Part 8Miscellaneous

Chapter 2Other

Border controls

I199Powers in relation to cash

1

After section 164 of the Customs and Excise Management Act 1979 (c. 2) (general powers etc: powers to search persons) insert—

164APowers to search for cash

1

The provisions of this Act which fall within subsection (2) (search powers for officers of Revenue and Customs etc.) apply in accordance with subsection (3)—

a

for the purposes of searching for cash—

i

which is recoverable property or is intended by any person for use in unlawful conduct; and

ii

the amount of which is not less than the minimum amount;

b

for the purposes of searching for cash to ensure compliance with the Cash Control Regulation; or

c

for purposes connected to any such purposes.

2

The provisions of this Act which fall within this subsection are—

a

section 28(1) (powers of access etc.);

b

section 77(1) and (2) (information powers);

c

section 159(1) to (4) (powers to examine and take account of goods); and

d

section 164 (power to search persons including intimate searches).

3

Those provisions apply for the purposes mentioned in subsection (1) as if—

a

any reference in them to goods included a reference to cash; and

b

in section 164(1)—

i

the reference to an article were a reference to cash; and

ii

paragraphs (a) and (b) were omitted.

4

The Treasury may by regulations provide for—

a

any provision of this Act to apply with modifications for the purposes of the provisions applied by subsections (1) to (3), or

b

any other enactment to apply, with or without modifications, for the purposes of the provisions so applied.

5

This section does not limit the scope of any powers that exist apart from this section (whether under this Act or otherwise).

6

In this section—

  • “the 2002 Act” means the Proceeds of Crime Act 2002;

  • “cash”—

    1. a

      so far as relating to purposes falling within subsection (1)(a) above, has the meaning given by section 289(6) and (7) of the 2002 Act; and

    2. b

      so far as relating to purposes falling within subsection (1)(b) above, has the same meaning as in the Cash Control Regulation;

  • “the Cash Control Regulation” means Regulation (EC) No. 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community;

  • “minimum amount” has the meaning given by section 303 of the 2002 Act;

  • “modifications” includes omissions;

  • “recoverable property” has the meaning given by section 316(1) of the 2002 Act;

  • “unlawful conduct” has the meaning given by section 241 of the 2002 Act.

2

In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement powers exercisable)—

a

after “member States;” at the end of paragraph (b) omit “or”, and

b

after “Kingdom” at the end of paragraph (c) insert

; or

d

searching for cash that is recoverable property or intended for use in unlawful conduct

3

In section 4(5) of that Act (interpretation)—

a

after “In this section—”, insert—

“cash” has the meaning given by section 289(6) and (7) of the Proceeds of Crime Act 2002;

b

after “Economic Community;” omit “and”, and

c

after “1979;” insert—

“recoverable property” has the same meaning as in section 316(1) of the Proceeds of Crime Act 2002; and

“unlawful conduct” has the same meaning as in section 241 of that Act;

4

After section 105(5) of the Postal Services Act 2000 (c. 26) (application of customs and excise enactments to certain postal packets) insert—

6

And in this section “goods” includes cash (within the meaning of section 289(6) and (7) of the Proceeds of Crime Act 2002).