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

I1362 Supplementary

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 F4person 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.

F6F24A

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).

F24AA

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 F3or an exploitation proceeds investigation.

F16

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.