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The Proceeds of Crime Act 2002 (Administrative Forfeiture Notices) (England and Wales and Northern Ireland) Regulations 2017

Consolidated Text As Enacted Cited authorities 17 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2017/1223
Year2017
(1) These Regulations may be cited as the Proceeds of Crime Act 2002 (Administrative Forfeiture Notices) (England and Wales and Northern Ireland) Regulations 2017, and come into force on 31st January 2018.F12Parts 1 and 2 extend to England and Wales and Northern Ireland;F13Part 3 extends to England and Wales;Part 4 extends to Northern Ireland.(3) In these Regulations—
  • “the Act” means the Proceeds of Crime Act 2002;
  • “child” means a person under 18 years;
  • “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000 ;
  • “protected person” means—
    • (a) in England and Wales, a person who lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to an account forfeiture notice;
    • (b) in Northern Ireland, means a person who is 16 years or over who lacks capacity to understand the nature of an account forfeiture notice because of an impairment of, or a disturbance in the functioning of, the mind or brain;
    • (c) in Scotland, an adult who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 , of understanding the nature of an account forfeiture notice.
any person to whom notice of an order made under section 303Z3(2) of the Act has been given, andany person who has been identified as being affected by such an order but who has not been given notice of the order.there is no person who falls within paragraph (1) , orit is not possible to give a notice in accordance with regulation 3(1) to any such person,nothing in these Regulations authorises or requires any person to do anything which is contrary to the law of the country where the account forfeiture notice is to be given, andthe duty for the account forfeiture notice to be given by way of publication under paragraph (2) (b) does not apply.(4) Regulation 6 makes further provision for cases where an individual to whom an account forfeiture notice is to be given is a child or protected person.by post in accordance with regulation 4, orby means of electronic communication in accordance with regulation 5.in the London Gazette, if the senior officer believes any affected person may be in England or Wales;in the Belfast Gazette, if the senior officer believes any affected person may be in Northern Ireland;in the Edinburgh Gazette, if senior officer believes any affected person may be in Scotland.(1) In order to give an account forfeiture notice to a person by post, it must be sent by posting it to an address which has been given by that person for the purpose of receipt of an account forfeiture notice under these Regulations.(2) If no such address has been given, the account forfeiture notice must be sent to an address which is shown in the following table (or where it is possible to post the notice to more than one of the addresses in the table, to any such address) .
Person to whom an account forfeiture notice is to be given Address
Individual Last known residential address
Individual in their business capacity Last known residential address or principal or last known place of business
Individual in their capacity as a partner in a partnership Last known residential address or principal or last known place of business of the partnership
Limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000) 1 Principal office of the partnership or any place of business of the partnership
Corporation (other than a company) Principal office of the corporation or any place where the corporation carries on its activities
Company Principal office of the company or any place of business of the company
1 2000 c. 12. “Limited liability partnership” is defined in section 1(2) of that Act.
(3) The account forfeiture notice is to be treated as having been given at the time at which the notice would be delivered in the ordinary course of post.that they are willing to accept the giving of an account forfeiture notice by that means of electronic communication, andthe fax number, email address or other electronic identification to which the account forfeiture notice must be sent.(2) Where a senior officer intends to give an account forfeiture notice by means of electronic communication (other than by fax) , the senior officer must first ask the intended recipient whether there are any limitations to the intended recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received) .(3) Giving an account forfeiture notice by means of electronic communication is effected by sending or transmitting the notice in accordance with the written indication given by the intended recipient under paragraph (1) , having complied with any reasonable limitations specified by the intended recipient in response to a request under paragraph (2) .(4) The account forfeiture notice is to be treated as having been given on the day on which it is sent or transmitted if the electronic communication containing it is sent or transmitted at or before 4.30pm.(5) If the electronic communication is sent or transmitted after 4.30pm, the notice is to be treated as having been given the following day.one of the child's parents or guardians, orif there is no parent or guardian, an adult with whom the child resides or in whose care the child is.the attorney under a registered enduring power of attorney that relates to the protected person;the donee of a lasting power of attorney that relates to the protected person;the deputy appointed in relation to the protected person by the Court of Protection;the attorney under a registered enduring power of

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