The Proceeds of Crime Act 2002 (External Investigations) Order 2013

• (a) a person specified in the application or property specified in the application is subject to an external investigation,

• (b) the order is sought for the purposes of the investigation, and

• (c) the condition in article 37(2) is met in respect of the person or property.

• (3) A disclosure order is an order authorising the Scottish Ministers to give to any person the Scottish Ministers consider has relevant information notice in writing requiring them to do, with respect to any matter relevant to the external investigation, any or all of the following—

• (a) answer questions, either at a time specified in the notice or at once, at a place so specified,

• (b) provide information specified in the notice, by a time and in a manner so specified,

• (c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

• (4) Relevant information is information (whether or not contained in a document) which the Scottish Ministers consider to be relevant to the external investigation.

• (5) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to them.

Requirements for making of disclosure order

51

• (1) These are the requirements for the making of a disclosure order.

• (2) There must be reasonable grounds for suspecting that—

• (a) the person specified in the application for the order holds property obtained as a result of or in connection with criminal conduct;

• (b) that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or

• (c) the property specified in the application for the order is property obtained as a result of or in connection with criminal conduct.

• (3) There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the external investigation.

• (4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the external investigation if the information is obtained.

Offences

52

• (1) A person commits an offence if without reasonable excuse they fail to comply with a requirement imposed on them under a disclosure order.

• (2) A person guilty of an offence under paragraph (1) is liable on summary conviction to—

• (a) imprisonment for a term not exceeding six months,

• (b) a fine not exceeding level 5 on the standard scale, or

• (c) both.

• (3) A person commits an offence if, in purported compliance with a requirement imposed on them under a disclosure order, they—

• (a) make a statement which they know to be false or misleading in a material particular, or

• (b) recklessly make a statement which is false or misleading in a material particular.

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

• (a) on summary conviction, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum or to both, or

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

Statements

53

• (1) A statement made by a person in response to a requirement imposed on them under a disclosure order may not be used in evidence against them in criminal proceedings.

• (2) But paragraph (1) does not apply—

• (a) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002[^f00024],

• (b) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005[^f00025],

• (c) on a prosecution for an offence under article 52(1) or (3) of this Order,

• (d) on a prosecution for an offence under section 393(1) or (3) of the Proceeds of Crime Act 2002,

• (e) on a prosecution for perjury, or

• (f) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in paragraph (1).

• (3) A statement may not be used by virtue of paragraph (2)(f) against a person unless—

• (a) evidence relating to it is adduced, or

• (b) a question relating to it is asked,

by them or on their behalf in the proceedings arising out of the prosecution.

Further provisions

54

• (1) A disclosure order does not confer the right to require a person to answer any question, provide any information or produce any document which they would be entitled to refuse to answer, provide or produce on grounds of legal privilege.

• (2) A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).

• (3) The Scottish Ministers may take copies of any documents produced in compliance with a requirement to produce them which is imposed under a disclosure order.

• (4) Documents so produced may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the external investigation.

• (5) But if the Scottish Ministers have reasonable grounds for believing that—

• (a) the documents may need to be produced for the purposes of any legal proceedings, and

• (b) they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

• (6) Material produced in compliance with a disclosure order must be sent to the Secretary of State for forwarding to the overseas authority that made the request for assistance.

Supplementary

55

• (1) An application for a disclosure order may be made ex parte to a judge of the Court of Session in chambers.

• (2) An application to discharge or vary a disclosure order may be made to the Court of Session by—

• (a) the Scottish Ministers,

• (b) any person affected by the order.

• (3) The court may—

• (a) discharge the order,

• (b) vary the order.

Customer information orders

56

• (1) The sheriff may, on an application made to the sheriff by the Scottish Ministers, make a customer information order if the sheriff is satisfied that each of the requirements for the making of the order is fulfilled.

• (2) In making a customer information order the sheriff shall act in the sheriff’s civil jurisdiction.

• (3) The application for a customer information order must state that—

• (a) a person specified in the application is subject to an external investigation; and

• (b) the condition in article 37(2) is met in respect of the person.

• (4) The application must also state that the order is sought—

• (a) for the purposes of the external investigation,

• (b) against the financial institution or financial institutions specified in the application.

• (5) An application for a customer information order may specify—

• (a) all financial institutions,

• (b) a particular description, or particular descriptions, of financial institutions, or

• (c) a particular financial institution or particular financial institutions.

• (6) A customer information order is an order that a financial institution covered by the application for the order must, on being required to do so by notice in writing given by the Scottish Ministers, provide any such customer information as it has relating to the person specified in the application.

• (7) A financial institution which is required to provide information under a customer information order must provide the information to a proper person in such manner, and at or by such time, as that person requires.

