Paragraph 3A F1

Northern Ireland

(1)

Where it appears to a financial investigator that a specified person may have benefited fromF2 his criminal conduct the investigator may by notice in writing require any solicitor to furnish specified information to the investigator within a specified time and in a specified manner.

(F31A)

For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.

(2)

The information which may be specified under sub-paragraph (1) is whether at any time during a specified period the specified person was a client of the solicitor in respect of—

(a)

any land or business;

(b)

a company, firm, partnership or trust;

(c)

a bank or other account; or

(d)

any assets in the nature of investments, being assets of the specified person.

(3)

Where the specified person was a client as mentioned in sub-paragraph (2), the solicitor shall furnish to the investigator—

(a)

the full name of the client;

(b)

the most recent and all known previous addresses of the client;

(c)

the date of birth (if known) of the client;

(d)

other evidence of identity of the client obtained in accordance with the Money Laundering Regulations 1993; and

(e)

specified details of the nature of any transaction relating to any matter mentioned in that sub-paragraph.

(F44)

In its application by virtue of Article 49(1B), this paragraph shall have effect as if—

(a)

for references to a financial investigator there were substituted references to F5a F6National Crime Agency officer or a relevant Director (within the meaning of Article 49(5));

(b)

in sub-paragraphs (1) and (1A) for “benefited from his criminal conduct” there were substituted “obtained property through unlawful conduct”; and

(c)

in paragraph (1A) for “Part 4” there were substituted “Part 5”.

(5)

Where this paragraph applies by virtue of Article 49 (1B), then—

(a)

paragraphs 4(2), 5 and 6 apply for the purposes of this paragraph with the modification mentioned in sub-paragraph (4)(a); and

(b)

paragraphs 7 and 8 do not apply for those purposes.

Annotations

Textual amendments

F1: 2001 NI 1
F2: 2002 c. 29
F3: 2002 c. 29
F4: 2005 NI 15
F5: Words in Sch. 2 para. 3A(4) substituted (1.4.2008) by Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 2, Sch. para. 5(5)
F6: Words in Sch. 2 para. 3A(4)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 54; S.I. 2013/1682, art. 3(v)

Notes on Schedule 2

Modifications

C1: Sch. 2: transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)