Proceeds of Crime Act 2002 (c. 29)

Part 6 U.K. Revenue Functions

Modifications etc. (not altering text)

C1 Pt. 6: power to repeal conferred (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 102; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Inheritance tax functions U.K.

322 [F1 SOCA's] functions: certain settlements U.K.

(1) For the purposes of this section the qualifying condition is that [F2 SOCA] has reasonable grounds to suspect that—

(a) all or part of the property comprised in a settlement is relevant property for the purposes of Chapter 3 of Part 3 of the Inheritance Tax Act 1984 (settlements without interest in possession), and

(b) the relevant property is (in whole or part) criminal property.

(2) If the qualifying condition is satisfied [F3 SOCA] may serve on the Board a notice which—

(a) specifies the settlement concerned,

(b) states that [F3 SOCA] intends to carry out the Revenue inheritance tax functions in relation to the settlement, and

(c) states the period for which [F4 SOCA] intends to carry them out.

(3) Service of a notice under subsection (2) vests in [F5 SOCA] the Revenue inheritance tax functions in relation to the settlement for the period.

(4) [F6 SOCA] —

(a) may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);

(b) must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.

(5) Service of a notice under subsection (4) divests [F7 SOCA] of the Revenue inheritance tax functions in relation to the settlement for the period.

(6) The vesting of a function in [F8 SOCA] under this section does not divest the Board or an officer of the Board of the function.

(7) It is immaterial whether the settlement is commenced or a charge to tax arises or a period or any part of it falls before or after the passing of this Act.

Textual Amendments

F1 Word in s. 322 heading substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2 Word in s. 322(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F3 Word in s. 322(2) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(4)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F4 Word in s. 322(2)(c) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(4)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F5 Word in s. 322(3) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(5); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F6 Word in s. 322(4) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(6); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F7 Word in s. 322(5) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(7); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F8 Word in s. 322(6) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 98(8); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I1 S. 322 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)