Proceeds of Crime Act 2002

362 Supplementary E+W+N.I.

(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 [F1 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.

[F2 [F3 (4A) If a [F4 National 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 [F4 National Crime Agency officer] or (as the case may be) the same person falling within that description.]

[F2 (4A) An application to discharge or vary a disclosure order need not be made by the same appropriate officer or (as the case may be) the same National Crime Agency officer that applied for the order (but must be made by an appropriate officer of the same description or (as the case may be) by another National Crime Agency officer).

(4AA) 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 (4A) to an appropriate officer of the same description is to another accredited financial investigator of that description.]

(4B) References to a person who applied for a disclosure order must be construed accordingly.]

(5) Subsections (2) to [F5 (4B)] do not apply to orders made in England and Wales for the purposes of a civil recovery investigation [F6 or an exploitation proceeds investigation].

[F7 (6) An appropriate officer may not make an application for a disclosure order, or an application for the discharge or variation of such an order, unless the officer is a senior appropriate officer or is authorised to do so by a senior appropriate officer.]

Textual Amendments

F1 Words 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)

F2 S. 362(4A)(4AA) substituted for s. 362(4A) (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), ss. 7(4)(a), 58(1)(6); S.I. 2018/78, reg. 3(b)

F3 S. 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)

F4 Words 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)

F5 Word 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)

F6 Words 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

F7 S. 362(6) inserted (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), ss. 7(4)(b), 58(1)(6); S.I. 2018/78, reg. 3(b)

Commencement Information

I1 S. 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)