• (8) If a financial institution on which a requirement is imposed by a notice given under a customer information order requires the production of evidence of authority to give the notice, it is not bound to comply with the requirement unless evidence of the authority has been produced to it.

Meaning of customer information

57

• (1) “Customer information”, in relation to a person and a financial institution, is information whether the person holds, or has held, an account or accounts or any safe deposit box at the financial institution (whether solely or jointly with another) and (if so) information as to—

• (a) the matters specified in paragraph (2) if the person is an individual,

• (b) the matters specified in paragraph (3) if the person is a company or limited liability partnership or a similar body incorporated or otherwise established outside the United Kingdom.

• (2) The matters referred to in paragraph (1)(a) are—

• (a) the account number or numbers or the number of any safe deposit box,

• (b) the person’s full name,

• (c) their date of birth,

• (d) their most recent address and any previous addresses,

• (e) in the case of an account or accounts, the date or dates on which they began to hold the account or accounts and, if they have ceased to hold the account or any of the accounts, the date or dates on which they did so,

• (ea) in the case of any safe deposit box, the date on which the box was made available to them and if the box has ceased to be available to them the date on which it so ceased,

• (f) such evidence of identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering,

• (g) the full name, date of birth and most recent address, and any previous addresses, of any person who holds, or has held, an account at the financial institution jointly with them,

• (h) the account number or numbers of any other account or accounts held at the financial institution to which they are a signatory and details of the person holding the other account or accounts.

• (3) The matters referred to in paragraph (1)(b) are—

• (a) the account number or numbers or the number of any safe deposit box,

• (b) the person’s full name,

• (c) a description of any business which the person carries on,

• (d) the country or territory in which it is incorporated or otherwise established and any number allocated to it under the Companies Act 2006[^f00026] or corresponding legislation of any country or territory outside the United Kingdom,

• (e) any number assigned to it for the purposes of value added tax in the United Kingdom,

• (f) its registered office, and any previous registered offices, under the Companies Act 2006 (or corresponding earlier legislation) or anything similar under corresponding legislation of any country or territory outside the United Kingdom,

• (g) its registered office, and any previous registered offices, under the Limited Liability Partnerships Act 2000[^f00027] or anything similar under corresponding legislation of any country or territory outside Great Britain,

• (h) in the case of an account or accounts, the date or dates on which it began to hold the account or accounts and, if it has ceased to hold the account or any of the accounts, the date or dates on which it did so,

• (ha) in the case of any safe deposit box, the date on which the box was made available to it and if the box has ceased to be available to it the date on which it so ceased,

• (i) such evidence of identity as was obtained by the financial institution under or for the purposes of any legislation relating to money laundering,

• (j) the full name, date of birth and most recent address and any previous addresses of any person who is a signatory to the account or any of the accounts.

• (4) Money laundering is an act which—

• (a) constitutes an offence under section 327, 328 or 329 of the Proceeds of Crime Act 2002[^f00028] or section 18 of the Terrorism Act 2000[^f00029],

• (b) constitutes an offence specified in section 415(1A) of the Proceeds of Crime Act 2002, or

• (c) would constitute an offence specified in paragraph (a) or (b) if done in the United Kingdom.

• (5) A “safe deposit box” includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.

Requirements for making of customer information order

58

• (1) These are the requirements for the making of a customer information order.

• (2) There must be reasonable grounds for suspecting that—

• (a) the person specified in the application for the order holds property obtained as a result of or in connection with criminal conduct; or

• (b) that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct.

• (3) There must be reasonable grounds for believing that customer information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the external investigation.

• (4) There must be reasonable grounds for believing that it is in the public interest for the customer information to be provided, having regard to the benefit likely to accrue to the external investigation if the information is obtained.

Offences

59

• (1) A financial institution commits an offence if without reasonable excuse it fails to comply with a requirement imposed on it under a customer information order.

• (2) A financial institution guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) A financial institution commits an offence if, in purported compliance with a customer information order, it—

• (a) makes a statement which it knows to be false or misleading in a material particular, or

• (b) recklessly makes a statement which is false or misleading in a material particular.

• (4) A financial institution guilty of an offence under paragraph (3) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum, or

• (b) on conviction on indictment, to a fine.

Statements

60

• (1) A statement made by a financial institution in response to a customer information order may not be used in evidence against it in criminal proceedings.

• (2) But paragraph (1) does not apply—

• (a) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002,

• (b) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005[^f00030],

• (c) on a prosecution for an offence under article 59(1) or (3) of this Order,

• (d) on a prosecution for an offence under section 400(1) or (3) of the Proceeds of Crime Act 2002, or

• (e) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in paragraph (1).

