Part 8Investigations

Chapter 2England and Wales and Northern Ireland

Production orders

351 Supplementary

(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)

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 F2or an exploitation proceeds investigation F3....