Criminal Finances Act 2017

(303Z1) (1) This section applies if an enforcement officer has reasonable grounds for suspecting that money held in an account maintained with a bank or building society— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (2) Where this section applies (but subject to section 303Z2) the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held. (3) For the purposes of this Chapter— (a) an account freezing order is an order that, subject to any exclusions (see section 303Z5), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account; (b) an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account. (4) An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct. (5) The money referred to in subsection (1) may be all or part of the credit balance of the account. (6) In this Chapter— - “bank” has the meaning given by section 303Z7; - “building society” has the same meaning as in the Building Societies Act 1986; - “enforcement officer” means— 1. an officer of Revenue and Customs, 2. a constable, 3. an SFO officer, or 4. an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State under section 453; - “the minimum amount” has the meaning given by section 303Z8; - “relevant court”— 1. in England and Wales and Northern Ireland, means a magistrates' court, and 2. in Scotland, means the sheriff. (303Z2) (1) The power to apply for an account freezing order is not exercisable if the money in relation to which the enforcement officer's suspicion exists is less in amount than the minimum amount. (2) An enforcement officer may not apply for an account freezing order unless the officer is a senior officer or is authorised to do so by a senior officer. (3) The power to apply for an account freezing order is not exercisable by an SFO officer, or by an accredited financial investigator, in relation to an account maintained with a branch of a bank or building society that is in Scotland. (4) For the purposes of this Chapter, a “senior officer” is — (a) an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer, (b) a senior police officer, (c) the Director of the Serious Fraud Office, (d) the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or (e) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State under section 453. (5) In subsection (4), a “senior police officer” means a police officer of at least the rank of inspector. (303Z3) (1) This section applies where an application for an account freezing order is made under section 303Z1 in relation to an account. (2) The relevant court may make the order if satisfied that there are reasonable grounds for suspecting that money held in the account (whether all or part of the credit balance of the account)— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (3) An account freezing order ceases to have effect at the end of the period specified in the order (which may be varied under section 303Z4) unless it ceases to have effect at an earlier or later time in accordance with the provision made by sections 303Z9(6)(c), 303Z11(2) to (7), 303Z14(6) to (8) and 303Z15. (4) The period specified by the relevant court for the purposes of subsection (3) (whether when the order is first made or on a variation under section 303Z4) may not exceed the period of 2 years, starting with the day on which the account freezing order is (or was) made. (5) An account freezing order must provide for notice to be given to persons affected by the order. (303Z4) (1) The relevant court may at any time vary or set aside an account freezing order on an application made by— (a) an enforcement officer, or (b) any person affected by the order. (2) But an enforcement officer may not make an application under subsection (1) unless the officer is a senior officer or is authorised to do so by a senior officer. (3) Before varying or setting aside an account freezing order the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision. (4) In relation to Scotland, the references in this section to setting aside an order are to be read as references to recalling it. (303Z5) (1) The power to vary an account freezing order includes (amongst other things) power to make exclusions from the prohibition on making withdrawals or payments from the account to which the order applies. (2) Exclusions from the prohibition may also be made when the order is made. (3) An exclusion may (amongst other things) make provision for the purpose of enabling a person by or for whom the account is operated— (a) to meet the person's reasonable living expenses, or (b) to carry on any trade, business, profession or occupation. (4) An exclusion may be made subject to conditions. (5) Where a magistrates' court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion— (a) is limited to reasonable legal expenses that the person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and (c) is made subject to the same conditions as would be the required conditions (see section 286A) if the order had been made under section 245A (in addition to any conditions imposed under subsection (4)). (6) A magistrates' court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Part— (a) must have regard to the desirability of the person being represented in any proceedings under this Part in which the person is a participant, and (b) must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made— (i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or (ii) be funded by the Northern Ireland Legal Services Commission. (7) The sheriff's power to make exclusions may not be exercised for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part. (8) The power to make exclusions must, subject to subsection (6), be exercised with a view to ensuring, so far as practicable, that there is not undue prejudice to the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct. (303Z6) (1) If a court in which proceedings are pending in respect of an account maintained with a bank or building society is satisfied that an account freezing order has been applied for or made in respect of the account, it may either stay the proceedings or allow them to continue on any terms it thinks fit. (2) Before exercising the power conferred by subsection (1), the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision. (3) In relation to Scotland, the reference in subsection (1) to staying the proceedings is to be read as a reference to sisting the proceedings. (303Z7) (1) “Bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom. (2) In subsection (1), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits. (3) A reference in subsection (2) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits. (303Z8) (1) “The minimum amount” is £1,000. (2) The Secretary of State may by regulations amend the amount for the time being specified in subsection (1). (3) The Secretary of State must consult the Scottish Ministers and the Department of Justice before making regulations under subsection (2). (4) For the purposes of this Chapter the amount of any money held in an account maintained with a bank or building society in a currency other than sterling must be taken to be its sterling equivalent, calculated in accordance with the prevailing rate of exchange. (303Z9) (1) This section applies while an account freezing order made by a magistrates' court has effect. In this section the account to which the order applies is “the frozen account”. (2) A senior officer may give a notice for the purpose of forfeiting money held in the frozen account (whether all or part of the credit balance of the account) if satisfied that the money— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (3) A notice given under subsection (2) is referred to in this Chapter as an account forfeiture notice. (4) An account forfeiture notice must— (a) state the amount of money held in the frozen account which it is proposed be forfeited, (b) confirm that the senior officer is satisfied as mentioned in subsection (2), (c) specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and (d) explain that the money will be forfeited unless an objection is received at that address within the period for objecting. (5) The period for objecting must be at least 30 days starting with the day after the notice is given. (6) If no objection is made within the period for objecting, and the notice has not lapsed under section 303Z11— (a) the amount of money stated in the notice is forfeited (subject to section 303Z12), (b) the bank or building society with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and (c) immediately after the transfer has been made, the account freezing order made in relation to the frozen account ceases to have effect. (7) An objection may be made by anyone (whether a recipient of the notice or not). (8) An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address. (9) An objection does not prevent forfeiture of the money held in the frozen account under section 303Z14. (303Z10) (1) The Secretary of State must make regulations about how an account forfeiture notice is to be given. (2) The regulations may (amongst other things) provide— (a) for an account forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed; (b) for circumstances in which, and the time at which, an account forfeiture notice is to be treated as having been given. (3) The regulations must ensure that where an account forfeiture notice is given it is, if possible, given to every person to whom notice of the account freezing order was given. (303Z11) (1) An account forfeiture notice lapses if— (a) an objection is made within the period for objecting specified in the notice under section 303Z9(4)(c), (b) an application is made under section 303Z14 for the forfeiture of money held in the frozen account, or (c) an order is made under section 303Z4 setting aside the relevant account freezing order. (2) If an account forfeiture notice lapses under subsection (1)(a), the relevant account freezing order ceases to have effect at the end of the period of 48 hours starting with the making of the objection (“the 48-hour period”). This is subject to subsections (3) and (7). (3) If within the 48-hour period an application is made— (a) for a variation of the relevant account freezing order under section 303Z4 so as to extend the period specified in the order, or (b) for forfeiture of money held in the frozen account under section 303Z14, the order continues to have effect until the relevant time (and then ceases to have effect). (4) In the case of an application of the kind mentioned in subsection (3)(a), the relevant time means— (a) if an extension is granted, the time determined in accordance with section 303Z3(3), or (b) if an extension is not granted, the time when the application is determined or otherwise disposed of. (5) In the case of an application of the kind mentioned in subsection (3)(b), the relevant time is the time determined in accordance with section 303Z14(6). (6) If within the 48-hour period it is decided that no application of the kind mentioned in subsection (3)(a) or (b) is to be made, an enforcement officer must, as soon as possible, notify the bank or building society with which the frozen account is maintained of that decision. (7) If the bank or building society is notified in accordance with subsection (6) before the expiry of the 48-hour period, the relevant account freezing order ceases to have effect on the bank or building society being so notified. (8) In relation to an account forfeiture notice— (a) “the frozen account” is the account in which the money to which the account forfeiture notice relates is held; (b) “the relevant account freezing order” is the account freezing order made in relation to the frozen account. (9) In calculating a period of 48 hours for the purposes of this section no account is to be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, or (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the account freezing order was made. (303Z12) (1) A person aggrieved by the forfeiture of money in pursuance of section 303Z9(6)(a) may apply to a magistrates' court for an order setting aside the forfeiture of the money or any part of it. (2) The application must be made before the end of the period of 30 days starting with the day on which the period for objecting ended (“the 30-day period”). (3) But the court may give permission for an application to be made after the 30-day period has ended if it thinks that there are exceptional circumstances to explain why the applicant— (a) failed to object to the forfeiture within the period for objecting, and (b) failed to make an application within the 30-day period. (4) On an application under this section the court must consider whether the money to which the application relates could be forfeited under section 303Z14 (ignoring the forfeiture mentioned in subsection (1)). (5) If the court is satisfied that the money to which the application relates or any part of it could not be forfeited under that section it must set aside the forfeiture of that money or part. (6) Where the court sets aside the forfeiture of any money— (a) it must order the release of that money, and (b) the money is to be treated as never having been forfeited. (7) Where money is released by virtue of subsection (6)(a), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z9(6)(b). (303Z13) (1) Money forfeited in pursuance of section 303Z9(6)(a), and any interest accrued on it whilst in the account referred to in section 303Z9(6)(b), is to be paid into the Consolidated Fund. (2) But it is not to be paid in— (a) before the end of the period within which an application under section 303Z12 may be made (ignoring the possibility of an application by virtue of section 303Z12(3)), or (b) if an application is made within that period, before the application is determined or otherwise disposed of. (303Z14) (1) This section applies