vary, or not to vary, such an order under section 22B or 22C;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).

##### 27A

- (1) The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

- (a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

- (b) the Scottish Ministers consider that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.

- (1A) The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—

- (a) the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and

- (b) the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.

- (2) The Insolvency Act 1986 applies in relation to—

- (a) a petition under this section for the winding up of a company; and

- (b) the company's winding up;

as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).

- (3) Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.

- (4) The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—

- (a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

- (b) the court considers that it is just and equitable for the company to be wound up.

- (5) Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—

- (a) the partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

- (b) the court considers that it is just and equitable for the partnership to be dissolved.

- (6) Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.

- (7) The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.

- (8) An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—

- (a) the relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

- (b) the court considers that it is just and equitable for the relevant body to be wound up.

- (9) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

- (a) an appeal against conviction for the offence concerned has been made and not finally determined; or

- (b) the period during which such an appeal may be made has not expired.

- (10) No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—

- (a) the company or relevant body is already being wound up by the court, or

- (b) the partnership is already being dissolved by the court.

- (11) In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

- (12) In this section—

- “*appropriate Minister*” means—in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; andin relation to any other relevant body, the Scottish Ministers;

- “*company*” means—a company registered under the Companies Act 2006 in Scotland, oran unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),but does not include a relevant body;

- “*the court*”, in relation to a company, means a court in Scotland having jurisdiction to wind up the company;

- “*partnership*” does not include a relevant body; and

- “*relevant body*” means—a building society (within the meaning of the Building Societies Act 1986);an incorporated friendly society (within the meaning of the Friendly Societies Act 1992);a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;a limited liability partnership; orsuch other description of person as may be specified by order made by the Scottish Ministers;

and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).

#### Abolition of Assets Recovery Agency and redistribution of functions etc.

#### Use of search warrants etc. for detained cash investigations

##### 36A

- (1) Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.

- (2) One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.

- (3) Two other consequences of this are that the High Court or (as the case may be) the sheriff—

- (a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and

- (b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.

- (4) Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.

- (5) A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).

- (6) A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.

#### Use of search warrants etc. for detained cash investigations

#### Further provision about detained cash investigations

#### Disclosure of information to prevent fraud

#### Supplementary provision in relation to new powers

#### Data matching

#### Use of search warrants etc. for detained cash investigations

#### Further provision about detained cash investigations

#### Powers for prosecutors to appear in cash recovery proceedings

#### Orders and regulations

#### Orders

#### Powers for prosecutors to appear in cash recovery proceedings

#### Incidents involving serious violence: powers to stop and search

#### Extension of investigatory powers of Revenue and Customs

#### Orders

##### 1ZA

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

- (a) section 4 (producing a psychoactive substance);

- (b) section 5 (supplying, or offering to supply, a psychoactive substance);

- (c) section 7 (possession of psychoactive substance with intent to supply);

- (d) section 8 (importing or exporting a psychoactive substance).

### Slavery etc

##### 1A

An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

##### 11A

An offence under any of the following provisions of the Computer Misuse Act 1990—

- (a) section 1 (unauthorised access to computer material);

- (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

- (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );

- (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );

- (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

### Organised crime

##### 13A

An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

## PART 1A — SERIOUS OFFENCES IN SCOTLAND

### Drug trafficking

##### 16A

- (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971—

- (a) section 4(2) or (3) (unlawful production or supply of controlled drugs);

- (b) section 5(3) (possession of controlled drug with intent to supply);

- (c) section 6 (restriction of cultivation of cannabis plant);

- (d) section 8 (permitting etc certain activities relating to controlled drugs);

- (e) section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

- (2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

- (a) section 50(2) or (3) (improper importation of goods);

- (b) section 68(2) (exportation of prohibited or restricted goods);

- (c) section 170 (fraudulent evasion of duty etc ).

- (3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990—

- (a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

- (b) section 19 (using a ship for illicit traffic in controlled drugs).

##### 16AA

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

- (a) section 4 (producing a psychoactive substance);

- (b) section 5 (supplying, or offering to supply, a psychoactive substance);

- (c) section 7 (possession of psychoactive substance with intent to supply);

- (d) section 8 (importing or exporting a psychoactive substance).

### People trafficking

##### 16B

- (1) An offence under section 25 or 25A of the Immigration Act 1971 (assisting unlawful immigration etc).

