{
  "url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213E",
  "json_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005/article-213E.json",
  "legislation": "uksi/2005/3181",
  "legislation_title": "The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005",
  "legislation_url": "https://openlegislation.uk/proceeds-of-crime-act-2002-external-requests-and-orders-order-2005",
  "path": "article/213E",
  "kind": "article",
  "number": "213E",
  "heading": "Prior Approval",
  "text": "(1) The powers conferred by article 213C (searches) may be exercised only with the appropriate approval unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.\n(2) The appropriate approval means the approval of a judicial officer or (if that is not practicable in any case) the approval of a senior officer.\n(3) A judicial officer means—\n(a) in relation to England and Wales and Northern Ireland, a justice of the peace;\n(b) in relation to Scotland, the sheriff.\n(4) A senior officer means—\n(a) in relation to the exercise of a power by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer;\n(b) in relation to the exercise of a power by a constable, a senior police officer;\n(c) in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office;\n(d) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.\n(5) A senior police officer means a police officer of at least the rank of inspector.\n(6) If the powers are exercised without the approval of a judicial officer in a case where no property is seized by virtue of article 213H (seizure of listed assets) the relevant officer who exercised the power must give a written report to the appointed person.\n(7) A report under paragraph (6) must give particulars of the circumstances which led the relevant officer to believe that—\n(a) the powers were exercisable, and\n(b) it was not practicable to obtain the approval of a judicial officer.\n(8) In this article and article 213F (report on exercise of powers), the appointed person means—\n(a) in relation to England and Wales, a person appointed by the Secretary of State;\n(b) in relation to Scotland, a person appointed by the Scottish Ministers ;\n(c) in relation to Northern Ireland, a person appointed by the Department of Justice.\n(9) The appointed person must not be a person employed under or for the purposes of a government department or of the Scottish Administration; and the terms and conditions of the person’s appointment, including any remuneration or expenses to be paid to the person, are to be determined by the person making the appointment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 213E(3)(a) 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), 10(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 213E(8)(c) 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), 10(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3181/article/213E",
    "retrieved_at": "2026-10-29T04:45:32.650973+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}