• (3) A statement may not be used by virtue of paragraph (2)(e) against a financial institution unless—

• (a) evidence relating to it is adduced, or

• (b) a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

Further Provisions

61

A customer information order has effect in spite of any restriction on the disclosure of information (however imposed).

Supplementary

62

• (1) An application for a customer information order may be made ex parte to a sheriff in chambers.

• (2) An application to discharge or vary a customer information order may be made to the sheriff by—

• (a) the Scottish Ministers,

• (b) any person affected by the order.

• (3) The sheriff may—

• (a) discharge the order,

• (b) vary the order.

Account monitoring orders

63

• (1) The sheriff may, on an application made to the sheriff by the Scottish Ministers, make an account monitoring order if the sheriff is satisfied that each of the requirements for the making of the order is fulfilled.

• (2) In making an account monitoring order the sheriff shall act in exercise of the sheriff’s civil jurisdiction.

• (3) The application for an account monitoring order must state that—

• (a) a person specified in the application is subject to an external investigation; and

• (b) the condition in article 37(2) is met in respect of the person.

• (4) The application must also state that the order is sought—

• (a) for the purposes of the external investigation,

• (b) against the financial institution specified in the application in relation to account information of the description so specified.

• (5) Account information is information relating to an account or accounts held at the financial institution specified in the application by the person so specified (whether solely or jointly with another).

• (6) The application for an account monitoring order may specify information relating to—

• (a) all accounts held by the person specified in the application for the order at the financial institution so specified,

• (b) a particular description, or particular descriptions, of accounts so held, or

• (c) a particular account, or particular accounts, so held.

• (7) An account monitoring order is an order that the financial institution specified in the application for the order must, for the period stated in the order, provide account information of the description specified in the order to the proper person in the manner, and at or by the time or times, stated in the order.

• (8) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Requirements for making an account monitoring order

64

• (1) These are the requirements for the making of an account monitoring order.

• (2) There must be reasonable grounds for suspecting that the person specified in the application for the order holds property obtained as a result of or in connection with criminal conduct.

• (3) There must be reasonable grounds for believing that account information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the external investigation.

• (4) There must be reasonable grounds for believing that it is in the public interest for the account information to be provided, having regard to the benefit likely to accrue to the external investigation if the information is obtained.

Statements

65

• (1) A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

• (2) But paragraph (1) does not apply—

• (a) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002,

• (b) in the case of proceedings under Part 3 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005[^f00031],

• (c) in the case of proceedings for contempt of court, or

• (d) on prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in paragraph (1).

• (3) A statement may not be used by virtue of paragraph (2)(d) against a financial institution unless—

• (a) evidence relating to it is adduced, or

• (b) a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

Further provisions

66

An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

Supplementary

67

• (1) An application for an account monitoring order may be made ex parte to a sheriff in chambers.

• (2) An application to discharge or vary an account monitoring order may be made to the sheriff by—

• (a) the Scottish Ministers,

• (b) any person affected by the order.

• (3) The sheriff may—

• (a) discharge the order,

• (b) vary the order.

Jurisdiction of sheriff

68

• (1) A sheriff may grant a production order, search warrant, customer information order or account monitoring order under this Part in relation to property situated in any area of Scotland notwithstanding that it is outside the area of that sheriff.

• (2) Any such order or warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it is executed within the sheriffdom of the sheriff who granted it.

• (3) This article is without prejudice to any existing rule of law.

Code of Practice

69

A code of practice in operation under section410 of the Proceeds of Crime Act2002 applies to functions exercisable under this Part as it applies to functions exercisable under Chapter 3 of Part 8 of that Act in relation to civil recovery investigations.

Performance of functions of Scottish Ministers by constables in Scotland

70

• (1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in paragraph (2), on behalf of Scottish Ministers.

• (2) The specified functions are the functions conferred on the Scottish Ministers by—

• (a) article 40(1) (production orders),

• (b) article 42(2) (entry orders),

• (c) article 46(2) (supplementary to production and entry orders),

• (d) article 47(1) (search warrants),

• (e) article 50(1) (disclosure orders),

• (f) article 55(2) (supplementary to disclosure orders),

• (g) article 56(1) (customer information orders),

• (h) article 62(2) (supplementary to customer information orders),

• (i) article 63(1) (account monitoring orders),

• (j) article 67(2) (supplementary to account monitoring orders).

