Article 46F Disclosure of information, copying of documents etc.F1
Scotland
An unexplained wealth order does not confer the right to require a person to answer any question, provide any information or produce any document which the person would be entitled to refuse to answer, provide or produce on the grounds of legal privilege.
An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).
The Scottish Ministers may take copies of any documents produced by the respondent F2or any specified responsible officer in connection with complying with such a requirement.
Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an external investigation in relation to the property in respect of which the unexplained wealth order is made.
But if the Scottish Ministers have reasonable grounds to believe that the documents—
may need to be produced for the purposes of any legal proceedings, and
might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
Unless article 46D (compliance or purported compliance with an unexplained wealth order) applies, an enforcement authority which has been provided with compliance material may send the compliance material to the requesting party or to the Secretary of State for forwarding to the requesting party.
Annotations
Textual amendments
- F1
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
- F2
Words in art. 46F(3) inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 18(5)