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

Giving an account forfeiture notice to a child or a protected person E+W+N.I.

6.—(1) Where the intended recipient of an account forfeiture notice is known to be a child who is not also a protected person, the account forfeiture notice must be given to the child and to—

(a) one of the child's parents or guardians, or

(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the intended recipient of an account forfeiture notice is known to be a protected person, the account forfeiture notice must be given to the protected person and—

(a) where the protected person is resident in England and Wales, to one of the following persons—

(i) the attorney under a registered enduring power of attorney that relates to the protected person;

(ii) the donee of a lasting power of attorney that relates to the protected person;

(iii) the deputy appointed in relation to the protected person by the Court of Protection;

(b) where the protected person is resident in Northern Ireland, to one of the following persons—

(i) the attorney under a registered enduring power of attorney that relates to the protected person;

(ii) the controller appointed in relation to the protected person by the Office of Care and Protection;

(c) where the protected person is resident in Scotland, to one of the following persons—

(i) the continuing attorney under a continuing power of attorney that relates to the protected person;

(ii) the welfare attorney under a welfare power of attorney that relates to the protected person;

(iii) the person authorised under an intervention order in respect of the protected person;

(iv) the person authorised under a guardianship order in respect of the protected person;

(v) the person authorised under a withdrawal certificate in respect of the funds of the protected person.

(3) If there is no person falling within a description in paragraph (2)(a), (b) or (c), as applicable, the account forfeiture notice must be given to an adult with whom the protected person resides or in whose care the protected person is (as well as to the protected person).

(4) Any reference in these Regulations to a person to whom an account forfeiture notice is to be given includes the person to be given the account forfeiture notice in addition to a child or protected person under paragraphs (1) to (3).