The Proceeds of Crime Act 2002 (External Investigations) Order 2013

Changes over time for: Section 2

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The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Section 2 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 2:

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

InterpretationE+W+N.I.

This section has no associated Explanatory Memorandum

2.—[F1(1) An “appropriate officer” means—

(a)an NCA officer;

(b)F2... an FCA officer;

(c)F3... an officer of Revenue and Customs;

(d)a relevant Director.]

(2) “Document”, “excluded material” and “premises” have the same meanings as in the Police and Criminal Evidence Act 1984(1) or (in relation to Northern Ireland) the Police and Criminal Evidence (Northern Ireland) Order 1989(2).

(3) “Financial institution” means a person carrying on a business in the regulated sector.

(4) But a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 to the Proceeds of Crime Act 2002(3) or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under—

(a)a customer information order, or

(b)an account monitoring order,

to provide information which relates to a time when the person was a financial institution.

(5) References in this Part to a business in the regulated sector must be construed in accordance with Schedule 9 to the Proceeds of Crime Act 2002.

[F4(5A) “FCA” means the Financial Conduct Authority and “an FCA officer” is a member of the staff of the FCA.]

(6) “NCA” means National Crime Agency.

(7) A “relevant Director”—

(a)in relation to England and Wales, means the Director of Public ProsecutionsF5... or the Director of the Serious Fraud Office; and

(b)in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.

[F6(7A) “Settlement” (in relation to unexplained wealth orders and interim freezing orders) has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005.]

(8) For the purposes of this Part—

(a)anything which the Director of Public Prosecutions, F7... or the Director of the Serious Fraud Office, is authorised or required to do under, or in relation to, this Part may be done by a member of their staff if the member of staff is authorised by the Director concerned (generally or specifically) for that purpose,

(b)anything which a relevant Director, or a member of their staff, is authorised or required to do under, or in relation to, this Part may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose.

(9) But paragraph (8)(b) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland.

(10) References to notice in writing include references to notice given by electronic means.

[F8(11) A “senior appropriate officer” means—

(a)in relation to an NCA officer, the Director General of the NCA or any NCA officer authorised by the Director General (whether generally or specifically) for this purpose;

(b)in relation to an FCA officer F9..., an FCA officer who is not below such grade as is designated by the Treasury for the purposes of this Order; and

(c)in relation to an officer of Revenue and Customs F10..., the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.]

[F11(12) For the purposes of this Part—

“enforcement authority” means F12...—

(a)

the National Crime Agency;

(b)

Her Majesty’s Revenue and Customs;

(c)

the FCA;

(d)

the Director of the Serious Fraud Office, or

(e)

[F13the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland);]

“external request” has the same meaning as in article 21H (unexplained wealth order: application for interim freezing order);

“interim freezing order” has the same meaning as in article 21H;

“requesting party” has the same meaning as in article 21C(5) (non-compliance with an unexplained wealth order);

“respondent” has the same meaning as in article 21A(2)(b) (unexplained wealth orders);

“response period” has the same meaning as in article 21C(5);

“unexplained wealth order” has the same meaning as in article 21A(4).]

Textual Amendments

F1Art. 2(1) substituted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 10(a)

F2Words in art. 2(1)(b) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 39(a)

F3Words in art. 2(1)(c) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 39(a)

F4Art. 2(5A) inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 10(b)

F5Words in art. 2(7)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 3 para. 38(2)