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision to assist an external investigation, within the meaning of section 447(3) of the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”), by obtaining orders and warrants from the court. The provisions correspond (subject to specified modifications) to the civil recovery investigation provisions in Part 8 of the 2002 Act. Overseas requests to investigate that are criminal in nature will continue to be dealt with through the provisions in the Crime (International Co-operation) Act 2003 (c. 32). This Order extends to England and Wales, Scotland and Northern Ireland.

Articles 3 and 4 provide that the Secretary of State may refer a request in relation to an external investigation to the Director General of NCA or a relevant Director to provide assistance. The external investigation will concern property only where a criminal investigation in connection with the property has not begun, or a criminal investigation in connection with the property has begun but it is unlikely criminal proceedings will be brought, or criminal proceedings brought in connection with the property have been concluded without an order having been made in relation to the property.

Article 5 provides for offences of prejudicing an external investigation. This broadly corresponds to section 342 of the 2002 Act. The article makes it an offence to prejudice an external investigation by making a disclosure about it or by tampering with evidence relevant to the external investigation.

Articles 6 and 7 provide for production orders. These broadly correspond to sections 345 and 346 of the 2002 Act. An application for a production order may be made by an appropriate officer; article 2(1) provides the meaning for an appropriate officer.

Article 8 provides for an order to grant entry. This broadly corresponds to section 347 of the 2002 Act. This power might be used, for example, to enable an appropriate officer to be granted entry to a building in circumstances where a production order had been made in respect of material in a particular office in that building.

Article 11 extends the scope of a production order to cover material held by an authorised government department. This broadly corresponds to section 350 of the 2002 Act.

Article 12 provides that an application for a production order or an order to grant entry may be made without notice to the other party. This broadly corresponds to section 351 of the 2002 Act.

Article 13 provides for search and seizure warrants. This broadly corresponds to section 352 of the 2002 Act. As in articles 6 and 7 an application for a warrant may be made by an appropriate officer. A warrant may be issued if a production order has been made and not complied with and there are reasonable grounds for believing that the material specified in the warrant is on the premises, or the requirements of article 14 are met.

Article 14 refers to two sets of conditions for issuing a warrant in the absence of a production order. This broadly corresponds to section 353 of the 2002 Act. The first set of conditions might be satisfied, for example, where the person who owns the material is abroad and therefore it is not possible to communicate with that person. In such circumstances, it is clear that a production order in respect of that person would have no effect. The second set of conditions might be satisfied where it is impossible to describe the material for the purposes of a production order and access will not be gained without a warrant.

Article 15 sets out provisions regarding how and when a warrant issued by a High Court judge may be exercised. This broadly corresponds to sections 354 and 356 of the 2002 Act. A High Court judge may make the warrant subject to such conditions as the judge sees fit.

Article 16 provides for disclosure orders. This broadly corresponds to section 357 of the 2002 Act. Unlike the other orders covered by this Order, which have to be applied for separately on each occasion, once a disclosure order has been made there is a continuing power of investigation. A person may require that evidence of the authority to exercise disclosure powers is provided. Where this happens, it is envisaged that a copy of the disclosure order will be given to the person.

Article 17 provides for the requirements for the making of a disclosure order. This broadly corresponds to section 358 of the 2002 Act. Owing to the necessarily invasive nature of the disclosure order, it is not anticipated that disclosure orders will be sought unless other powers, such as production orders, have already been sought or would demonstrably not suffice to enable the required information to be obtained.

Article 18 provides for offences in relation to disclosure orders. This broadly corresponds to section 359 of the 2002 Act. As the disclosure order obliges a person to comply with certain requirements, sanctions to compel such compliance are required. There is a maximum penalty of six months imprisonment and/or a level 5 fine for non-compliance and two years imprisonment and/or an unlimited fine for knowingly or recklessly making a false or misleading statement.

Article 19 provides for statements in response to a disclosure order. This broadly corresponds to section 360 of the 2002 Act. The article prevents a statement obtained under compulsion from a person from being used to incriminate them in this jurisdiction (subject to exceptions).

Articles 20 and 21 set out further provisions regarding disclosure orders. These broadly correspond to sections 361 and 362 of the 2002 Act.

Article 22 provides for customer information orders. This broadly corresponds to section 363 of the 2002 Act. A customer information order requires all (or a targeted sample of) banks and other financial institutions to provide details of any accounts held by a person who appears to hold property that is subject to an external investigation. Article 28(6) requires in certain circumstances the prior authorisation of a senior appropriate officer before an appropriate officer can make an initial or variation application for a customer information order. An appropriate officer who is also a senior appropriate officer can apply for the order and variations themselves without requiring further and separate authorisation. As with disclosure orders, a person may require the person serving a notice given under the order to demonstrate that they have the authority they claim. Again, it is envisaged that a copy of the original customer information order will be provided.