while an account freezing order has effect. In this section the account to which the account freezing order applies is “the frozen account”. (2) An application for the forfeiture of money held in the frozen account (whether all or part of the credit balance of the account) may be made— (a) to a magistrates' court by a person specified in subsection (3), or (b) to the sheriff by the Scottish Ministers. (3) The persons referred to in subsection (2)(a) are— (a) the Commissioners for Her Majesty's Revenue and Customs, (b) a constable, (c) an SFO officer, or (d) an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State under section 453. (4) The court or sheriff may order the forfeiture of the money or any part of it if satisfied that the money or part— (a) is recoverable property, or (b) is intended by any person for use in unlawful conduct. (5) But in the case of recoverable property which belongs to joint tenants, one of whom is an excepted joint owner, an order by a magistrates' court may not apply to so much of it as the court thinks is attributable to the excepted joint owner's share. (6) Where an application is made under subsection (2), the account freezing order is to continue to have effect until the time referred to in subsection (7)(b) or (8). But subsections (7)(b) and (8) are subject to section 303Z15. (7) Where money held in a frozen account is ordered to be forfeited under subsection (4)— (a) the bank or building society with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and (b) immediately after the transfer has been made the account freezing order made in relation to the frozen account ceases to have effect. (8) Where, other than by the making of an order under subsection (4), an application under subsection (2) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal. (303Z15) (1) This section applies where, on an application under subsection (2) of section 303Z14 in relation to an account to which an account freezing order applies, the court or sheriff decides— (a) to make an order under subsection (4) of that section in relation to part only of the money to which the application related, or (b) not to make an order under subsection (4) of that section. (2) The person who made the application under section 303Z14(2) may apply without notice to the court or sheriff that made the decision referred to in subsection (1)(a) or (b) for an order that the account freezing order is to continue to have effect. (3) Where the court or sheriff makes an order under subsection (2) the account freezing order is to continue to have effect until— (a) the end of the period of 48 hours starting with the making of the order under subsection (2), or (b) if within that period of 48 hours an appeal is brought under section 303Z16 against the decision referred to in subsection (1)(a) or (b), the time when the appeal is determined or otherwise disposed of. (4) Subsection (9) of section 303Z11 applies for the purposes of subsection (3) as it applies for the purposes of that section. (303Z16) (1) Any party to proceedings for an order for the forfeiture of money under section 303Z14 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal— (a) from an order or decision of a magistrates' court in England and Wales, to the Crown Court; (b) from an order or decision of the sheriff, to the Sheriff Appeal Court; (c) from an order or decision of a magistrates' court in Northern Ireland, to a county court. (2) An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. (3) The court hearing the appeal may make any order it thinks appropriate. (4) If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money. (5) Where money is released by virtue of subsection (4), there must be added to the money on its release any interest accrued on it whilst in the account referred to in section 303Z14(7)(a). (303Z17) (1) Money forfeited by an order under section 303Z14, and any interest accrued on it whilst in the account referred to in subsection (7)(a) of that section— (a) if forfeited by a magistrates' court, is to be paid into the Consolidated Fund, and (b) if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund. (2) But it is not to be paid in— (a) before the end of the period within which an appeal under section 303Z16 may be made, or (b) if a person appeals under that section, before the appeal is determined or otherwise disposed of. (303Z18) (1) This section applies if— (a) an account freezing order is made, and (b) none of the money held in the account to which the order applies is forfeited in pursuance of an account forfeiture notice or by an order under section 303Z14. (2) Where this section applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation. (3) If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant. (4) The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances. (5) If the account freezing order was applied for by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs. (6) If the account freezing order was applied for by a constable, the compensation is to be paid as follows— (a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met; (b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority; (c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland. (7) If the account freezing order was applied for by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office. (8) If the account freezing order was applied for by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency. (9) If the account freezing order was applied for by an accredited financial investigator who was not an officer of Revenue and Customs, a constable, an SFO officer or a National Crime Agency officer, the compensation is to be paid as follows— (a) in the case of an investigator who was— (i) a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or (ii) a member of staff of the City of London police force, it is to be paid out of the police fund from which the expenses of the police force are met, (b) in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland, (c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department, (d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department, (e) in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, and (f) in any other case, it is to be paid by the employer of the investigator. (10) The Secretary of State may by regulations amend subsection (9). (11) The power in subsection (10) is exercisable by the Department of Justice (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998.) (303Z19) (1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable or an accredited financial investigator in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable or (as the case may be) an accredited financial investigator to do so, and (b) considers it appropriate to do so. (2) The Director of Public Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section. (4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.

