- Latest available (Revised)
- Point in Time (01/04/2003)
- Original (As enacted)
Point in time view as at 01/04/2003.
Proceeds of Crime Act 2002,
Chapter 4
is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Criminal conduct is conduct which—
(a)constitutes an offence in any part of the United Kingdom, or
(b)would constitute an offence in any part of the United Kingdom if it occurred there.
(2)A person benefits from conduct if he obtains property or a pecuniary advantage as a result of or in connection with the conduct.
(3)References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other.
(4)If a person benefits from conduct his benefit is the property or pecuniary advantage obtained as a result of or in connection with the conduct.
(5)It is immaterial—
(a)whether conduct occurred before or after the passing of this Act, and
(b)whether property or a pecuniary advantage constituting a benefit from conduct was obtained before or after the passing of this Act.
Commencement Information
I1S. 413 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)Property is all property wherever situated and includes—
(a)money;
(b)all forms of property, real or personal, heritable or moveable;
(c)things in action and other intangible or incorporeal property.
(2)“Recoverable property” and “associated property” have the same meanings as in Part 5.
(3)The following rules apply in relation to property—
(a)property is obtained by a person if he obtains an interest in it;
(b)references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
(c)references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
(d)references to an interest, in relation to property other than land, include references to a right (including a right to possession).
Commencement Information
I2S. 414 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)An offence under section 327, 328 or 329 is a money laundering offence.
(2)Each of the following is a money laundering offence—
(a)an attempt, conspiracy or incitement to commit an offence specified in subsection (1);
(b)aiding, abetting, counselling or procuring the commission of an offence specified in subsection (1).
Commencement Information
I3S. 415 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)These expressions are to be construed in accordance with these provisions of this Part—
civil recovery investigation: section 341(2) and (3)
confiscation investigation: section 341(1)
money laundering investigation: section 341(4)
(2)In the application of this Part to England and Wales and Northern Ireland, these expressions are to be construed in accordance with these provisions of this Part—
account information: section 370(4)
account monitoring order: section 370(6)
appropriate officer: section 378
customer information: section 364
customer information order: section 363(5)
disclosure order: section 357(4)
document: section 379
order to grant entry: section 347(3)
production order: section 345(4)
search and seizure warrant: section 352(4)
senior appropriate officer: section 378.
(3)In the application of this Part to Scotland, these expressions are to be construed in accordance with these provisions of this Part—
account information: section 404(5)
account monitoring order: section 404(7)
customer information: section 398
customer information order: section 397(6)
disclosure order: section 391(4)
production order: section 380(5)
proper person: section 412
search warrant: section 387(4).
(4)“Financial institution” means a person carrying on a business in the regulated sector.
(5)But a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under—
(a)a customer information order, or
(b)an account monitoring order,
to provide information which relates to a time when the person was a financial institution.
(6)References to a business in the regulated sector must be construed in accordance with Schedule 9.
(7)“Recovery order”, “interim receiving order” and “interim administration order” have the same meanings as in Part 5.
(8)References to notice in writing include references to notice given by electronic means.
(9)This section and sections 413 to 415 apply for the purposes of this Part.
Commencement Information
I4S. 416 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: