Part 8Investigations

C1Chapter 2England and Wales and Northern Ireland

Annotations:
Modifications etc. (not altering text)
C1

Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

Disclosure orders

I1357 Disclosure orders

1

A judge may, on an application made to him by F19the relevant authority, make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.

2

No application for a disclosure order may be made in relation to a F5detained cash investigation F17, a detained property investigation F15or a frozen funds investigationF15, a frozen funds investigation or a cryptoasset investigationF21....

F112A

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3

The application for a disclosure order must state that—

a

a person specified in the application is subject to a confiscation investigation which is being carried out by F1an appropriate officer and the order is sought for the purposes of the investigation, or

b

F10a person specified in the application or property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigationF2, or

F16ba

a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, or

c

a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.

4

A disclosure order is an order authorising F4an appropriate officer to give to any person F9the appropriate officer considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—

a

answer questions, either at a time specified in the notice or at once, at a place so specified;

b

provide information specified in the notice, by a time and in a manner so specified;

c

produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

5

Relevant information is information (whether or not contained in a document) which F8the appropriate officer concerned considers to be relevant to the investigation.

6

A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.

F207

In this Part “relevant authority” means—

a

in relation to a confiscation investigation, F13an appropriate officer; and

b

in relation to a civil recovery investigation, F3a Financial Conduct Authority officer, a F12National Crime Agency officerF7, an officer of Revenue and Customs or the relevant Director F6; and

F18ba

in relation to a money laundering investigation, an appropriate officer, and

c

in relation to an exploitation proceeds investigation, a F12National Crime Agency officer.

F148

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F149

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