C1Part 7Money Laundering
Interpretation
I1C1340C1 Interpretation
1
This section applies for the purposes of this Part.
2
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.
3
Property is criminal property if—
a
it constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or part and whether directly or indirectly), and
b
the alleged offender knows or suspects that it constitutes or represents such a benefit.
4
It is immaterial—
a
who carried out the conduct;
b
who benefited from it;
c
whether the conduct occurred before or after the passing of this Act.
5
A person benefits from conduct if he obtains property as a result of or in connection with the conduct.
6
If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.
7
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.
8
If a person benefits from conduct his benefit is the property obtained as a result of or in connection with the conduct.
9
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.
10
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).
11
Money laundering is an act which—
a
constitutes an offence under section 327, 328 or 329,
C2b
constitutes an attempt, conspiracy or incitement to commit an offence specified in paragraph (a),
c
constitutes aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a), or
d
would constitute an offence specified in paragraph (a), (b) or (c) if done in the United Kingdom.
12
For the purposes of a disclosure to a nominated officer—
a
references to a person’s employer include any body, association or organisation (including a voluntary organisation) in connection with whose activities the person exercises a function (whether or not for gain or reward), and
b
references to employment must be construed accordingly.
13
F114
“Deposit-taking body” means—
a
a business which engages in the activity of accepting deposits, or
b
the National Savings Bank.
F415
“Further information order” means an order made under section 339ZH.
Pt. 7 applied (24.2.2003) by Proceeds of Crime Act 2002 (Crown Servants) Regulations 2003 (S.I. 2003/173), regs. 1, 3