The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015
S.I. 2015/1751 · Made 8 October 2015 · Extends to England, Wales and Scotland
Proceeds Of Crime
Made 8th October 2015
Laid before Parliament 15th October 2015
Coming into force 30th November 2015
At the Court at Buckingham Palace, the 8th day of October 2015
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 445 and 459(2) of the Proceeds of Crime Act 2002f1, is pleased, by and with the advice of Her Privy Council, to order as follows.
Annotations to the whole text
Footnotes
- f1
-
2002 c. 29. Section 445 was amended by S.I. 2010/976, art. 12, Schedule 14, paragraphs 47 and 71; by the Serious Crime Act 2007 (c. 27), s. 74(2)(f) and Schedule 8, Part 6, paragraphs 121 and 139; by the Crime and Courts Act 2013 (c. 22), s. 15(3) and Schedule 8, Part 2, paragraphs 108 and 150; and by S.I. 2014/834, art. 3(3)(b) and Schedule 2, paragraphs 19 and 33.
Contents
- Part 1: General provisions
- 1Citation, commencement and extent
- 2Interpretation
- Part 2: Amendment of Part 1 of the 2013 Order
- 3Amendment of article 3 (scope of Part 1)
- 4Amendment of article 6 (production orders)
- 5Amendment of article 7 (requirements for making of production order)
- 6Amendment of article 13 (search and seizure warrants)
- 7Amendment of article 14 (requirements where production order not available)
- 8Amendment of article 16 (disclosure orders)
- 9Amendment of article 17 (requirements for making of disclosure order)
- 10Amendment of article 22 (customer information orders)
- 11Amendment of article 24 (requirements for making of customer information order)
- 12Amendment of article 29 (account monitoring orders)
- 13Amendment of article 30 (requirements for making of account monitoring order)
- 14Amendment of article 35 (codes of practice)
- Part 3: Amendment of Part 2 of the 2013 Order
- 15Amendment of article 37 (scope of Part 2)
- 16Amendment of article 40 (production orders)
- 17Amendment of article 41 (requirements for making of production order)
- 18Amendment of article 47 (search warrants)
- 19Amendment of article 48 (requirements where production order not available)
- 20Amendment of article 50 (disclosure orders)
- 21Amendment of article 51 (requirements for making of disclosure order)
- 22Amendment of article 56 (customer information orders)
- 23Amendment of article 58 (requirements for making of customer information order)
- 24Amendment of article 63 (account monitoring orders)
- 25Amendment of article 64 (requirements for making an account monitoring order)
- 26Amendment of article 69 (code of practice)
- Signature
- Explanatory note
1Citation, commencement and extentI1 E+W+S+NI
This Order may be cited as the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015.
This Order comes into force on 30th November 2015.
This Order F1extends also to Northern Ireland.
2InterpretationI1 E+W+S+NI
In this Order, “the 2013 Order” means the Proceeds of Crime Act 2002 (External Investigations) Order 2013f1.
3Amendment of article 3 (scope of Part 1)I1 E+W+S+NI
Article 3 of the 2013 Order (scope of Part 1) is amended as follows.
In paragraph (2), for “property” substitute “a person or property subject to an external investigation”.
In paragraph (3)—
in sub-paragraph (a), before “property” insert “person or”;
in sub-paragraph (b), before “property” insert “person or”;
in sub-paragraph (c), before “property” twice occurring insert “person or”.
4Amendment of article 6 (production orders)I1 E+W+S+NI
In article 6 of the 2013 Order (production orders), for paragraph (2) substitute—
“(2)The application for a production order must state that—
(a)a person specified in the application is subject to an external investigation and the condition in article 3(2) is met in respect of the person; or
(b)property specified in the application is subject to an external investigation and the condition in article 3(2) is met in respect of the property.”.
5Amendment of article 7 (requirements for making of production order)I1 E+W+S+NI
In article 7 of the 2013 Order (requirements for making of production order), for paragraph (2) substitute—
“(2)There must be reasonable grounds for suspecting that—
(a)the person the application for the order specifies as being subject to the external investigation 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 the application for the order specifies as being subject to the external investigation is property obtained as a result of or in connection with criminal conduct.”.