CHAPTER 4 — Enforcement powers and related offences

Extension of powers

Serious Fraud Office

17

Schedule 1 contains amendments conferring certain powers under the Proceeds of Crime Act 2002 on members of staff of the Serious Fraud Office.

Her Majesty’s Revenue and Customs: removal of restrictions

18

• (1) The following provisions, which impose restrictions on the exercise of certain powers conferred on officers of Revenue and Customs, are amended as follows.

• (2) In section 23A of the Criminal Law (Consolidation) (Scotland) Act 1995 (investigation of offences by Her Majesty's Revenue and Customs), omit the following—

• (a) in subsection (2), the words “Subject to subsection (3) below,” and the words from “other than” to the end of the subsection;

• (b) subsection (3).

• (3) In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation), omit the following—

• (a) in subsection (1), in paragraph (ba) of the definition of “officer of law”, the words “subject to subsection (1A) below,”;

• (b) subsection (1A).

• (4) In the Proceeds of Crime Act 2002 omit the following—

• (a) in section 289 (searches), subsections (5)(ba) and (5A);

• (b) in section 294 (seizure of cash), subsections (2A), (2B) and (2C);

• (c) section 375C (restriction on exercise of certain powers conferred on officers of Revenue and Customs);

• (d) section 408C (restriction on exercise of certain powers conferred on officers of Revenue and Customs).

• (5) In the Finance Act 2007, in section 84 (sections 82 and 83: supplementary), omit subsection (3).

Her Majesty’s Revenue and Customs: new powers

19

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—

• (a) in paragraph (a), before “the National Crime Agency,” insert “ Her Majesty's Revenue and Customs, ”;

• (b) in paragraph (c), before “the National Crime Agency,” insert “ Her Majesty's Revenue and Customs, ”.

• (3) In section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8), for subsection (3) substitute—

(3) In relation to a civil recovery investigation these are appropriate officers— (a) a National Crime Agency officer; (b) the relevant Director; (c) an officer of Revenue and Customs. (3ZA) In relation to a civil recovery investigation these are senior appropriate officers— (a) a senior National Crime Agency officer; (b) the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.

Financial Conduct Authority

20

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—

• (a) in paragraph (a), after “means” insert “ the Financial Conduct Authority, ”;

• (b) in paragraph (c), after “means” insert “ the Financial Conduct Authority, ”.

• (3) Section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8) is amended in accordance with subsections (4) to (6).

• (4) In subsection (3) (as substituted by section 19 above), after paragraph (c) insert—

(d) a Financial Conduct Authority officer.

• (5) In subsection (3ZA) (as inserted by that section), after paragraph (b) insert—

(c) a senior Financial Conduct Authority officer.

• (6) After subsection (8) insert—

(9) For the purposes of this Part— (a) “Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority; (b) “senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.

Immigration officers

21

• (1) Section 24 of the UK Borders Act 2007 (seizure of cash) is amended as follows.

