Article 213X GeneralF1
This Part has effect for the purpose of enabling the freezing and forfeiture of F2money held in accounts maintained with relevant financial institutions (within the meaning of article 213Z1(6)) in civil proceedings before—
in England and Wales F3or Northern Ireland, the magistrates’ court; or
in Scotland, the Sheriff’s Court,
for the purpose of giving effect to external requests and external orders.
The powers conferred by this Part are exercisable in relation to money held in an account maintained with a F4relevant financial institution whether or not proceedings have been brought in the country from which the external order was sent for criminal conduct (within the meaning of section 447(8) of the Act (interpretation)) in connection with the property.
For the purposes of this Part the amount of any money held in an account maintained with a F5relevant financial institution in a currency other than sterling must be taken to be its sterling equivalent, calculated in accordance with the prevailing rate of exchange.
Annotations
Textual amendments
- F1
Pt. 5B 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), 31
- F2
Words in art. 213X(1) substituted (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), 31(a)
- F3
Words in art. 213X(1)(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), 19
- F4
Words in art. 213X(2) substituted (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), 33(a)
- F5
Words in art. 213X(3) substituted (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), 33(a)
Notes on Part 5B
Textual amendments
- F2
Words in Pt. 5B 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), 18
- F3
Word in Pt. 5B heading substituted (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), 32