Article 3 Scope of the OrderI1
England, Wales and Northern Ireland
The powers conferred by this Order are exercisable only if the appropriate officer F3or enforcement authority (as the case may be) believes that the external investigation relates to a criminal investigation or criminal proceedings in the country or territory of the overseas authority carrying out the external investigation.
For the purpose of paragraph (2), criminal proceedings include proceedings to remove from a person the benefit of that person’s criminal conduct following that person’s conviction for an offence or offences.
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Annotations
Textual amendments
- F1
Words in art. 3(1) 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), 18(a)
- F2
Words in art. 3(1) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 55(a)
- F3
Words in art. 3(2) inserted (28.6.2021) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 55(b)
- F4
Art. 3(4) omitted (12.11.2018) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 18(b)
Commencement
- I1
Art. 3 in force at 13.8.2014, see art. 1(b)