SCHEDULES
C1SCHEDULE 2FINANCIAL INVESTIGATIONS
Investigation powers
F43A
1
Where it appears to a financial investigator that a specified person may have benefited fromF1 his criminal conduct the investigator may by notice in writing require any solicitor to furnish specified information to the investigator within a specified time and in a specified manner.
F21A
For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.
2
The information which may be specified under sub-paragraph (1) is whether at any time during a specified period the specified person was a client of the solicitor in respect of—
a
any land or business;
b
a company, firm, partnership or trust;
c
a bank or other account; or
d
any assets in the nature of investments, being assets of the specified person.
3
Where the specified person was a client as mentioned in sub-paragraph (2), the solicitor shall furnish to the investigator—
a
the full name of the client;
b
the most recent and all known previous addresses of the client;
c
the date of birth (if known) of the client;
d
other evidence of identity of the client obtained in accordance with the Money Laundering Regulations 1993; and
e
specified details of the nature of any transaction relating to any matter mentioned in that sub-paragraph.
F34
In its application by virtue of Article 49(1B), this paragraph shall have effect as if—
a
for references to a financial investigator there were substituted references to the Director of the Assets Recovery Agency;
b
in sub-paragraphs (1) and (1A) for “benefited from his criminal conduct” there were substituted “obtained property through unlawful conduct”; and
c
in paragraph (1A) for “Part 4” there were substituted “Part 5”.
5
Where this paragraph applies by virtue of Article 49 (1B), then—
a
paragraphs 4(2), 5 and 6 apply for the purposes of this paragraph with the modification mentioned in sub-paragraph (4)(a); and
b
paragraphs 7 and 8 do not apply for those purposes.
Sch. 2: transfer of functions from Secretary of State to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)