Articles 23 and 24 set out the definition of “customer information” for individuals and for companies and partnerships and the requirements for the making of such an order. These broadly correspond to sections 364 and 365 of the 2002 Act.

Article 25 provides for offences in relation to customer information orders. This broadly corresponds to section 366 of the 2002 Act. As with the disclosure order, there are two offences connected with customer information orders. As the sanctions are directed at non-complaint institutions rather than an individual they are solely financial. The maximum penalties are a level 5 fine for non-compliance and an unlimited fine for knowingly or recklessly making a false or misleading statement.

Article 26 provides for statements in response to a customer information order. This broadly corresponds to section 367 of the 2002 Act. Like the disclosure order, a customer information order requires an institution to divulge information. This article sets out the standard conditions on the use of such information to prevent information obtained under compulsion from being used in this jurisdiction against the financial institution in criminal proceedings against it (subject to certain exceptions).

Articles 27 and 28 set out further provisions in relation to customer information orders. These broadly correspond to sections 368 and 369 of the 2002 Act.

Article 29 provides for account monitoring orders. This broadly corresponds to section 370 of the 2002 Act. An account monitoring order requires a financial institution to provide specified information in relation to an account (for example, details of all transactions passing through the account) during a specified period up to a maximum of 90 days. The information would normally be provided in the form of a bank statement.

Article 30 sets out the requirements for the making of an account monitoring order. This broadly corresponds to section 371 of the 2002 Act. It is anticipated that it will need to be shown that an account monitoring order lasting over a period of time (rather than a one-off production order) is necessary.

Article 31 provides for statements in response to an account monitoring order. This broadly corresponds to section 372 of the 2002 Act. As with the disclosure order and customer information order, an account monitoring order compels an institution to divulge information. Similar to the provisions for disclosure orders and customer information orders, this article sets out the standard conditions on the use of such information to prevent self-incriminatory information being used as evidence in criminal proceedings in this jurisdiction against the financial institution (subject to certain exceptions).

Articles 32 to 34 set out further provisions relating to account monitoring orders. These broadly correspond to sections 373 to 375 of the 2002 Act.

Articles 36 to 69 make equivalent provision for Scotland to that in articles 2 to 35 for England and Wales and Northern Ireland.

Article 70 sets out the functions that seconded constables in Scotland cannot exercise on behalf of Scottish Ministers. This corresponds to section 411 of the 2002 Act.

Footnotes

[^f00001]: 2002 c. 29; section 445(2)(b) was amended by paragraphs 47 and 71, of Schedule 14 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) and paragraphs 121 and 139 in Part 6 of Schedule 8, to the Serious Crime Act 2007 (c. 27).

[^f00002]: 1984 c. 60.

[^f00003]: S.I. 1989/1341 (N.I. 12).

[^f00004]: 2002 c. 29.

[^f00005]: S.I. 2005/3181.

[^f00006]: 1947 c. 44.

[^f00007]: 2002 c. 29.

[^f00008]: S.I. 2005/3181.

[^f00009]: 1911 c. 6.

[^f00010]: S.I. 1979/1714 (N.I. 19).

[^f00011]: 2006 c. 46.

[^f00012]: 2000 c. 12.

[^f00013]: 2002 c. 29.

[^f00014]: 2000 c. 11.

[^f00015]: S.I. 2005/3181.

[^f00016]: 2002 c. 29.

[^f00017]: S.I. 2005/3181.

[^f00020]: 2002 c. 29.

[^f00021]: 1971 c. 61.

[^f00022]: S.I. 2005/3181.

[^f00023]: 1947 c. 44.

[^f00024]: 2002 c. 29.

[^f00025]: S.I. 2005/3181.

[^f00026]: 2006 c. 46.

[^f00027]: 2000 c. 12.

[^f00028]: 2002 c. 29.

[^f00029]: 2000 c. 11.

[^f00030]: S.I. 2005/3181.

[^f00031]: S.I. 2005/3181.

Editorial notes

[^key-ac4f377b93d9fe912f77e164e48a0e10]: Art. 2 in force at 11.11.2013, see art. 1(1)

[^key-8eadbea1b461eb3552934a10f99a30da]: Art. 3 in force at 11.11.2013, see art. 1(1)

[^key-f54d33cd619e74d22a4035afbc970436]: Art. 6 in force at 11.11.2013, see art. 1(1)

[^key-f950b50329ddc4366134859099af7c76]: Art. 7 in force at 11.11.2013, see art. 1(1)

[^key-2b6e4ba42c8c28e0f997d7dcaaf3259f]: Art. 13 in force at 11.11.2013, see art. 1(1)

