The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024

Unexplained wealth orders (Scotland)

18.—(1) In article 46A (unexplained wealth orders)—

(a) after paragraph (2), insert—

“(2A) In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).”;

(b) in paragraph (3), in the opening words, after “the respondent” insert “or any responsible officer specified in the order (a “specified responsible officer”)”;

(c) in paragraph (5)—

(i) after “requiring the respondent” insert “or any specified responsible officer”;

(ii) for “require the respondent” substitute “require them”;

(d) in paragraph (6), after “respondent” insert “or any specified responsible officer”;

(e) after paragraph (7), insert—

“(8) For the purposes of this Part, each of the following is a “responsible officer” of the respondent (in a case where the respondent is not an individual)—

(a) any director of the respondent, including any person occupying the position of a director, by whatever name called;

(b) any member of a body of the respondent equivalent to a board of directors;

(c) any other manager, secretary or similar officer of the respondent;

(d) where the respondent is a partnership, a partner or a member of the partnership;

(e) any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.”.

(2) In article 46B(3) (requirements for making of unexplained wealth orders)—

(a) after “suspecting that” insert “—”;

(b) renumber the words from “that the known” to the end as sub-paragraph (a);

(c) at the end of sub-paragraph (a), as so renumbered, insert—

“, or

(b) that the property has been obtained through unlawful conduct (within the meaning given by section 242 of the Proceeds of Crime Act 2002)”.

(3) In article 46C (non-compliance with an unexplained wealth order)—

(a) in paragraph (1), for “the respondent fails” substitute “the respondent and the specified responsible officer (if any), between them, fail”;

(b) in paragraph (2), for “the respondent is” substitute “the respondent and the specified responsible officer (if any) are”;

(c) in paragraph (3), after “respondent” insert “or the specified responsible officer (if any)”.

(4) In article 46D(1)(a) (compliance or purported compliance with an unexpected wealth order), for “the respondent complies, or purports to comply, with the” substitute “the respondent and the specified responsible officer (if any) between them comply, or purport to comply, with all of the”.

(5) In article 46F(3) (disclosure of information, copying of documents etc), after “the respondent” insert “or any specified responsible officer”.