Proceeds of Crime Act 2002

445 External investigationsU.K.

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(1)Her Majesty may by Order in Council make—

(a)provision to enable orders equivalent to those under Part 8 to be made, and warrants equivalent to those under Part 8 to be issued, for the purposes of an external investigation;

(b)provision creating offences in relation to external investigations which are equivalent to offences created by Part 8 [F1and section 453B] .

(2)An Order under this section may include—

(a)provision corresponding to any provision of Part 8 (subject to any specified modifications);

(b)provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers, [F2the Department of Justice in Northern Ireland,] [F3[F4the National Crime Agency or its officers], the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, F5...] the Director of the Serious Fraud Office, constables and customs officers;

(c)provision about evidence (including evidence required to establish whether an investigation is being carried out in a country or territory outside the United Kingdom).

(3)[F6But an Order under this section must not provide for a disclosure order to be made for the purposes of an external investigation into whether a money laundering offence has been committed.]

Textual Amendments

F1Words in s. 445(1)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 24(3), 58(1)(6); S.I. 2018/78, reg. 3(i)

F3Words in s. 445(2)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 139; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F4Words in s. 445(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 150; S.I. 2013/1682, art. 3(v)

F6S. 445(3) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 84; S.I. 2018/78, reg. 5(1)(e)

Commencement Information

I1S. 445 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.