• (2) For the heading substitute “ Exercise of civil recovery powers by immigration officers ”.

• (3) For subsection (1) substitute—

(1) Chapters 3 to 3B of Part 5 of the Proceeds of Crime Act 2002 (civil recovery) apply in relation to an immigration officer as they apply in relation to a constable.

• (4) In subsection (2)(a), for “section 289” substitute “ sections 289 and 303C and Chapter 3B ”.

• (5) In subsection (2)(c), for “and 297A” substitute “ , 297A and 303E and in Chapter 3B (see section 303Z2(4)) ”.

• (6) In subsection (2)(d), for “section 292” substitute “ sections 292 and 303G ”.

• (7) In subsection (2)(e), for “and 293A” substitute “ , 293A, 303H and 303I ”.

• (8) In subsection (2)(f), in the words before sub-paragraph (i), after “295(2)” insert “ or 303L(1) ”.

• (9) In subsection (2)(f)(ii), after “298” insert “ or (as the case may be) 303O ”.

• (10) In subsection (2)(g), after “298” insert “ , 303O or 303Z14 ”.

• (11) In subsection (2)(h), after “302” insert “ , 303W or 303Z18 ”.

Assault and obstruction offences

Search and seizure warrants: assault and obstruction offences

22

After section 356 of the Proceeds of Crime Act 2002 (and before the italic heading before section 357) insert—

(356A) (1) A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352. (2) A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352. (3) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both. (4) A person guilty of an offence under subsection (2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both. (5) An appropriate person is— (a) a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation; (b) a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation. (6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)— (a) the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months; (b) the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

Assault and obstruction offence in relation to SFO officers

23

After section 453A of the Proceeds of Crime Act 2002 insert—

(453B) (1) A person commits an offence if the person assaults an SFO officer who is acting in the exercise of a relevant power. (2) A person commits an offence if the person resists or wilfully obstructs an SFO officer who is acting in the exercise of a relevant power. (3) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both. (4) A person guilty of an offence under subsection (2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both. (5) In this section “relevant power” means a power exercisable under any of the following— (a) sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property); (b) section 289 (powers to search for cash); (c) section 294 (power to seize cash); (d) section 295(1) (power to detain seized cash); (e) section 303C (powers to search for a listed asset); (f) section 303J (powers to seize property); (g) section 303K (powers to detain seized property); (h) a search and seizure warrant issued under section 352. (6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)— (a) the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months; (b) the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.

External requests, orders and investigations

24

• (1) Part 11 of the Proceeds of Crime Act 2002 (co-operation) is amended as follows.

• (2) In section 444 (external requests and orders), in subsection (3), after paragraph (a) insert—

(aa) provision creating offences in relation to external requests and orders which are equivalent to the offences created by section 453B;

.

• (3) In section 445 (external investigations), in subsection (1)(b), after “Part 8” insert “ and section 453B ”.

Obstruction offence in relation to immigration officers

25

After section 453B of the Proceeds of Crime Act 2002 (inserted by section 23 above) insert—

(453C) (1) A person commits an offence if the person resists or wilfully obstructs an immigration officer who is acting in the exercise of a relevant power. (2) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 3 on the standard scale, or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 3 on the standard scale, or to both; (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, to a fine not exceeding level 3 on the standard scale, or to both. (3) In this section “relevant power” means a power exercisable under— (a) sections 47C to 47F, 127C to 127F or 195C to 195F (powers to seize and search for realisable property); (b) section 289 as applied by section 24 of the UK Borders Act 2007 (powers to search for cash); (c) section 294 as so applied (powers to seize cash); (d) section 295(1) as so applied (power to detain seized cash); (e) section 303C as so applied (powers to search for a listed asset); (f) section 303J as so applied (powers to seize property); (g) section 303K as so applied (powers to detain seized property); (h) a search and seizure warrant issued under section 352; or (i) a search and seizure warrant issued under section 387. (4) The power conferred by subsection (5) of section 28A of the Immigration Act 1971 (arrest without warrant) applies in relation to an offence under this section as it applies in relation to an offence under section 26(1)(g) of that Act (and subsections (6) to (9), (10) and (11) of section 28A of that Act apply accordingly). (5) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 1 month.

CHAPTER 5 — Miscellaneous

Seized money: England and Wales and Northern Ireland

Seized money: England and Wales

26

• (1) Section 67 of the Proceeds of Crime Act 2002 (seized money) is amended as follows.

