Article 213D Searches: supplemental provisionF1

(1)

The powers conferred by article 213C (searches)—

(a)

are exercisable only so far as reasonably required for the purpose of finding a listed asset;

(b)

include the power to carry out (or arrange for the carrying out of) tests on anything found during the course of the search for the purpose of establishing whether it is a listed asset;

(c)

are exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that the property in question was obtained as a result of or in connection with criminal conduct that relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979);

(d)

are exercisable by an SFO officer only in relation to the following—

(i)

premises in England or Wales F2or Northern Ireland (in the case of article 213C(1));

(ii)

vehicles and suspects in England or Wales F3or Northern Ireland (in the case of article 213C(5) and (8)(a));

(iii)

suspects in England or Wales F4or Northern Ireland (in the case of article 213C(6) and (8)(b)).

(2)

Article 213C does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

Annotations

Textual amendments

F1: Pt. 5A inserted (12.11.2019) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 30
F2: Words in art. 213D(1)(d)(i) 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), 9
F3: Words in art. 213D(1)(d)(ii) 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), 9
F4: Words in art. 213D(1)(d)(iii) 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), 9

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), 6