Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
F1Unexplained wealth orders
Ss. 362A-362I and cross-heading inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 1, 58(1)(6) (as amended (N.I.) (31.12.2020) by S.I. 2019/742, regs. 1, 109(2); 2020 c. 1, Sch. 5 para. 1(1)); S.I. 2018/78, reg. 3(a); S.I. 2021/724, reg. 2(1)(a)
362GDisclosure of information, copying of documents, etc
1
An unexplained wealth order has effect in spite of any restriction on the disclosure of information (however imposed).
2
But subsections (1) to (5) of section 361 (rights in connection with privileged information, questions and material) apply in relation to requirements imposed by an unexplained wealth order as they apply in relation to requirements imposed under a disclosure order.
3
The enforcement authority may take copies of any documents produced by the respondent F2or any specified responsible officer in connection with complying with the requirements imposed by an unexplained wealth order.
4
Documents so produced may also be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with an investigation of a kind mentioned in section 341 in relation to the property in respect of which the unexplained wealth order is made.
5
But if the enforcement authority has reasonable grounds to believe that the documents—
a
may need to be produced for the purposes of any legal proceedings, and
b
might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
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)