The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018

Other amendments consequential on articles 7 and 8

9.—(1) In article 1(2) (extent of Part 1), after “only” insert “, except for articles 21A to 21P which extend to England and Wales only.”.

(2) In article 2 (interpretation)—

(a) After paragraph (7) insert—

“(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(1).”.

(b) After paragraph (11) insert—

“(12) For the purposes of this Part—

“enforcement authority” means (in relation to England and Wales)—

(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)

the Director of Public Prosecutions;

“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).”.

(1)

2005 c. 5. Section 620 was amended by paragraph 552 of Schedule 1 to the Income Tax Act 2007 (c. 3) and by S.I. 2012/964.