Application of Article 23 of the 1989 OrderI14

1

Article 23 of the 1989 Order (access and copying) applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation F1, a detained cash investigation, a detained property investigation F5, a frozen funds investigation or a cryptoasset investigation , with the modifications made by this article.

2

In paragraph (1), for the words from the beginning to “after F4the making of this Order ” substitute “An appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) who seizes anything under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, a money laundering investigation F2, a detained cash investigation, a detained property investigation F6, a frozen funds investigation or a cryptoasset investigation ”.

3

In paragraph (2), for “constable” substitute “appropriate person”.

4

In paragraph (3)—

a

in sub-paragraph (a), for “a constable” substitute “an appropriate person”;

b

in sub-paragraph (b), for “police for the purpose of investigating an offence” substitute “appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

c

insert “appropriate” before “officer” the first time that word appears; and

d

for “a constable” where it appears at the end of the paragraph, substitute “an appropriate officer”.

5

In paragraph (4)—

a

insert “appropriate” before “officer” the first time that word appears; and

b

in sub-paragraph (a) for “a constable” substitute “an appropriate officer”.

6

In paragraph (5) for “a constable” substitute “an appropriate person”.

7

In paragraph (8)—

a

before “officer” insert “appropriate”;

b

for sub-paragraph (b) substitute—

b

the investigating of an offence; or

F3c

F7in paragraph (c) after “proceedings” insert “(including proceedings related to the making of a confiscation order) or any proceedings under Chapter 2, 3 or any of Chapters 3A to 3F of Part 5 of the Proceeds of Crime Act 2002”.

8

In paragraph (9) for “a constable” substitute “an appropriate person” both times it appears.