[^key-fb854aceecd7d4db434eb85eea0d1f88]: Art. 14 in force at 11.11.2013, see art. 1(1)

[^key-25640838dd4538c6fdc76c3582c70c77]: Art. 16 in force at 11.11.2013, see art. 1(1)

[^key-855be7e89effa5c731f43a99ab2d2a20]: Art. 17 in force at 11.11.2013, see art. 1(1)

[^key-24a868fb9c1b2ddf5b1e5b8846da0fc3]: Art. 22 in force at 11.11.2013, see art. 1(1)

[^key-e06114ac4f142dae061d97f1ee8d2e20]: Art. 24 in force at 11.11.2013, see art. 1(1)

[^key-51abed8f1ae9b48d4b226b6318d8bd4a]: Art. 29 in force at 11.11.2013, see art. 1(1)

[^key-5796cf5e19c5b85feb2083397dcbef2a]: Art. 30 in force at 11.11.2013, see art. 1(1)

[^key-73f1025a44aba6d5fbd177064a3860be]: Art. 37 in force at 11.11.2013, see art. 1(1)

[^key-371d7f79c74899f22a18dc008ccd51eb]: Art. 40 in force at 11.11.2013, see art. 1(1)

[^key-0b6001c01ee5742cba1dfab80ebf6926]: Art. 41 in force at 11.11.2013, see art. 1(1)

[^key-4c5a9bc7c2de99ff8177a7deb883fbbb]: Art. 47 in force at 11.11.2013, see art. 1(1)

[^key-94624fab07662644fbab238f7a2c1c6a]: Art. 48 in force at 11.11.2013, see art. 1(1)

[^key-b9c222f0d505ede520427020599fb998]: Art. 50 in force at 11.11.2013, see art. 1(1)

[^key-6256a848d40f64734b4d6c5edc2b23be]: Art. 51 in force at 11.11.2013, see art. 1(1)

[^key-9350acbe6e15807af1721db898e7c04f]: Art. 56 in force at 11.11.2013, see art. 1(1)

[^key-de09d272b55bdfb9fd900a3331d2e4d1]: Art. 58 in force at 11.11.2013, see art. 1(1)

[^key-0e3842f6be14db8ffdfd22f807d980c9]: Art. 63 in force at 11.11.2013, see art. 1(1)

[^key-34e9808531c60db437a528f354121dd9]: Art. 64 in force at 11.11.2013, see art. 1(1)

[^key-c14c33ae46c9f130c4c58ead4e7468b8]: Art. 4 in force at 11.11.2013, see art. 1(1)

[^key-9a2506fc8c810538416bfec5d216cb22]: Art. 1 in force at 11.11.2013, see art. 1(1)

[^key-6983cf449a7fb493c285dd7c35b71dac]: Art. 12 in force at 11.11.2013, see art. 1(1)

[^key-564f2a5c2afcf205a40b8593bf03039d]: Art. 21 in force at 11.11.2013, see art. 1(1)

[^key-3296c043253b00d5ccc51e96d8ca0de7]: Art. 28 in force at 11.11.2013, see art. 1(1)

[^key-74b2ee26218ec0449e24493c2d9ce75c]: Art. 34 in force at 11.11.2013, see art. 1(1)

[^key-ccd2dbf8caf0518a0c05661aa9fff0e0]: Art. 36 in force at 11.11.2013, see art. 1(1)

[^key-752a77759c41a28a9e21a2464cae9b74]: Art. 57 in force at 11.11.2013, see art. 1(1)

[^key-852f5d4b9c2fa872727fed68bf3ee84c]: Art. 5 in force at 11.11.2013, see art. 1(1)

[^key-065225547f89f65b10d6ffa5bcdb6672]: Art. 8 in force at 11.11.2013, see art. 1(1)

[^key-3da84bf8b67a7748fd9c9af43bd0b1f7]: Art. 9 in force at 11.11.2013, see art. 1(1)

[^key-b7db20fd22991c9acf8816767eb90269]: Art. 10 in force at 11.11.2013, see art. 1(1)

[^key-27553addbf39070d67ca595d7e21cf3e]: Art. 11 in force at 11.11.2013, see art. 1(1)

[^key-7c216590e93614f53c5bb827dab1c3ed]: Art. 15 in force at 11.11.2013, see art. 1(1)

[^key-cb55ff7517ca8364abe4209df2dfff28]: Art. 18 in force at 11.11.2013, see art. 1(1)

[^key-d3a42b49354a8e4ef7002c64861998ec]: Art. 19 in force at 11.11.2013, see art. 1(1)

[^key-2808dd43cc0e62a8423a974bc027faeb]: Art. 20 in force at 11.11.2013, see art. 1(1)

