(1)An application for a disclosure order 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 disclosure orders.
(3)An application to discharge or vary a disclosure order may be made to the court by—
(a)the [F1person 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.
[F2(4A)If a [F3National Crime Agency officer] or a person falling within a description of persons specified by virtue of section 357(9) applies for a disclosure order, an application to discharge or vary the order need not be by the same [F3National Crime Agency officer] or (as the case may be) the same person falling within that description.
(4B)References to a person who applied for a disclosure order must be construed accordingly.]
(5)Subsections (2) to [F4(4B)] do not apply to orders made in England and Wales for the purposes of a civil recovery investigation [F5or an exploitation proceeds investigation].
Textual Amendments
F1Words in s. 362(3)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F2S. 362(4A)(4B) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F3Words in s. 362(4A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 140; S.I. 2013/1682, art. 3(v)
F4Word in s. 362(5) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 110(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F5Words in s. 362(5) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 15 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
Commencement Information
I1S. 362 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)