6Amendment of article 13 (search and seizure warrants)I1 E+W+S+NI
Article 13 of the 2013 Order (search and seizure warrants) is amended as follows.
In paragraph (1)(a), before “property” insert “a person specified in the application or”.
In paragraph (1)(b), before “property” insert “person or”.
In paragraph (2), omit “also”.
7Amendment of article 14 (requirements where production order not available)I1 E+W+S+NI
Article 14 of the 2013 Order (requirements where production order not available) is amended as follows.
For paragraph (2) substitute—
“(2)This paragraph applies if there are reasonable grounds for suspecting that—
(a)the person specified in the application for the warrant 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 warrant is property obtained as a result of or in connection with criminal conduct.”.
For paragraph (6)(a) substitute—
“(a)relates to the person or property specified in the application or to any of the questions listed in paragraph (6A); and”.
After paragraph (6) insert—
“(6A)Those questions are—
(a)where a person is specified in the application, any question as to—
(i)what property the person holds or has held;
(ii)whether the property was obtained as a result of or in connection with criminal conduct; or
(iii)the nature, extent or whereabouts of the property; and
(b)where property is specified in the application, any question as to—
(i)whether the property was obtained as a result of or in connection with criminal conduct;
(ii)who holds it or has held it;
(iii)whether a person who appears to hold or to have held it holds or has held other property;
(iv)whether the other property was obtained as a result of or in connection with criminal conduct; or
(v)the nature, extent or whereabouts of the specified property or the other property.”.
8Amendment of article 16 (disclosure orders)I1 E+W+S+NI
Article 16 of the 2013 Order (disclosure orders) is amended as follows—
in paragraph (2)(a), before “property” insert “a person specified in the application or”;
in paragraph (2)(c), before “property” insert “person or”.
9Amendment of article 17 (requirements for making of disclosure order)I1 E+W+S+NI
In article 17 of the 2013 Order (requirements for making of disclosure order), for paragraph (2) substitute—
“(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.”.
10Amendment of article 22 (customer information orders)I1 E+W+S+NI
In article 22 of the 2013 Order (customer information orders), for paragraph (2) substitute—
“(2)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 3(2) is met in respect of the person.”.
11Amendment of article 24 (requirements for making of customer information order)I1 E+W+S+NI
In article 24 of the 2013 Order (requirements for making of customer information order), for paragraph (2) substitute—
“(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.”.
12Amendment of article 29 (account monitoring orders)I1 E+W+S+NI
In article 29 of the 2013 Order (account monitoring orders), for paragraph (2) substitute—
“(2)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 3(2) is met in respect of the person.”.
13Amendment of article 30 (requirements for making of account monitoring order)I1 E+W+S+NI
In article 30 of the 2013 Order (requirements for making of account monitoring order), for paragraph (2) substitute—
“(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.”.
14Amendment of article 35 (codes of practice)I1 E+W+S+NI
For article 35 (codes of practice) substitute—
“Codes of Practice
35.A code of practice in operation under section 377 or 377A of the Proceeds of Crime Act 2002f1 applies to functions exercisable under this Part as it applies to functions exercisable under Chapter 2 of Part 8 of that Act in relation to civil recovery investigations.”.
15Amendment of article 37 (scope of Part 2)I1 E+W+S+NI
Article 37 of the 2013 Order (scope of Part 2) is amended as follows.
In paragraph (2), for “property” substitute “a person or property subject to an external investigation”.
In paragraph (3)—
in sub-paragraph (a), before “property” insert “person or”;
in sub-paragraph (b), before “property” insert “person or”;
in sub-paragraph (c), before “property” twice occurring insert “person or”.
16Amendment of article 40 (production orders)I1 E+W+S+NI
In article 40 of the 2013 Order (production orders), for paragraph (3) substitute—
“(3)The application for a production order must state that—
(a)a person specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the person; or
(b)property specified in the application is subject to an external investigation and the condition in article 37(2) is met in respect of the property.”.
