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Proceeds of Crime Act 2002
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Proceeds of Crime Act 2002, Section 396G is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(5)(a)(iia) inserted by 2015 c. 30 Sch. 5 para. 15(3)(d)
- s. 323(1)(hc) inserted by 2023 c. 20 Sch. para. 45(2)
- s. 323(4)(ec) inserted by 2023 c. 20 Sch. para. 45(3)
- s. 323(5)(ec) inserted by 2023 c. 20 Sch. para. 45(4)
[F1396GDisclosure of information, copying of documents, etcS
This section has no associated Explanatory Notes
(1)An unexplained wealth order does not confer the right to require a person to answer any question, provide any information or produce any document which the person would be entitled to refuse to answer, provide or produce on grounds of legal privilege.
(2)An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).
(3)The Scottish Ministers may take copies of any documents produced by the respondent [F2or any specified responsible officer] in connection with complying with the requirements imposed by an unexplained wealth order.
(4)Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an investigation of a kind mentioned in section 341 in relation to the property in respect of which the unexplained wealth order is made.
(5)But if the Scottish Ministers have reasonable grounds to believe that the documents—
(a)may need to be produced for the purposes of any legal proceedings, and
(b)might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.]
Textual Amendments
F1Ss. 396A-396I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 4, 58(1)(6); S.I. 2018/78, reg. 3(a)
F2Words in s. 396G(3) inserted (15.5.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), ss. 46(10), 69(1); S.I. 2022/519, regs. 1(3), 2
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