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The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018

S.I. 2018/1078 · Made 10 October 2018

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Proceeds Of Crime

Made 10th October 2018

Laid before Parliament 17th October 2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 10th day of October 2018

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 444, 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 444 was amended by section 108(2) and (3) of the Serious Organised Crime and Police Act 2005 (c. 15), by paragraph 138 of Schedule 8 to the Serious Crime Act 2007 (c. 27), by paragraph 149 of Schedule 2 to the Crime and Courts Act 2013 (c. 22), by section 24(2) of the Criminal Finances Act 2017 (c. 22) and by S.I. 2010/976 and 2014/834. Section 445 was amended by paragraph 139 of Schedule 8 to the Serious Crime Act 2007, by paragraph 150 of Schedule 8 to the Crime and Courts Act 2013, by section 24(3) of, and paragraph 84 of Schedule 5 to, the Criminal Finances Act 2017, and by S.I. 2010/976 and 2014/834.

Contents

  1. Part 1: Citation, commencement, extent and interpretation
  2. 1Citation and commencement
  3. 2Extent
  4. 3Interpretation
  5. Part 2: External investigations: amendments to the 2013 Order
  6. Chapter 1: Introduction
  7. 4Amendments to the 2013 Order
  8. Chapter 2: External investigations: amendments for England and Wales
  9. 5Scope of Part 1
  10. 6Action on receipt of request in relation to an external investigation
  11. 7Unexplained wealth orders (England and Wales)
  12. 8Interim freezing orders (England and Wales)
  13. 9Other amendments consequential on articles 7 and 8
  14. 10Extension of powers to the Financial Conduct Authority, its officers and Her Majesty’s Revenue and Customs
  15. 11Amendments consequential on article 10
  16. Chapter 3: External investigations: amendments for Scotland
  17. 12Scope of Part 2
  18. 13Unexplained wealth orders (Scotland)
  19. 14Interim freezing orders (Scotland)
  20. 15Amendments consequential on Articles 13 and 14
  21. Part 3: External investigations (England and Wales): Amendments to the 2014 Order
  22. 16Amendments to the 2014 Order
  23. 17Extension of powers to officers of the Serious Fraud Office
  24. 18Scope of the 2014 Order
  25. 19Action on receipt of request in relation to an external investigation
  26. 20Unexplained wealth orders
  27. 21Amendments consequential on article 20
  28. Part 4: Forfeiture powers: Amendments to the 2005 Order
  29. 22Introduction
  30. 23Extension of powers to the Serious Fraud Office: appropriate approval
  31. 24Extension of powers to the Serious Fraud Office: definition of “appropriate officer”
  32. 25Appointment of receivers in connection with prohibition orders - external investigations (Scotland)
  33. 26Appointment of receivers in connection with prohibitory property orders - external orders (Scotland)
  34. 27Limit on recovery: property subject to forfeiture orders
  35. 28Insolvency: restriction on applications for account freezing orders
  36. 29“Enforcement authority”
  37. 30Forfeiture of certain personal (or moveable) property
  38. 31Freezing and forfeiture of money held in bank and building society accounts
  39. Signature
  40. Explanatory note