[^key-80cb5ffe9feb0650286fff09c2fb80cb]: Art. 23 in force at 11.11.2013, see art. 1(1)

[^key-37237014f10564f2bdb271e0384092c2]: Art. 25 in force at 11.11.2013, see art. 1(1)

[^key-7014a5c3c9b79d2ab7ae98a364006275]: Art. 26 in force at 11.11.2013, see art. 1(1)

[^key-65ef25eec914079d9883dfebffc95c17]: Art. 27 in force at 11.11.2013, see art. 1(1)

[^key-d4efb48d54d445302558bc236499ccd6]: Art. 31 in force at 11.11.2013, see art. 1(1)

[^key-edfbd2701fcb4916b658eece2a55b958]: Art. 32 in force at 11.11.2013, see art. 1(1)

[^key-ac69e4ca85bd4a5cd60135bec08d96eb]: Art. 33 in force at 11.11.2013, see art. 1(1)

[^key-847e06d8aca4811d0d4a7eb9ad9fbe57]: Art. 38 in force at 11.11.2013, see art. 1(1)

[^key-060766313aba20153312b3566d6230a6]: Art. 39 in force at 11.11.2013, see art. 1(1)

[^key-613172ebe94b7673e131a2a090ac0fb6]: Art. 42 in force at 11.11.2013, see art. 1(1)

[^key-6e80dee12fb7bed70c7d0b0999b3783f]: Art. 43 in force at 11.11.2013, see art. 1(1)

[^key-61d6fa35e4342797b78560079f5d3eab]: Art. 44 in force at 11.11.2013, see art. 1(1)

[^key-5bbfb74f5b0b255d17f9bef19ae831db]: Art. 45 in force at 11.11.2013, see art. 1(1)

[^key-ae416b2c4631cb5a52470e4ad9089f3a]: Art. 46 in force at 11.11.2013, see art. 1(1)

[^key-20ca5f3e4a7040d0b7ae9ddbb020919e]: Art. 49 in force at 11.11.2013, see art. 1(1)

[^key-4c9268a494093f7d770b0d60ce914dc1]: Art. 52 in force at 11.11.2013, see art. 1(1)

[^key-1f60824b7f8e5a7cfc3644e8859522e6]: Art. 53 in force at 11.11.2013, see art. 1(1)

[^key-f1fffd410a457f6ab3a4d651600f8ead]: Art. 54 in force at 11.11.2013, see art. 1(1)

[^key-a801e2a7a3a43050711bec8225ab1f3c]: Art. 55 in force at 11.11.2013, see art. 1(1)

[^key-3f1da41258e2b7dd167b7d9eac550f1e]: Art. 59 in force at 11.11.2013, see art. 1(1)

[^key-c39ccfc327ea98fbd0bd39344c448893]: Art. 60 in force at 11.11.2013, see art. 1(1)

[^key-b64cb3db3146297169ffb42bfe1da2bc]: Art. 61 in force at 11.11.2013, see art. 1(1)

[^key-df4b4ed692b8764f848f9249e6b4f9a1]: Art. 62 in force at 11.11.2013, see art. 1(1)

[^key-9c5f591116b23ad6c807cc99bd26386c]: Art. 65 in force at 11.11.2013, see art. 1(1)

[^key-98dc5bb01ebf313c44442d70943c4754]: Art. 66 in force at 11.11.2013, see art. 1(1)

[^key-3a465544d457d813b53f68dc2498375b]: Art. 67 in force at 11.11.2013, see art. 1(1)

[^key-d46d61a66941504d6e508523de791869]: Art. 68 in force at 11.11.2013, see art. 1(1)

[^key-6f980c285aaa541c029fb61d1c2505d7]: Art. 70 in force at 11.11.2013, see art. 1(1)

[^key-1c2e0fd2e8af1e9d517241ae49a10d96]: Words in art. 2(7)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 38(2)

[^key-5985643ebc73898c2bdcfc1914e6ee76]: Words in art. 2(8)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 38(3)

[^key-1793cab34494870515fc306cf2fa059e]: Words in art. 3(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(2)

[^key-b4a658b9ae72e18b7aeafffe8986465d]: Words in art. 3(3)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(a)

[^key-ba688719a57fb0e1205d3c59650a498b]: Words in art. 3(3)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(b)

[^key-52a43e47f1e0df5167c81d522877b155]: Words in art. 3(3)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 3(3)(c)

[^key-773f118179a796245d61f893523aa85c]: Art. 6(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 4

[^key-370b1e3eeea2ad48f3597c35092a4fbd]: Art. 7(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 5

[^key-24ca2b55743af7da1deded488d766669]: Words in art. 13(1)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(2)

