OpenLegislation

Article 55 Other interpretationI1C1

United Kingdom

In this Part—

  • F1“appropriate officer” means—

    1. (a)

      an officer of Revenue and Customs;

    2. (b)

      a constable; F2...

    3. (ba)

      F3an SFO officer; or

    4. (d)

      an F4an accredited financial investigator who is under the direction of a relevant Director as defined in section 352(5A) of the Act;

  • “relevant Director” has the meaning—

    1. (a)

      in the context of an external request, set out in article 6(4);

    2. (b)

      in the context of an external order, set out in article 18(4);

  • “relevant property” means property which satisfies the test in section 447(7) of the Act;

  • “relevant seizure power” means a power to seize property which is conferred by or by virtue of—

    1. (a)

      article 17B (power to seize property);

    2. (b)

      article 13 (search and seizure warrants) of the Proceeds of Crime Act 2002 (External Investigations) Order 2013;

    3. (c)

      article 13 (search and seizure warrants) of the Proceeds of Crime Act 2002 (External Investigations) Order 2014;

    4. (d)

      Part 2 of the Police and Criminal Evidence Act 1984 as applied by section 16 of the Crime (International Co-operation) Act 2003; or

    5. (e)

      section 17 of the Crime (International Co-operation) Act 2003;

  • F5“SFO officer” means a member of staff of the Serious Fraud Office;

  • “specified property” means property specified in an external order (other than an order that specifies a sum of money).

Annotations

Textual amendments

F1

Words in art. 55 inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 20

F2

Word in art. 55 omitted (12.11.2018) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 24(a)(i)

F3

Words in art. 55 inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 24(a)(ii)

F4

Words in art. 55 substituted (11.8.2016) by virtue of The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2016 (S.I. 2016/662), arts. 1, 9

F5

Words in art. 55 inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 24(b)

Modifications

C1

Art. 55: amendment by S.I. 2018/1078, art. 24 extended to N.I. (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), 4(b)

Commencement

I1

Art. 55 in force at 1.1.2006, see art. 1