17Amendment of article 41 (requirements for making of production order)I1 E+W+S+NI
In article 41 of the 2013 Order (requirements for making of production order), for paragraph (2) substitute—
“(2)There must be reasonable grounds for suspecting that—
(a)the person the application for the order specifies as being subject to the external investigation 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 the application for the order specifies as being subject to the external investigation is property obtained as a result of or in connection with criminal conduct.”.
18Amendment of article 47 (search warrants)I1 E+W+S+NI
Article 47 of the 2013 Order (search warrants) is amended as follows.
In paragraph (1)(a), before “property” insert “a person specified in the application or”.
In paragraph (1)(b), before “property” insert “person or”.
In paragraph (3), omit “also”.
19Amendment of article 48 (requirements where production order not available)I1 E+W+S+NI
Article 48 of the 2013 Order (requirements where production order not available) is amended as follows.
For paragraph (2) substitute—
“(2)This paragraph applies if there are reasonable grounds for suspecting that—
(a)the person specified in the application for the warrant 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 warrant is property obtained as a result of or in connection with criminal conduct.”.
For paragraph (6)(a) substitute—
“(a)relates to the person or property specified in the application or to any of the questions listed in paragraph (6A); and”.
After paragraph (6) insert—
“(6A)Those questions are—
(a)where a person is specified in the application, any question as to—
(i)what property the person holds or has held;
(ii)whether the property was obtained as a result of or in connection with criminal conduct; or
(iii)the nature, extent or whereabouts of the property; and
(b)where property is specified in the application, any question as to—
(i)whether the property was obtained as a result of or in connection with criminal conduct;
(ii)who holds it or has held it;
(iii)whether a person who appears to hold or to have held it holds or has held other property;
(iv)whether the other property was obtained as a result of or in connection with criminal conduct; or
(v)the nature, extent or whereabouts of the specified property or the other property.”.
20Amendment of article 50 (disclosure orders)I1 E+W+S+NI
Article 50 of the 2013 Order (disclosure orders) is amended as follows—
in paragraph (2)(a), before “property” insert “a person specified in the application or”;
in paragraph (2)(c), before “property” insert “person or”.
21Amendment of article 51 (requirements for making of disclosure order)I1 E+W+S+NI
In article 51 of the 2013 Order (requirements for making of disclosure order), for paragraph (2) substitute—
“(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.”.
22Amendment of article 56 (customer information orders)I1 E+W+S+NI
In article 56 of the 2013 Order (customer information orders), for paragraph (3) substitute—
“(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.”.
23Amendment of article 58 (requirements for making of customer information order)I1 E+W+S+NI
In article 58 of the 2013 Order (requirements for making of customer information order), for paragraph (2) substitute—
“(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.”.
24Amendment of article 63 (account monitoring orders)I1 E+W+S+NI
In article 63 of the 2013 Order (account monitoring orders), for paragraph (3) substitute—
“(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.”.
25Amendment of article 64 (requirements for making an account monitoring order)I1 E+W+S+NI
In article 64 of the 2013 Order (requirements for making an account monitoring order), for paragraph (2) substitute—
“(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.”.
26Amendment of article 69 (code of practice)I1 E+W+S+NI
For article 69 of the 2013 Order (code of practice) substitute—
“Code of Practice
69.A code of practice in operation under section 410 of the Proceeds of Crime Act 2002f1 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.”.
Signature E+W+S+NI
Richard Tilbrook
Clerk of the Privy Council
Explanatory note E+W+S+NI
(This note is not part of the Order)
This Order amends the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (S.I. 2013/2605) (“the 2013 Order”) in relation to external investigations. The provisions of the 2013 Order broadly correspond with the civil recovery investigation provisions in Part 8 of the Proceeds of Crime Act 2002 (c. 29) (“the domestic provisions”). The amendments made by this Order reflect amendments made to the domestic provisions by section 49(a) of, and Schedule 19 to, the Crime and Courts Act 2013 (c. 22). The amendments enable powers under the 2013 Order to be exercised in relation to property or a person who holds or has held that property if the external investigation relates to that property or person.
An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.