- (2) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

### Firearms offences

##### 16C

- (1) An offence under any of the following provisions of the Firearms Act 1968—

- (a) section 1(1) (possession etc of firearms or ammunition without certificate);

- (b) section 2(1) (possession etc of shot gun without certificate);

- (c) section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);

- (d) section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).

- (2) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

- (a) section 68(2) (exportation of prohibited or restricted goods);

- (b) section 170 (fraudulent evasion of duty etc).

- (3) In sub-paragraph (2) “*firearm*” and “*ammunition*” have the same meanings as in section 57 of the Firearms Act 1968.

### Prostitution, child sex and pornography

##### 16D

- (1) An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995—

- (a) section 11(1) (living on earnings of prostitution or soliciting for immoral purposes);

- (b) section 11(4) (aiding, abetting or compelling prostitution for gain);

- (c) section 11(5) (running of brothels).

- (2) An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).

- (3) An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

- (a) section 10 (causing or inciting provision by child of sexual services or child pornography);

- (b) section 11 (controlling a child providing sexual services or involved in pornography);

- (c) section 12 (arranging or facilitating provision by child of sexual services or child pornography).

- (4) An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).

### Serious organised crime

##### 16E

- (1) An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

- (a) section 28(1) (involvement in serious organised crime);

- (b) section 30(1) or (2) (directing serious organised crime).

- (2) An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime).

### Money laundering

##### 16F

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

- (a) section 327 (concealing etc criminal property);

- (b) section 328 (facilitating the acquisition etc of criminal property by or on behalf of another);

- (c) section 329 (acquisition, use and possession of criminal property).

### Offences in relation to public revenue etc

##### 16G

- (1) An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above.

- (2) An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).

- (3) An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

- (4) An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

- (5) An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

### Bribery

##### 16H

An offence under any of the following provisions of the Bribery Act 2010—

- (a) section 1 (offences of bribing another person);

- (b) section 2 (offences relating to being bribed);

- (c) section 6 (bribery of foreign public officials).

### Counterfeiting

##### 16I

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

- (a) section 14 (making counterfeit notes or coins);

- (b) section 15 (passing etc counterfeit notes or coins);

- (c) section 16 (having custody or control of counterfeit notes or coins);

- (d) section 17 (making or having custody or control of counterfeiting materials or implements).

### Fraud etc

##### 16J

- (1) An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc).

- (1A) An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).

- (2) Fraud.

- (3) Conspiracy to defraud.

- (4) Theft.

- (5) Extortion.

- (6) Assault and robbery.

### Computer misuse

##### 16K

An offence under any of the following provisions of the Computer Misuse Act 1990—

- (a) section 1 (unauthorised access to computer material);

- (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

- (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);

- (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);

- (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

### Intellectual property

##### 16L

- (1) An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders).

- (2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc).

### Environment

##### 16M

- (1) An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—

- (a) section 1 (fishing for salmon: methods);

- (b) section 2 (fishing for freshwater fish: methods);

- (c) section 5 (using explosive or other noxious substances for taking or destruction of fish etc).

- (2) An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc).

- (3) An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste).

- (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 ([S.I. 2018/703](https://www.legislation.gov.uk/uksi/2018/703)).

- (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation [(EC) No 338/97](https://www.legislation.gov.uk/eur/1997/0338) on the protection of species of wild fauna and flora by regulating trade therein.

### Inchoate offences

##### 16N

An offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule.

### Earlier offences

##### 16O

This Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

### Scope of offences

##### 16P

Where this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland.

##### 17A

An offence under any of the following provisions of the Psychoactive Substances Act 2016—

- (a) section 4 (producing a psychoactive substance);

- (b) section 5 (supplying, or offering to supply, a psychoactive substance);

- (c) section 7 (possession of psychoactive substance with intent to supply);

- (d) section 8 (importing or exporting a psychoactive substance).

### Computer misuse

##### 27A

An offence under any of the following provisions of the Computer Misuse Act 1990—

- (a) section 1 (unauthorised access to computer material);

- (b) section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

- (c) section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );

- (d) section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );

- (e) section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

### Serious Crime Act 2015

##### 38A

An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

### ... Sanctions legislation

##### 13B

- (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.

- (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

- (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

- (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

- (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

- (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

- (6) In this paragraph—

- “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

- “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

### ... Sanctions legislation

##### 16MA

- (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

- (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

- (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

- (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

- (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

- (6) In this paragraph—

- “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

- “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

### ... Sanctions legislation

##### 29A

- (2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.

- (3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).

- (4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.

- (5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.

