(1)An application for a production order or an order to grant entry may be made ex parte to a judge in chambers.
(2)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to production orders and orders to grant entry.
(3)An application to discharge or vary a production order or an order to grant entry may be made to the court by—
(a)the person who applied for the order;
(b)any person affected by the order.
(4)The court—
(a)may discharge the order;
(b)may vary the order.
(5)If an accredited financial investigator, [F1a [F2National Crime Agency officer],] a constable or [F3an officer of Revenue and Customs] [F4or an immigration officer] applies for a production order or an order to grant entry, an application to discharge or vary the order need not be by the same accredited financial investigator, [F2National Crime Agency officer], constable or [F5officer of Revenue and Customs] [F6or immigration officer].
(6)References to a person who applied for a production order or an order to grant entry must be construed accordingly.
(7)Production orders and orders to grant entry have effect as if they were orders of the court.
(8)Subsections (2) to (7) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation [F7or an exploitation proceeds investigation] [F8or a detained cash investigation].
Textual Amendments
F1Words in s. 351(5) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 104(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F2Words in s. 351(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 136; S.I. 2013/1682, art. 3(v)
F3Words in s. 351(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 11(a)
F4Words in s. 351(5) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 30(a) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F5Words in s. 351(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 11(b)
F6Words in s. 351(5) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 30(b) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F7Words in s. 351(8) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 9 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
F8Words in s. 351(8) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 6; S.I. 2008/755, art. 17(1)(d)(ii)
Commencement Information
I1S. 351 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)