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Part VIU.K. Confiscation of the Proceeds of an Offence

Modifications etc. (not altering text)

C1Part VI (ss. 71 to 103) modified: (29.12.1991) by S.I. 1991/2873, art. 3(2), Sch. 2; and (1.9.1995) by S.I. 1995/1968, art. 2(1)

C2Part VI (ss. 71 to 103) applied (1.11.1995) by 1995 c. 11, s. 15(3); S.I. 1995/2650, art. 2

Miscellaneous and supplementalE+W+S

100 Power to inspect Land Register, etc.E+W

(1)The Chief Land Registrar (in this section referred to as “the registrar”) shall, on an application under subsection (2) or (4) below made in relation to a person specified in the application or to property so specified, provide the applicant with any information kept by the registrar under the M1Land Registration Act 1925 which relates to the person or property so specified.

(2)An application may be made by—

(a)any police officer not below the rank of superintendent;

(b)any Crown Prosecutor; or

(c)any member of the Serious Fraud Office designated for the purposes of section 1 of the M2Criminal Justice Act 1987; or

(d)any person commissioned by the Commissioners of Customs and Excise not below the rank of senior executive officer; or

(e)any person authorised in that behalf by the Commissioners of Inland Revenue not below the rank of senior executive officer;

and on an application under this subsection an appropriate certificate shall be given to the registrar.

(3)In subsection (2) above “appropriate certificate” means a certificate—

(a)that a person specified in the certificate has committed or that there are reasonable grounds for suspecting that a person so specified has committed an offence to which this Part of this Act applies; and

(b)that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to be of substantial value (whether by itself or together with other information) to an investigation into whether the person so specified has benefited from the commission of the offence or in facilitating the recovery of the value of the property obtained by that person from or in connection with the offence.

(4)An application may be made by a receiver appointed under this Part of this Act and on an application under this subsection there shall be given to the registrar—

(a)a document certified by the proper officer of the court to be a true copy of the order appointing the receiver; and

(b)a certificate that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to facilitate the exercise of the powers conferred on the receiver in respect of the person or property specified in the application.

(5)The reference in subsection (1) above to the provision of information is a reference to its provision in documentary form.

(6)The references to senior executive officers in subsection (2) above include references to equivalent departmental grades.

(7)This section shall cease to have effect on the day appointed under section 3(2) of the M3Land Registration Act 1988 for the coming into force of that Act.

Marginal Citations