Proceeds of Crime Act 2002

Inheritance tax functions U.K.

321 [F1 The National Crime Agency's] functions: transfers of value U.K.

(1) For the purposes of this section the qualifying condition is that [F2 the National Crime Agency] has reasonable grounds to suspect that—

(a) there has been a transfer of value within the meaning of the Inheritance Tax Act 1984 (c. 51), and

(b) the value transferred by [F3 the transfer of value] is attributable (in whole or part) to criminal property.

(2) If the qualifying condition is satisfied [F2 the National Crime Agency] may serve on the Board a notice which—

(a) specifies the transfer of value, and

(b) states that [F2 the National Crime Agency] intends to carry out the Revenue inheritance tax functions in relation to the transfer.

(3) Service of a notice under subsection (2) vests in [F2 the National Crime Agency] the Revenue inheritance tax functions in relation to the transfer.

(4) [F2 the National Crime Agency]—

(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);

(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.

(5) Service of a notice under subsection (4) divests [F2 the National Crime Agency] of the Revenue inheritance tax functions in relation to the transfer.

(6) The vesting of a function in [F2 the National Crime Agency] under this section does not divest the Board or an officer of the Board of the function.

(7) It is immaterial whether a transfer of value is suspected to have occurred before or after the passing of this Act.

Textual Amendments

F1 Words in s. 321 title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 125(2); S.I. 2013/1682, art. 3(v)

F2 Words in s. 321 substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 125(3); S.I. 2013/1682, art. 3(v)

F3 Words in s. 321(1)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 97(3)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I1 S. 321 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

322 [F4 The National Crime Agency's] functions: certain settlements U.K.

(1) For the purposes of this section the qualifying condition is that [F5 the National Crime Agency] has reasonable grounds to suspect that—

(a) all or part of the property comprised in a settlement is relevant property for the purposes of Chapter 3 of Part 3 of the Inheritance Tax Act 1984 (settlements without interest in possession), and

(b) the relevant property is (in whole or part) criminal property.

(2) If the qualifying condition is satisfied [F5 the National Crime Agency] may serve on the Board a notice which—

(a) specifies the settlement concerned,

(b) states that [F5 the National Crime Agency] intends to carry out the Revenue inheritance tax functions in relation to the settlement, and

(c) states the period for which [F5 the National Crime Agency] intends to carry them out.

(3) Service of a notice under subsection (2) vests in [F5 the National Crime Agency] the Revenue inheritance tax functions in relation to the settlement for the period.

(4) [F5 the National Crime Agency]—

(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);

(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.

(5) Service of a notice under subsection (4) divests [F5 the National Crime Agency] of the Revenue inheritance tax functions in relation to the settlement for the period.

(6) The vesting of a function in [F5 the National Crime Agency] under this section does not divest the Board or an officer of the Board of the function.

(7) It is immaterial whether the settlement is commenced or a charge to tax arises or a period or any part of it falls before or after the passing of this Act.

Textual Amendments

F4 Words in s. 322 title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 126(2); S.I. 2013/1682, art. 3(v)

F5 Words in s. 322 substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 126(3); S.I. 2013/1682, art. 3(v)

Commencement Information

I2 S. 322 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)