- (5A) An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

- (6) In this paragraph—

- “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);

- “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

#### Involvement in serious crime: England and Wales orders

#### Additional right of appeal from High Court

#### Additional right of appeal from Court of Session

#### Powers to wind up: supplementary

#### Proceedings in the High Court of Justiciary and sheriff court

#### Powers of law enforcement officers to retain documents

#### Intentionally encouraging or assisting an offence

#### Offence for certain further disclosures of information

#### Use of search warrants etc. for detained cash investigations

#### Further provision about detained cash investigations

#### Supplementary provision in relation to new powers

#### Powers of management receivers and enforcement receivers

#### Civil recovery management receivers

#### Incidents involving serious violence: powers to stop and search

#### Consequential amendments: Part 2

#### Extension of investigatory powers of Revenue and Customs

#### Orders

### Terrorism

##### 2A

An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

### Terrorism

##### 16BA

An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

### Terrorism

##### 18A

An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

#### Right of third parties to make representations

##### 8A

- (1) For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3).

- (2) The “*trigger offence*”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime.

- (3) A trigger offence is within this subsection if—

- (a) it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1;

- (b) it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1;

- (c) if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or

- (d) in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence—

- (i) is, or takes place in the course of, an act of terrorism; or

- (ii) is committed for the purposes of terrorism.

- (4) Subsection (5) applies where—

- (a) the court is considering whether a trigger offence is within subsection (3)(d);

- (b) the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and

- (c) at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection.

- (5) The court—

- (a) must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and

- (b) must not otherwise decide that the trigger offence is within subsection (3)(d).

- (6) For the purposes of this section, an offence was determined to have a terrorist connection if —

- (a) it was determined to have a terrorist connection under—

- (i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or

- (ii) section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or

- (b) it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland);

(and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly).

- (7) In this section “*terrorism*” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

#### Appeals from High Court of Justiciary and sheriff

#### Functions of applicant authorities

#### Interpretation: Part 1

#### Encouraging or assisting an offence believing it will be committed

#### Encouraging or assisting the commission of an offence

#### Disclosure of information to prevent fraud

##### 51A

Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).

### Suicide Act 1961 (c. 60)

##### 27A

An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).

### Criminal Justice Act (Northern Ireland) 1966 (c. 20)

##### 42A

An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).

### Cluster Munitions (Prohibitions) Act 2010 (c. 11)

##### 24A

An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).

#### Additional right of appeal from High Court

#### Penalty and prosecution for offence under section 69

#### Supplementary provision in relation to new powers

#### Civil recovery management receivers

#### Incidents involving serious violence: powers to stop and search

#### Orders

### Chief officers of police in England and Wales

##### 15A

The functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are—

- (a) to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related or for their variation or discharge;

- (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales that is terrorism-related;

- (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (whether proceedings on appeal, by virtue of section 27 or otherwise);

- (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related; and

- (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

##### 15B

- (1) A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.

- (2) References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent.

### The chief constable of the Police Service of Scotland

##### 15C

The functions of the chief constable of the Police Service of Scotland are—

- (a) to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, or for their variation or discharge;

- (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Scotland that is terrorism-related;

- (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise);

- (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and

- (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

##### 15D

- (1) The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.

- (2) References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent.

### The Chief Constable of the Police Service of Northern Ireland

##### 20A

The functions of the Chief Constable of the Police Service of Northern Ireland are—

- (a) to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related or for their variation or discharge;

- (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland that is terrorism-related;

- (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise);

- (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and

- (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

##### 20B

- (1) The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.

- (2) References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent.

#### Offence for certain further disclosures of information

#### Supplementary provision in relation to new powers

#### Civil recovery management receivers

#### Incidents involving serious violence: powers to stop and search

##### 50A

- (1) This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

- (2) It is a defence for the person to show that their act was necessary for—

- (a) the proper exercise of a function of an intelligence service, or

- (b) the proper exercise of a function of the armed forces relating to intelligence.

- (3) A person is taken to have shown that their act was so necessary if—

- (a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

- (b) the contrary is not proved beyond reasonable doubt.

- (4) The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

- (5) The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—

- (a) a member of the armed forces, or

- (b) a civilian subject to service discipline when working in support of a member of the armed forces,

to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.

- (6) The arrangements which must be in place by virtue of subsection [(4)](#p02826) or [(5)](#p02830) must be arrangements which the Secretary of State considers to be satisfactory.

