The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1751 |
2015No. 1751
PROCEEDS OF CRIME
The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015
8thOctober2015
15thOctober2015
30thNovember2015
At the Court at Buckingham Palace, the 8th day of October 2015
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 445 and 459(2) of the Proceeds of Crime Act 2002( 1), is pleased, by and with the advice of Her Privy Council, to order as follows.
PART 1
General provisions
Citation, commencement and extent
1.-(1) This Order may be cited as the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015.
(2) This Order comes into force on 30th November 2015.
(3) This Order does not extend to Northern Ireland.
Interpretation
2. In this Order, "the 2013 Order" means the Proceeds of Crime Act 2002 (External Investigations) Order 2013( 2).
PART 2
Amendment of Part 1 of the 2013 Order
Amendment of article 3 (scope of Part 1)
3.-(1) Article 3 of the 2013 Order (scope of Part 1) is amended as follows.
(2) In paragraph (2), for "property" substitute "a person or property subject to an external investigation".
(3) In paragraph (3)-
(a) in sub-paragraph (a), before "property" insert "person or";(b) in sub-paragraph (b), before "property" insert "person or";(c) in sub-paragraph (c), before "property" twice occurring insert "person or".Amendment of article 6 (production orders)
4. In article 6 of the 2013 Order (production orders), for paragraph (2) substitute-
"(2) The application for a production order must state that-(a) a person specified in the application is subject to an external investigation and the condition in article 3(2) is met in respect of the person; or(b) property specified in the application is subject to an external investigation and the condition in article 3(2) is met in respect of the property.".Amendment of article 7 (requirements for making of production order)
5. In article 7 of the 2013 Order (requirements for making of production order), for paragraph (2) substitute-
"(2) There must be reasonable grounds for suspecting that-(a) the person the application for the order specifies as being subject to the external investigation holds property obtained as a result of or in connection with criminal conduct;(b) that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or(c) the property the application for the order specifies as being subject to the external investigation is property obtained as a result of or in connection with criminal conduct.".Amendment of article 13 (search and seizure warrants)
6.-(1) Article 13 of the 2013 Order (search and seizure warrants) is amended as follows.
(2) In paragraph (1)(a), before "property" insert "a person specified in the application or".
(3) In paragraph (1)(b), before "property" insert "person or".
(4) In paragraph (2), omit "also".
Amendment of article 14 (requirements where production order not available)
7.-(1) Article 14 of the 2013 Order (requirements where production order not available) is amended as follows.
(2) For paragraph (2) substitute-
"(2) This paragraph applies if there are reasonable grounds for suspecting that-(a) the person specified in the application for the warrant holds property obtained as a result of or in connection with criminal conduct;(b) that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or(c) the property specified in the application for the warrant is property obtained as a result of or in connection with criminal conduct.".(3) For paragraph (6)(a) substitute-
"(a) relates to the person or property specified in the application or to any of the questions listed in paragraph (6A); and".(4) After paragraph (6) insert-
"(6A) Those questions are-(a) where a person is specified in the application, any question as to-(i) what property the person holds or has held;(ii) whether the property was obtained as a result of or in connection with criminal conduct; or(iii) the nature, extent or whereabouts of the property; and(b) where property is specified in the application, any question as to-(i) whether the property was obtained as a result of or in connection with criminal conduct;(ii) who holds it or has held it;(iii) whether a person who appears to hold or to have held it holds or has held other property;(iv) whether the other property was obtained as a result of or in connection with criminal...To continue reading
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