Article 34D Compliance or purported compliance with an unexplained wealth orderF1
This article applies if—
before the end of the response period, F2the respondent and the specified responsible officer (if any) between them comply, or purport to comply, with all of the requirements imposed by an unexplained wealth order in respect of any property in relation to which the order was made, and
an interim freezing order has effect in relation to the property (see article 34H (unexplained wealth order: application for interim freezing order)).
In this article “compliance material” means—
any statement given in compliance or purported compliance with an unexplained wealth order, and
any document produced in compliance, or purported compliance, with a requirement included in the order by virtue of article 34A(6) (provision of documents);
and compliance material is “provided” when it is given or produced as required by the order.
The enforcement authority that has been provided with the compliance material must give the Secretary of State a copy of the compliance material, and inform the Secretary of State of the date upon which the compliance material was provided.
The Secretary of State must—
inform the requesting party of the compliance, or purported compliance, with the unexplained wealth order,
supply the requesting party with a copy of the compliance material, and
inform the requesting party that the interim freezing order will cease to have effect on the expiry of 120 days beginning with the day after the day on which the compliance material was provided to the enforcement authority.
If the compliance material is not all provided at the same time, it is to be regarded as provided when the last of that material is provided.
Annotations
Textual amendments
- F1
Pt. 5A 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), 20
- F2
Words in art. 34D(1)(a) substituted (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), 21(4)
Notes on Part 5A
Textual amendments
- F2
Words in Pt. 5A heading 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), 56(1)