• (2) In subsection (2), for paragraphs (a) and (b) substitute—

(a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and (b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.

• (3) After subsection (2) insert—

(2A) But this section applies to money only so far as the money is free property.

• (4) Omit subsection (3).

• (5) In subsection (5), for “bank or building society” substitute “ appropriate person ”.

• (6) In subsection (5A), at the beginning insert “ Where this section applies to money which is held in an account maintained with a bank or building society, ”.

• (7) In subsection (7A), after “applies” insert “ by virtue of subsection (1) ”.

• (8) For subsection (8) substitute—

(8) In this section— - “appropriate person” means— 1. in a case where the money is held in an account maintained with a bank or building society, the bank or building society; 2. in any other case, the person on whose authority the money is detained; - “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; - “building society” has the same meaning as in the Building Societies Act 1986; - “relevant seizure power” means a power to seize money conferred by or by virtue of— 1. a warrant granted under any enactment or rule of law, or 2. any enactment, or rule of law, under which the authority of a warrant is not required.

• (9) After subsection (8) insert—

(9) In the definition of “bank” in subsection (8), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits. (10) A reference in subsection (9) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Seized money: Northern Ireland

27

• (1) Section 215 of the Proceeds of Crime Act 2002 (seized money) is amended as follows.

• (2) In subsection (2), for paragraphs (a) and (b) substitute—

(a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and (b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.

• (3) After subsection (2) insert—

(2A) But this section applies to money only so far as the money is free property.

• (4) Omit subsection (3).

• (5) In subsection (5) (as it has effect before and after its amendment by section 36 of the Serious Crime Act 2015), for “bank or building society” substitute “ appropriate person ”.

• (6) In subsection (5A), at the beginning insert “ Where this section applies to money which is held in an account maintained with a bank or building society, ”.

• (7) In subsection (7A), after “applies” insert “ by virtue of subsection (1) ”.

• (8) For subsection (8) substitute—

(8) In this section— - “appropriate chief clerk” has the same meaning as in section 202(7); - “appropriate person” means— 1. in a case where the money is held in an account maintained with a bank or building society, the bank or building society; 2. in any other case, the person on whose authority the money is detained; - “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; - “building society” has the same meaning as in the Building Societies Act 1986; - “relevant seizure power” means a power to seize money conferred by or by virtue of— 1. a warrant granted under any enactment or rule of law, or 2. any enactment, or rule of law, under which the authority of a warrant is not required.

• (9) After subsection (8) insert—

(9) In the definition of “bank” in subsection (8), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) A reference in subsection (9) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Miscellaneous provisions relating to Scotland

Seized money

28

After section 131 of the Proceeds of Crime Act 2002 insert—

(131ZA) (1) This section applies to money which— (a) is held by a person, and (b) is held in an account maintained by the person with a bank or building society. (2) This section also applies to money which is held by a person and which— (a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and (b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341. (3) But this section applies to money only so far as the money is free property. (4) Subsection (5) applies if— (a) a confiscation order is made against a person holding money to which this section applies, and (b) an administrator has not been appointed under section 128 in relation to the money. (5) The relevant court may order the appropriate person to pay, within such period as the court may specify, the money or a portion of it specified by the court to the appropriate clerk of court on account of the amount payable under the confiscation order. (6) An order under subsection (5) may be made— (a) on the application of the prosecutor, or (b) by the relevant court of its own accord. (7) The Scottish Ministers may by regulations amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a bank or building society but also to— (a) money held in an account maintained with a financial institution of a specified kind, or (b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind. (8) Regulations under subsection (7) may amend this section so that it makes provision about realising an instrument or product within subsection (7)(b) or otherwise obtaining money from it. (9) In this section— - “appropriate clerk of court”, in relation to a confiscation order, means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); - “appropriate person” means— 1. in a case where the money is held in an account maintained with a bank or building society, the bank or building society; 2. in any other case, the person on whose authority the money is detained; - “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; - “building society” has the same meaning as in the Building Societies Act 1986; - “relevant court”, in relation to a confiscation order, means— 1. the court which makes the confiscation order, or 2. the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); - “relevant seizure power” means a power to seize money conferred by or by virtue of— 1. a warrant granted under any enactment or rule of law, or 2. any enactment, or rule of law, under which the authority of a warrant is not required. (10) In the definition of “bank” in subsection (9), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits. (11) A reference in subsection (10) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Recovery orders relating to heritable property

