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Article 213Z2 Restrictions on making of application under article 213Z1F1

(1)

The power to apply for an account freezing order is not exercisable if the money in relation to which the enforcement officer’s suspicion exists is less in amount than the minimum amount.

(2)

An enforcement officer may not apply for an account freezing order unless the officer is a senior officer or is authorised to do so by a senior officer.

(3)

The power to apply for an account freezing order is not exercisable by an SFO officer in relation to an account maintained with a branch of a F2relevant financial institution that is in Scotland.

(4)

For the purposes of this Part, a “senior officer” is—

(a)

an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer,

(b)

a senior police officer,

(c)

the Director of the Serious Fraud Office, or

(d)

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.

(5)

In paragraph (4), a “senior police officer” means a police officer of at least the rank of inspector.

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. 213Z2(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(d)

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