[^key-33c3ea91fb4dfff03c5e332c7a5215eb]: Words in art. 13(1)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(3)

[^key-97fb42f4d27ecd254631ac7c8addc77c]: Word in art. 13(2) omitted (30.11.2015) by virtue of The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(4)

[^key-4d25af7d8dcdebe7b33070454d60a43d]: Art. 14(6A) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 7(4)

[^key-a7ed65022e929dc6927bac28a789606c]: Art. 14(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 7(2)

[^key-5d21821d57a5a2027fc0114ef600bde6]: Art. 14(6)(a) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 7(3)

[^key-424ef62592cea4190c6bf6337a8b7a72]: Words in art. 16(2)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 8(a)

[^key-75f9faa70637523ec25e4f8d0b5b8afe]: Words in art. 16(2)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 8(b)

[^key-009293a83bf93bcd2bc05be7b6cd0530]: Art. 17(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 9

[^key-63d48dbf2eef56a885bdeff0e6c59085]: Art. 22(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 10

[^key-7770a61fc1867619ea40957ec9730558]: Art. 24(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 11

[^key-f3eabb995e168df7ea2cca55f823856b]: Art. 29(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 12

[^key-057b21658b24584af8aba919d28f5b7d]: Art. 30(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 13

[^key-5ce0c3d469e865ae865df3cfeed5d08b]: Art. 35 substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 14

[^key-cb141e5dc3d92a57ee6d4aa5eb7e3dc6]: Words in art. 37(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(2)

[^key-6b2c70435f535a5a2e1f3284271826a3]: Words in art. 37(3)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(a)

[^key-0443a23a48fc7524670e61e7331bf0a7]: Words in art. 37(3)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(b)

[^key-6e1ab1d3f06b867da9027d8a52188bdc]: Words in art. 37(3)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(c)

[^key-2bdf962f4c449e18a2ac645d37245881]: Art. 40(3) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 16

[^key-79485703e38cdff846f88c44e21f6756]: Art. 41(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 17

[^key-ad4ff7c375671c2e69c1a2fba379e7d8]: Words in art. 47(1)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(2)

[^key-7a1c8ce2a34b69f24f97a6bf6a0faed4]: Words in art. 47(1)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(3)

[^key-4bc944b1589af43d0914040f50c9074d]: Word in art. 47(3) omitted (30.11.2015) by virtue of The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(4)

[^key-9dc3633c59701c09cf3f53905e8e6834]: Art. 48(6A) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 19(4)

[^key-23bb4bd0b3817869cbd9a8c37e10ec85]: Art. 48(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 19(2)

[^key-dd23d96e207bffb8ee8f6e46a8f78059]: Art. 48(6)(a) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 19(3)

[^key-fb26cf690b08d177b50dc929d66b04e2]: Words in art. 50(2)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 20(a)

[^key-68cef9c39a7d753b486ff2568587dda8]: Words in art. 50(2)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 20(b)

[^key-8d7f066d496bfdf25de16f6363d8b0a1]: Art. 51(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 21

[^key-ded1cf5af58040d5f1643d4567ddd90a]: Art. 56(3) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 22

[^key-68fe0aaf485d672da7ee6d5d736f9c8e]: Art. 58(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 23

[^key-10d59836d239f1582300b1336e344ba3]: Art. 63(3) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 24

[^key-9a1615ddfe7701f8a38d19b44b7a3369]: Art. 64(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 25

[^key-046baa6a45bc6ff428d242f8d374eddf]: Art. 69 substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 26

[^key-edc9bff5ab79f1844fe87f371d901184]: Arts. 21A-21G inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 7

[^key-792d3d207261ae0143b4fac7ae821867]: Arts. 46A-46H inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 13

[^key-2355b71b3721684dc0d044569e2c3763]: Arts. 46I-46R inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 14

[^M_F_6f5a60ae-0a79-45ea-f23d-57ee03aae285]: Arts. 21H-21P inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 8

[^key-d8f752285fa7292103fbbb9c7aa65035]: Art. 2(7A) inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 9(2)(a)

[^key-e0f47a42ad059b3328e31bd7a9c12687]: Art. 2(12) inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 9(2)(b)

[^key-16f68f3cd35dd00eba27e8e4009cb70e]: Art. 2(5A) inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 10(b)

[^key-b313ef4171c537c3818aba5461a80320]: Art. 2(1) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 10(a)

[^key-dc798020fc7e7f053d1d722372b3cc02]: Art. 2(11) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 10(c)

[^key-b1c1ca401ee53097ffb357f52b587a2b]: Words in art. 3(2) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 5(b)