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Proceeds of Crime Act 2002
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Changes over time for: Section 365
Version Superseded: 01/06/2015
Alternative versions:
- 24/02/2003- Amendment
- 01/04/2003- Amendment
- 15/01/2012
Point in time - 01/06/2015- Amendment
- 01/02/2017- Amendment
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Proceeds of Crime Act 2002, Section 365 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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365 Requirements for making of customer information orderE+W+N.I.
This section has no associated Explanatory Notes
(1)These are the requirements for the making of a customer information order.
(2)In the case of a confiscation investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has benefited from his criminal conduct.
(3)In the case of a civil recovery investigation, there must be reasonable grounds for suspecting that—
(a)the property specified in the application for the order is recoverable property or associated property;
(b)the person specified in the application holds all or some of the property.
(4)In the case of a money laundering investigation, there must be reasonable grounds for suspecting that the person specified in the application for the order has committed a money laundering offence.
(5)In the case of any investigation, there must be reasonable grounds for believing that customer information which may be provided in compliance with the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.
(6)In the case of any investigation, there must be reasonable grounds for believing that it is in the public interest for the customer information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.
Modifications etc. (not altering text)
C1S. 365 applied (with modifications) (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 28(5)
Commencement Information
I1S. 365 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)
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