- (7) In this section—

- “*armed forces*” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);

- “*civilian subject to service discipline*” has the same meaning as in the Armed Forces Act 2006;

- “*GCHQ*” has the meaning given by section 3(3) of the Intelligence Services Act 1994;

- “*head*” means—in relation to the Security Service, the Director General of the Security Service,in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, andin relation to GCHQ, the Director of GCHQ;

- “*intelligence service*” means the Security Service, the Secret Intelligence Service or GCHQ.

#### No individual liability in respect of corporate manslaughter

#### Powers to seize property to which restraint orders apply

#### Powers of management receivers and enforcement receivers

#### Civil recovery management receivers

#### Disclosure of information by Revenue and Customs

#### Incidents involving serious violence: powers to stop and search

#### Extension of investigatory powers of Revenue and Customs

#### No individual liability in respect of corporate manslaughter

##### 5A

#### Serious crime prevention orders

##### 2A

- (1) For the purposes of this Part, a person has been involved in serious crime in Scotland if he—

- (a) has committed a serious offence in Scotland;

- (b) has facilitated the commission by another person of a serious offence in Scotland; or

- (c) has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Scotland (whether or not such an offence was committed).

- (2) In this Part “*a serious offence in Scotland*” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question—

- (a) is specified, or falls within a description specified, in Part 1A of Schedule 1; or

- (b) is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.

- (3) For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following—

- (a) the commission of a serious offence in Scotland;

- (b) conduct which facilitates the commission by another person of a serious offence in Scotland;

- (c) conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Scotland (whether or not such an offence is committed).

- (4) For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he—

- (a) has committed a serious offence in a country outside Scotland;

- (b) has facilitated the commission by another person of a serious offence in a country outside Scotland; or

- (a) would be an offence under the law of Scotland if committed in or as regards Scotland; and

- (b) either—

- (i) would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; or

- (7) An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

##### 5A

- (1) This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order.

“ *Information requirement* ” means a requirement of the kind referred to in section 5(5)(a) or (b).

- (2) The law enforcement officer may, for the purpose of—

- (a) checking the accuracy of the information, or

- (b) discovering the true position,

disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.

- (3) Any other person may disclose information to—

- (a) the law enforcement officer, or

- (b) a person to whom the law enforcement officer has disclosed information under subsection (2),

for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).

- (4) The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—

- (a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or

- (5) A disclosure under this section does not breach—

- (a) any obligation of confidence owed by the person making the disclosure, or

- (b) any other restriction on the disclosure of information (however imposed).

- (6) But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.

- (7) In this section, “*the data protection legislation*” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

#### Any individual must be 18 or over

### Extension of jurisdiction: Scotland

##### 22A

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

- (4) An order under this section may contain—

- (a) such prohibitions, restrictions or requirements; and

- (b) such other terms;

- (5) The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).

- (6) An order must not be made under this section except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (7) An order under this section is also called a serious crime prevention order.

##### 22B

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (i) has been convicted by or before the High Court of having committed a serious offence in Scotland, or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

- (2) The High Court or (as the case may be) the sheriff may—

- (a) in the case of a person who is the subject of a serious crime prevention order in Scotland; and

- (b) in addition to dealing with the person in relation to the offence,

- (3) A variation under this section may be made only on an application by the Lord Advocate.

- (4) A variation must not be made except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

##### 22C

- (1) Subsection (2) applies where—

- (a) the High Court of Justiciary (the “High Court”) is dealing with a person who—

- (ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or

- (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order.

- (2) The High Court or (as the case may be) the sheriff may—

- (a) in the case of an order in Scotland; and

- (b) in addition to dealing with the person in relation to the offence;

- (3) An order may be varied or replaced under this section only on an application by the Lord Advocate.

- (4) A variation or new order must not be made except—

- (a) in addition to a sentence imposed in respect of the offence concerned; or

- (b) in addition to an order discharging the person absolutely.

- (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

- (6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

##### 22D

- (1) A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).

### Powers to extend orders where person charged

##### 22E

- (1) This section applies where a person subject to a serious crime prevention order is charged with—

- (a) a serious offence, or

- (b) an offence under section 25 of failing to comply with the serious crime prevention order.

