Proceeds of Crime Act 2002

[F1 336D Sections 336A to 336C: interpretation U.K.

(1) This section provides for the meaning of terms used in sections 336A to 336C (and in this section).

(2) “The court” means—

(a) in relation to England and Wales or Northern Ireland, the Crown Court;

(b) in relation to Scotland, the sheriff.

(3) “Interested person” means—

(a) the person who made the relevant disclosure, and

(b) any other person who appears to the person making the application under section 336A to have an interest in the relevant property.

(4) “Moratorium period” means the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C.

(5) “Relevant disclosure” means—

(a) where the application under section 336A relates to the moratorium period mentioned in section 335(6), the authorised disclosure mentioned in section 335(2)(a);

(b) where the application under section 336A relates to the moratorium period mentioned in section 336(8), the disclosure mentioned in section 336(4)(a).

(6) “Relevant property” means any property that would be the subject of the prohibited act (within the meaning of section 335(8) or (as the case may be) section 336(10)) in relation to which the moratorium period in question applies.

(7) In the case of an application to the Crown Court, “senior officer” means—

(a) the Director General of the National Crime Agency,

(b) any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

(c) a police officer of at least the rank of inspector,

(d) an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank,

(e) an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank,

(f) a member of staff of the Financial Conduct Authority who is not below such grade as is designated by the Treasury for the purposes of this Part,

(g) the Director of the Serious Fraud Office (or a member of staff of that Office authorised for the purposes of section 336A by virtue of section 2C(2)), or

(h) an accredited financial investigator who falls within a description specified in an order made for the purposes of section 336A by the Secretary of State [F2 or the Welsh Ministers] under section 453.

(8) In the case of an application to the sheriff, “senior officer” means a procurator fiscal.

(9) “Working day” means a day other than—

(a) a Saturday,

(b) a Sunday,

(c) Christmas Day,

(d) Good Friday, or

(e) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 336A is made.]

Textual Amendments

F1 Ss. 336A-336D inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(4), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

F2 Words in s. 336D(7)(h) inserted (E.W.) (20.7.2018) by The Tax Collection and Management (Wales) Act 2016 (Supplemental Provision) Regulations 2018 (S.I. 2018/768), regs. 1(2), 2(h)

Modifications etc. (not altering text)

C1 S. 336D(7)(h) modified by S.I. 2018/196, Sch. para. 11D (as inserted (E.W.) (20.7.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018 (S.I. 2018/767), arts. 1(2), 2(3)(a))