Part 5Civil recovery of the proceeds etc. of unlawful conduct

F1CHAPTER 3BForfeiture of money held in certain accounts

Freezing of certain accounts

303Z2Restrictions on making of application under section 303Z1

(1)

The power to apply for an account freezing order is not exercisable if the money in relation to which the enforcement officer's suspicion exists is less in amount than the minimum amount.

(2)

An enforcement officer may not apply for an account freezing order unless the officer is a senior officer or is authorised to do so by a senior officer.

(3)

The power to apply for an account freezing order is not exercisable by an SFO officer, or by an accredited financial investigator, in relation to an account maintained with a branch of a F2relevant financial institution that is in Scotland.

(4)

For the purposes of this Chapter, a “senior officer” is —

(a)

an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

(b)

a senior police officer,

(c)

the Director of the Serious Fraud Office,

(d)

the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or

(e)

an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State F3or the Welsh Ministers under section 453.

(5)

In subsection (4), a “senior police officer” means a police officer of at least the rank of inspector.