OpenLegislation

Article 213Z11 CompensationF1

(1)

This article applies if—

(a)

an account freezing order is made, and

(b)

none of the money held in the account to which the order applies is forfeited in pursuance of an order under article 213Z7 (forfeiture order).

(2)

Where this article applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation.

(3)

If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant.

(4)

The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.

(5)

If the account freezing order was applied for by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty’s Revenue and Customs.

(6)

If the account freezing order was applied for by a constable, the compensation is to be paid as follows—

(a)

in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;

(b)

in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority F2;

(c)

in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(7)

If the account freezing order was applied for by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office.

(8)

If the account freezing order was applied for by a National Crime Agency officer, the compensation is to be paid by the National Crime Agency.

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

Art. 213Z11(6)(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), 28

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