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Version Superseded: 27/04/2017
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(1)An application for a customer information 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 customer information orders.
(3)An application to discharge or vary a customer information order may be made to the court by—
(a)the 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.
(5)If an accredited financial investigator, [F1a [F2National Crime Agency officer],] a constable or [F3an officer of Revenue and Customs] [F4or an immigration officer] applies for a customer information order, an application to discharge or vary the order need not be by the same accredited financial investigator, [F2National Crime Agency officer], constable or [F5officer of Revenue and Customs] [F6or immigration officer].
(6)References to a person who applied for a customer information order must be construed accordingly.
(7)An accredited financial investigator, [F7a [F2National Crime Agency officer],] a constable or [F8an officer of Revenue and Customs] [F9or an immigration officer] may not make an application for a customer information order or an application to vary such an order unless he is a senior appropriate officer or he is authorised to do so by a senior appropriate officer.
(8)Subsections (2) to (6) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation.
Textual Amendments
F1Words in s. 369(5) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 111(2)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F2Words in s. 369 substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 141; S.I. 2013/1682, art. 3(v)
F3Words in s. 369(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(2)(a)
F4Words in s. 369(5) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 35(2)(a) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F5Words in s. 369(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(2)(b)
F6Words in s. 369(5) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 35(2)(b) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
F7Words in s. 369(7) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 111(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F8Words in s. 369(7) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(3)
F9Words in s. 369(7) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 35(3) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
Commencement Information
I1S. 369 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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