Article 34F Disclosure of information, copying of documents etc.F1
An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).
But paragraphs (1) to (5) of article 20 (further provisions: rights in connection with privileged information, questions and material) apply in relation to requirements imposed by an unexplained wealth order as they apply in relation to requirements imposed under a disclosure order.
The enforcement authority may take copies of any documents produced by the respondent F2or any specified responsible officer in connection with complying with the requirements imposed by an unexplained wealth order.
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 enforcement authority has 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 34D (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
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. 34F(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), 21(5)
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)