29

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) After section 245 insert—

(245ZA) (1) This section applies if, in proceedings under this Chapter for a recovery order, the enforcement authority applies under section 266(8ZA) for decree of removing and warrant for ejection in relation to heritable property which consists of or includes a dwellinghouse. (2) The enforcement authority must give notice of the application to the local authority in whose area the dwellinghouse is situated. (3) Notice under subsection (2) must be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003. (4) In this section— - “dwellinghouse” has the meaning given by section 11(8) of the Homelessness etc. (Scotland) Act 2003; - “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to a local authority, means the local government area for which the authority is constituted.

• (3) In section 266 (recovery orders), after subsection (8) insert—

(8ZA) If the recoverable property in respect of which the Court of Session makes a recovery order includes heritable property, the Court of Session must, on the application of the enforcement authority, also grant decree of removing and warrant for ejection, enforceable by the trustee for civil recovery, in relation to any persons occupying the heritable property.

• (4) In section 267(3) (functions of trustee for civil recovery), after paragraph (b) insert—

(ba) if decree of removing and warrant for ejection is granted by the Court of Session under section 266(8ZA), to enforce the decree and warrant,

.

• (5) After section 269 insert—

(269A) (1) This section applies where, in making a recovery order, the Court of Session also grants decree of removing and warrant for ejection under section 266(8ZA) in relation to any persons occupying the heritable property. (2) Any lease under which a person has the right to occupy the heritable property (or part of it) for residential or commercial purposes is terminated on the granting of decree of removing and warrant for ejection. (3) Any other right to occupy the heritable property (or part of it) which subsists immediately before the granting of decree of removing and warrant for ejection is extinguished on the granting of the decree and warrant. (4) Subsection (3) does not apply in relation to a right under a lease to occupy or use the property other than those mentioned in subsection (2). (5) Where the heritable property is vested in the trustee for civil recovery under the recovery order, the following enactments do not apply in relation to the heritable property— (a) sections 34 to 38A of the Sheriff Courts (Scotland) Act 1907 (removings, notice of termination of tenancy and notice of removal); (b) the Tenancy of Shops (Scotland) Act 1949; (c) the Matrimonial Homes (Family Protection) (Scotland) Act 1981; (d) Parts 2 and 3 of the Rent (Scotland) Act 1984 (security of tenure and protection against harassment and unlawful eviction); (e) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (termination of certain leases); (f) Part 2 of the Housing (Scotland) Act 1988 (rented accommodation: security of tenure etc.); (g) Chapter 3 of Part 3 of the Civil Partnership Act 2004 (occupancy rights and tenancies); (h) Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016 (security of tenure, termination of tenancy and eviction).

Money received by administrators

30

• (1) Paragraph 6 of Schedule 3 to the Proceeds of Crime Act 2002 (money received by administrator) is amended as follows.

• (2) In sub-paragraph (1) for “an appropriate bank or institution” substitute “ a bank or building society ”.

• (3) For sub-paragraph (3) substitute—

(3) In sub-paragraph (1)— (a) “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; (b) “building society” has the same meaning as in the Building Societies Act 1986. (4) In sub-paragraph (3)(a) “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits. (5) A reference in sub-paragraph (4) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Other miscellaneous provisions

Accredited financial investigators

31

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In section 47G (appropriate approval for exercise of search and seizure powers in England and Wales), in subsection (3), after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited financial investigator who is— (i) a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or (ii) a member of staff of the City of London police force, a senior police officer,

.

• (3) In section 195G (appropriate approval for exercise of search and seizure powers in Northern Ireland), in subsection (3), after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited financial investigator who is a member of staff of the Police Service of Northern Ireland, a senior police officer,

.

• (4) In section 290 (prior approval for exercise of search powers in relation to cash), in subsection (4), after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited financial investigator who is— (i) a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, (ii) a member of staff of the City of London police force, or (iii) a member of staff of the Police Service of Northern Ireland, a senior police officer,

.

Reconsideration of discharged orders

32

• (1) The Proceeds of Crime Act 2002 is amended as follows.

• (2) In section 24 (inadequacy of available amount: discharge of order made under Part 2), after subsection (5) insert—

(6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c). (7) Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.

