OpenLegislation

Article 213Z1 Application for account freezing orderF1

(1)

This article applies if—

(a)

the Secretary of State has referred an external request or an external order F2... in accordance with articles 213Y (action on receipt of an external request) or 213Z (action to give effect to an external order), and

(b)

F3an enforcement officer has reasonable grounds for suspecting that money held in the account specified in that external order is recoverable property.

(2)

Where this article applies (but subject to article 213Z2) (restrictions on making of application under article 213Z1) the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held.

(3)

For the purposes of this Part—

(a)

an account freezing order is an order that, subject to any exclusions (see article 213Z5 (exclusions)), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account;

(b)

an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account.

(4)

An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Part to forfeit money that is recoverable property.

(5)

The money referred to in paragraph (1) may be all or part of the credit balance of the account.

(6)

In this Part—

  • F4...

  • ...

  • “enforcement officer” means—

    1. (a)

      an officer of Revenue and Customs,

    2. (b)

      a constable, or

    3. (c)

      an SFO officer;

  • “the minimum amount” is the sum for the time being specified in section 303Z8 of the Act;

  • “relevant court”—

    1. (a)

      in England and Wales F5and Northern Ireland, means a magistrates’ court,

    2. (b)

      in Scotland, means the sheriff;

  • F6“relevant financial institution” has the same meaning as in section 303Z1 of the Act.

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. 213Z1(1)(a) 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), 23(a)

F3

Words in art. 213Z1(1)(b) 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), 23(b)

F4

Words in art. 213Z1(6) 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), 34

F5

Words in art. 213Z1(6) 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), 23(c)

F6

Words in art. 213Z1(6) 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), 31(b)

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

Notes on Chapter 2

Textual amendments

F2

Word in Pt. 5B Ch. 2 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