- (2) The relevant applicant authority may make an application under this section to—

- (a) the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales;

- (b) the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland;

- (c) the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

- (4) The events are—

- (a) following the person's conviction of the offence mentioned in subsection (1)—

- (i) the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence,

- (ii) a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or

- (iii) the court or sheriff deals with the person for the offence without varying the order or making a new one;

- (b) the person is acquitted of the offence;

- (c) the charge is withdrawn;

- (d) in the case of a serious crime prevention order in England and Wales or Northern Ireland—

- (i) proceedings in respect of the charge are discontinued, or

- (ii) an order is made for the charge to lie on the file;

- (e) in the case of a serious crime prevention order in Scotland—

- (i) proceedings against the person are deserted *simpliciter* ,

- (ii) proceedings against the person are deserted *pro loco et tempore* and no trial diet is appointed,

- (iii) the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or

- (iv) the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.

- (5) An order may be made under this section only if—

- (a) the serious crime prevention order is still in force, and

- (b) the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime.

- (6) In subsection (5)(b) “ *serious crime* ” means—

- (a) serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;

- (b) serious crime in Scotland, in the case of a serious crime prevention order in Scotland;

- (c) serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

##### 24A

- (1) An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—

- (a) to make a serious crime prevention order;

- (b) to vary, or not to vary, such an order; or

- (c) to discharge or not to discharge such an order;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

### National Security Act 2023 (c. 32)

##### 24C

An offence under section 18 of the National Security Act 2023.

### Electronic monitoring requirements

##### 5B

- (1) A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.

- (2) A requirement imposed under subsection (1) is referred to in this Part as an “*electronic monitoring requirement*”.

- (3) A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

- (4) The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

- (5) Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—

- (a) submit, as required from time to time by the responsible person, to—

- (i) being fitted with, or the installation of, any necessary apparatus, and

- (ii) the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;

- (b) not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;

- (c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.

These obligations have effect as requirements of the order.

- (6) A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

##### 5C

- (1) This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“*P*”) under section 5B.

- (2) The requirement may not be imposed in P’s absence.

- (3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

- (4) A court may impose the requirement in relation to a relevant police area or areas only if—

- (a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and

- (b) it is satisfied that the necessary provision can be made under the arrangements currently available.

- (5) For the purposes of subsection (4)—

- “*relevant police area*” means—the police area in England or Wales in which it appears to the court that P resides or will reside, andin a case where it is proposed to include in the order—a requirement that P must remain, for specified periods, at a specified place, ora provision prohibiting P from entering a specified place or area,the police area in England or Wales in which the place or area proposed to be specified is situated;

- “*specified*” means specified in the order.

##### 5D

- (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.

- (2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

### Notification requirements: England and Wales

##### 15A

- (1) Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).

- (2) A relevant order—

- (a) must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;

- (b) may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise).

- (3) In this Part references to a “specified person” are to a person specified under subsection (2)(a).

## Schedule 1A

#### Notification requirements for persons other than individuals

##### 1

- (1) Where a person other than an individual is subject to a relevant order that person (“*P*”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual.

- (2) In this paragraph “*authorised individual*” means an individual who—

- (a) is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and

- (b) has consented to act in that capacity.

- (3) P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual.

- (4) Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.

##### 2

- (1) An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual.

- (2) If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change.

- (3) A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order.

- (4) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day.

- (5) In this paragraph “*the notifiable information*” relating to an individual means—

- (a) their name and, if they use one or more other names, each of those names;

- (b) the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay;

- (c) each of their telephone numbers and email addresses (if any);

- (d) any name which they use to access a social media service or the function of which is to identify the user of such a service;

- (e) any name—

- (i) which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or

- (ii) the function of which is to identify them as the user of such a game;

- (f) identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes);

- (g) specified financial information;

- (h) specified information about identification documents;

- (i) the name and address of each of their employers (if any);

- (j) any information of a description specified in regulations made by the Secretary of State.

- (6) For the purposes of sub-paragraph (5)—

- (a) where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places);

- (b) “*social media service*” means an online service that meets the following conditions—

- (i) the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and

- (ii) making content generated by users available to other users is a significant feature of the service;

- (c) “*specified financial information*” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the [Counter-Terrorism Act 2008](https://www.legislation.gov.uk/ukpga/2008/28);

- (d) “*specified information about identification documents*” means the information specified in paragraph 2(a) and (b) of that Schedule;

- (e) “*user-to-user service*” has the meaning given by section 3 of the [Online Safety Act 2023](https://www.legislation.gov.uk/ukpga/2023/50).

#### Offences

##### 3

- (1) A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4).

- (2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine.

- (3) A person commits an offence under the law of England and Wales if the person—

- (a) fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2;

- (b) gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false.

- (4) A person guilty of an offence under sub-paragraph (3) is liable—

- (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

- (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

### Online Safety Act 2023