• (3) In section 25 (small amount outstanding: discharge of order made under Part 2), after subsection (3) insert—

(4) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 21(1)(d) or 22(1)(c). (5) Where on such an application the court determines that the order should be varied under section 21(7) or (as the case may be) 22(4), the court may provide that its discharge under this section is revoked.

• (4) In section 109 (inadequacy of available amount: discharge of order made under Part 3), after subsection (5) insert—

(6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 106(1)(d) or 107(1)(c). (7) Where on such an application the court determines that the order should be varied under section 106(6) or (as the case may be) 107(3), the court may provide that its discharge under this section is revoked.

• (5) In section 174 (inadequacy of available amount: discharge of order made under Part 4), after subsection (5) insert—

(6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c). (7) Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.

• (6) In section 175 (small amount outstanding: discharge of order made under Part 4), after subsection (3) insert—

(4) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 171(1)(d) or 172(1)(c). (5) Where on such an application the court determines that the order should be varied under section 171(7) or (as the case may be) 172(4), the court may provide that its discharge under this section is revoked.

• (7) The amendments made by this section apply in relation to a confiscation order whether made before or after the day on which this section comes into force but do so only where the discharge of the order occurs after that day.

Confiscation investigations: determination of the available amount

33

In section 341(1) of the Proceeds of Crime Act 2002 (confiscation investigations), at the beginning of paragraph (c) insert “ the available amount in respect of the person or ”.

Confiscation orders and civil recovery: minor amendments

34

• (1) The Proceeds of Crime Act 2002 is amended in accordance with subsections (2) to (10).

• (2) In section 82 (free property: England and Wales)—

• (a) in subsection (2), after paragraph (e) insert—

(ea) paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

;

• (b) in subsection (3)(b) for “or 297D” substitute “ , 297D or 298(4) ”;

• (c) after subsection (3)(c) (as inserted by paragraph 22 of Schedule 5) insert—

(d) it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule; (e) it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule; (f) it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.

• (3) In section 148 (free property: Scotland)—

• (a) in subsection (2)—

• (i) omit “or” at the end of paragraph (e);

• (ii) after that paragraph insert—

(ea) paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, or

;

• (b) in subsection (3)(b) for “or 297D” substitute “ , 297D or 298(4) ”;

• (c) after subsection (3)(c) (as inserted by paragraph 24 of Schedule 5) insert—

(d) it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule; (e) it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule; (f) it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.

• (4) In section 230 (free property: Northern Ireland)—

• (a) in subsection (2), after paragraph (e) insert—

(ea) paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) or 10Z2(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

;

• (b) in subsection (3)(b) for “or 297D” substitute “ , 297D or 298(4) ”;

• (c) after subsection (3)(c) (as inserted by paragraph 27 of Schedule 5) insert—

(d) it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule; (e) it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule; (f) it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.

• (5) In section 245D (restriction on proceedings and remedies), in subsection (1)(b) after “levied” insert “ , and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, ”.

• (6) In section 290 (prior approval to exercise of section 289 search powers), in subsection (4), after paragraph (aa) (inserted by Schedule 1 to this Act) insert—

(ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

.

• (7) In section 297A (forfeiture notice), in subsection (6), after paragraph (ba) (inserted by Schedule 1 to this Act, but before the “or” at the end of that paragraph) insert—

(bb) the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

.

• (8) In section 302 (compensation), after subsection (7ZA) (inserted by Schedule 1 to this Act) insert—

(7ZB) If the cash was seized by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.

• (9) In that section, in subsection (7A)(a)(i), for “that Part of that Act” substitute “ Part 1 of the Police Reform and Social Responsibility Act 2011 ”.

• (10) In section 306 (mixing property), in subsection (3) after paragraph (c) insert—

(ca) for the discharge (in whole or in part) of a mortgage, charge or other security,

.

• (11) In section 8 of the Serious Crime Act 2015 (variation or discharge of confiscation orders), in subsection (3) before paragraph (a) insert—

(za) a confiscation order made under the Drug Trafficking Offences Act 1986,

.

PART 2 — Terrorist property

Disclosures of information

Disclosure orders

35

Schedule 2 contains amendments to the Terrorism Act 2000 which enable the making of disclosure orders in connection with investigations into terrorist financing offences.

Sharing of information within the regulated sector

36

After section 21C of the Terrorism Act 2000 insert—