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The Proceeds of Crime Act 2002 (External Investigations) Order 2013
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Changes to legislation:
The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Section 15 is up to date with all changes known to be in force on or before 26 December 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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Changes and effects yet to be applied to Article 15:
- art. 21A(2A) inserted by S.I. 2024/1127 art. 16(1)(a)
- art. 21A(9) inserted by S.I. 2024/1127 art. 16(1)(e)
- art. 21B(3)(a) words in art. 21B(3) renumbered as art. 21B(3)(a) by S.I. 2024/1127 art. 16(2)(b)
- art. 21B(3)(b) and word inserted by S.I. 2024/1127 art. 16(2)(c)
- art. 21Q inserted by S.I. 2024/1127 art. 17
- art. 46A(2A) inserted by S.I. 2024/1127 art. 18(1)(a)
- art. 46A(8) inserted by S.I. 2024/1127 art. 18(1)(e)
- art. 46B(3)(a) words in art. 46B(3) renumbered as art. 46B(3)(a) by S.I. 2024/1127 art. 18(2)(b)
- art. 46B(3)(b) and word inserted by S.I. 2024/1127 art. 18(2)(c)
- art. 46S inserted by S.I. 2024/1127 art. 19
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 21A(2A) inserted by S.I. 2024/1127 art. 16(1)(a)
- art. 21A(9) inserted by S.I. 2024/1127 art. 16(1)(e)
- art. 21B(3)(a) words in art. 21B(3) renumbered as art. 21B(3)(a) by S.I. 2024/1127 art. 16(2)(b)
- art. 21B(3)(b) and word inserted by S.I. 2024/1127 art. 16(2)(c)
- art. 21Q inserted by S.I. 2024/1127 art. 17
- art. 46A(2A) inserted by S.I. 2024/1127 art. 18(1)(a)
- art. 46A(8) inserted by S.I. 2024/1127 art. 18(1)(e)
- art. 46B(3)(a) words in art. 46B(3) renumbered as art. 46B(3)(a) by S.I. 2024/1127 art. 18(2)(b)
- art. 46B(3)(b) and word inserted by S.I. 2024/1127 art. 18(2)(c)
- art. 46S inserted by S.I. 2024/1127 art. 19
Further provisions: generalE+W+N.I.
This section has no associated Explanatory Memorandum
15.—(1) This article applies to search and seizure warrants sought for the purposes of an external investigation.
(2) An application for a warrant may be made ex parte to a High Court judge in chambers.
(3) A warrant may be issued subject to conditions.
(4) A search and seizure warrant does not confer the right to seize privileged material.
(5) Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.
(6) A search and seizure warrant does not confer the right to seize excluded material.
(7) A warrant continues in force until the end of the period of one month starting with the day on which it is issued.
(8) A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the external investigation, to be produced in a form—
(a)in which it can be taken away, and
(b)in which it is visible and legible.
(9) A warrant may include provision authorising a person who is exercising powers under it to do other things which—
(a)are specified in the warrant, and
(b)need to be done in order to give effect to it.
(10) Copies may be taken of any material seized under a warrant.
(11) Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the external investigation.
(12) But if the appropriate officer has reasonable grounds for believing that—
(a)the material may need to be produced for the purposes of any legal proceedings, and
(b)it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(13) Material seized under a warrant may be sent to the overseas authority which made the request for assistance or to the Secretary of State for forwarding to that overseas authority.
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