Proceeds of Crime Act 2002

351 Supplementary E+W+N.I.

(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.

[F1 (5) If an accredited financial investigator, [F2 a [F3 National Crime Agency officer],] a constable or [F4 an officer of Revenue and Customs] [F5 or 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, [F3 National Crime Agency officer], constable or [F6 officer of Revenue and Customs] [F7 or immigration officer].]

[F1 (5) An application to discharge or vary a production order or an order to grant entry need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description).

(5A) If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (5) to an appropriate officer of the same description is to another accredited financial investigator of that description.]

(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 [F8 or an exploitation proceeds investigation] F9 ....

Textual Amendments

F1 S. 351(5)(5A) substituted for s. 351(5) (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 46; S.I. 2018/78, reg. 5(1)(e)

F2 Words 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)

F3 Words 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)

F4 Words in s. 351(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 11(a)

F5 Words 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)

F6 Words in s. 351(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 11(b)

F7 Words 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)

F8 Words 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

F9 Words in s. 351(8) repealed (22.11.2014 for specified purposes, 1.6.2015 for E.W.S. in so far as not already in force, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(5), 116(1), Sch. 8 Pt. 5; S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

Commencement Information

I1 S. 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)