Article 17H Report by appointed person on exercise of powersF1

(1)

As soon as possible after the end of each financial year, the person appointed under article 17G(4) must prepare a report for that year.

(2)

“Financial year” means—

(a)

the period beginning with the day on which this article comes into force and ending with the next 31st March (which is the first financial year); and

(b)

each subsequent period of twelve months beginning with 1st April.

(3)

The report must give the appointed person’s opinion as to the circumstances and manner in which the powers conferred by articles 17B to 17E are being exercised in cases where the officer who exercised them is required to give a report under article 17G.

(4)

The report may make any recommendations the appointed person considers appropriate.

(5)

The appointed person must send a copy of the report to the Secretary of State.

(6)

The Secretary of State must—

(a)

publish any report received under paragraph (5); and

(b)

lay a copy before Parliament.

(7)

Before acting under paragraph (6) the Secretary of State must exclude from the report any matter which the Secretary of State thinks is likely to prejudice any criminal investigation or criminal proceedings either in the United Kingdom or abroad (including the country from which the external request was made).

(8)

If the Secretary of State excludes any matter from the report the Secretary of State must comply with paragraph (6) in relation to the whole of the report as soon as the Secretary of State thinks that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

Annotations

Textual amendments

F1: Ch. 1A inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 11