Part III Terrorist Property
F1F4Information orders
Word in s. 22B cross-heading substituted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 186(15)(a), 219(1)(2)(b); S.I. 2024/269, reg. 4(e)
22FF2Code of practice about certain information orders
1
The Secretary of State must make a code of practice in connection with the exercise of the following functions by the Director General of the National Crime Agency or an authorised NCA officer—
a
the making of an application to the magistrates’ court for an information order under section 22B(1A) (information orders made in reliance on Condition 3 or 4 in section 22B being met);
b
the making of a request to a procurator fiscal for the procurator fiscal to apply for an information order under section 22B(1A).
2
Where the Secretary of State proposes to issue a code of practice the Secretary of State must—
a
publish a draft,
b
consider any representations made about the draft, and
c
if the Secretary of State thinks appropriate, modify the draft in the light of any such representations.
3
A requirement in paragraph (a), (b) or (c) of subsection (2) may be satisfied by the carrying out of the action required by the paragraph in question before this section comes into force.
4
The Secretary of State must lay a draft of the code before Parliament.
5
When the Secretary of State has laid a draft of the code before Parliament the Secretary of State may bring it into operation by regulations.
6
7
A failure by a person to comply with a provision of the code does not of itself make the person liable to criminal or civil proceedings.
8
The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
9
A code of practice made under this section may be combined with a code of practice under section 339ZL of the Proceeds of Crime Act 2002 (code of practice relating to certain information orders under section 339ZH of that Act).
10
In this section “authorised NCA officer” has the meaning given in section 22B(14).
Ss. 22B-22E and cross-heading inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 37, 58(1)(6); S.I. 2017/991, reg. 2(g) (with reg. 3(3))