Section 64 Meaning of “appropriate judicial authority”I1
United Kingdom
Subject to F1subsections (2) and (4), in this Part “appropriate judicial authority” means—
in relation to England and Wales and Northern Ireland, a judge of the Crown Court;
in relation to Scotland, a sheriff.
In this Part “appropriate judicial authority”, in relation to the seizure of items under any power mentioned in subsection (3) and in relation to items seized under any such power, means—
in relation to England and Wales and Northern Ireland, the High Court;
in relation to Scotland, the Court of Session.
Those powers are—
the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation F7... (within the meaning of Part 8 of that Act);
any power of seizure conferred by section 50, so far as that power is exercisable by reference to any power mentioned in paragraph (a).
In this Part “appropriate judicial authority”, in relation to the seizure of documents under paragraph 3(2) of Schedule 8 to the Football Governance Act 2025 and in relation to documents seized under that power, means the High Court.
Annotations
Textual amendments
- F1
Words in s. 64(1) substituted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 5(5)(a); S.I. 2025/1286, reg. 2(1)(e)(vi)
- F2
S. 64(3)(a)(ii) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 189(4) (with art. 10)
- F3
Words in s. 64(3)(a)(iii) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 123(5), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. paras. 2, 20)
- F4
Word in s. 64(3) omitted (24.2.2003) by virtue of Proceeds of Crime Act 2002 (c. 29), ss. 456, 457, 458, Sch. 11 para. 40(4) and by {Sch. 12} of the said Proceeds of Crime Act 2002 the same word is repealed (24.3.2003); S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)) and S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))
- F5
S. 64(3)(a)(iv) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 77(5), 339(1) (with s. 81); S.I. 2024/1226, regs. 1(2), 2(1)(2)
- F6
S. 64(3)(aa) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 40(4); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14))
- F7
Words in s. 64(3)(aa) repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 115, Sch. 8 Pt. 5; S.I. 2015/983, arts. 2(2)(e)(g), 3(hh) (with art. 6(2))
- F8
S. 64(4) inserted (21.7.2025 for specified purposes, 12.12.2025 in so far as not already in force) by Football Governance Act 2025 (c. 21), s. 100(1)(2)(g), Sch. 12 para. 5(5)(b); S.I. 2025/1286, reg. 2(1)(e)(vi)
Commencement
- I1
S. 64 wholly in force at 1.6.2004; s. 64 not in force at Royal Assent, see s. 138(2); s. 64(1) in force for certain purposes at 1.4.2003 by S.I. 2003/708, art. 2(b); s. 64 in force in so far as not already in force at 1.6.2004 by S.I. 2004/1376, art. 2(a)
Notes on Part 2
Modifications
- C1
Pt. 2 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(2) (with regs. 4-8)
- C2
Pt. 2 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 24(a); S.I. 2002/2750, art. 2
Pt. 2 extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 1 para. 10(1)(a)