Article 28 SupplementaryI1

England, Wales and Northern Ireland

(1)

An application for a customer information order may be made ex parte to a High Court judge in chambers.

(2)

An application to discharge or vary a customer information order may be made to the High Court by—

(a)

the person who applied for the order,

(b)

any person affected by the order.

(3)

The High Court—

(a)

may discharge the order,

(b)

may vary the order.

(4)

If F1an officer of a description mentioned in paragraph (a), (b) or (c) of the meaning of appropriate officer (see article 2 (interpretation)) applies for a customer information order, an application to discharge or vary the order F2may be made by a different officer of the same description.

(5)

References to a person who applied for a customer information order must be construed accordingly.

(6)

An NCA officer may not make an application for a customer information order or an application to vary such an order unless they are a senior appropriate officer or they are authorised to do so by a senior appropriate officer.

(7)

Paragraphs (2) to (5) do not apply to orders made in England and Wales.

Annotations

Textual amendments

F1: Words in art. 28(4) 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), 11(5)(a)
F2: Words in art. 28(4) 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), 11(5)(b)

Commencement

I1: Art. 28 in force at 11.11.2013, see art. 1(1)