4A

Subsection (4) is subject to section 13(5) of the Criminal Finances Act 2017 (which provides that, in the case of property obtained through unlawful conduct relating to a gross human rights abuse or violation, proceedings cannot be brought after the end of the period of 20 years from the date on which the conduct constituting the commission of the abuse or violation occurs).

e

Her Majesty's Revenue and Customs, or

f

the Financial Conduct Authority.

4ZB

This section applies to the following orders made by a magistrates' court in England and Wales or Northern Ireland—

a

an account freezing order made under section 303Z3 of the Proceeds of Crime Act 2002;

b

an order for the forfeiture of money made under section 303Z14 of that Act;

c

an account freezing order made under paragraph 10S of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001;

d

an order for the forfeiture of money made under paragraph 10Z2 of that Schedule.

other than an order of any of the following kinds—

i

a freezing order of the kind mentioned in paragraph (a) or (c) of subsection (4ZB) made (in Scotland) by the sheriff (in addition to such orders made by a magistrates' court in England and Wales or Northern Ireland);

ii

an order for the making of an interim payment;

iii

an interim order made in connection with the civil recovery of proceeds of unlawful conduct;

iv

an interim freezing order under section 362J of the Proceeds of Crime Act 2002;

v

an interim freezing order under section 396J of that Act.

Restrictions on release

9A

Cash is not to be released under any power or duty conferred or imposed by this Schedule (and so is to continue to be detained)—

a

if an application for its forfeiture under paragraph 6, or for its release under paragraph 9, is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;

b

if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cash is connected, until the proceedings are concluded.

8A

If any cash is detained under this Schedule and part only of the cash is forfeited in pursuance of a cash forfeiture notice, this paragraph has effect in relation to the other part.

PART 4DProceedings under this Schedule

Powers for prosecutors to appear in proceedings

10Z9

1

The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a person mentioned in sub-paragraph (2) in proceedings under this Schedule if the Director—

a

is asked by, or on behalf of, the person to do so, and

b

considers it appropriate to do so.

2

The persons referred to in sub-paragraph (1) are—

a

a constable;

b

a counter-terrorism financial investigator;

c

the Commissioners for Her Majesty's Revenue and Customs;

d

an officer of Revenue and Customs;

e

an immigration officer.

3

The Director of Public Prosecutions may authorise a person (generally or specifically) to carry out the functions of the Director under sub-paragraph (1) if the person is—

a

a member of the Director's staff;

b

a person providing services under arrangements made by the Director.

4

The Director of Public Prosecutions and the Director of Public Prosecutions for Northern Ireland may charge fees for the provision of services under this paragraph.

7A

If—

a

an order is made under section 303Q instead of an order being made under section 303O for the forfeiture of recoverable property, and

b

the enforcement authority subsequently seeks a recovery order in respect of related property,

the order under section 303Q is to be treated for the purposes of this section as if it were a recovery order obtained by the enforcement authority in respect of the property that was the forfeitable property in relation to the order under section 303Q.

6A

But the duty in subsection (6) does not apply if, during the course of exercising the powers conferred by section 289, the relevant officer seizes property by virtue of section 303J and the property so seized is detained for more than 48 hours (calculated in accordance with section 303K(5)).

2A

An application for an order for the further detention of any property to which subsection (3) applies may not be made under section 303L unless the appropriate court gives leave.

2B

An application for the making of an account freezing order under section 303Z3 in respect of an account in which is held money to which subsection (3) applies, or an application under section 303Z4 for the extension of the period specified in such an order, may not be made unless the appropriate court gives leave.

10

References (in Chapter 3B) to an account being operated by or for a person are to be read in accordance with section 303Z1(3)(b).

1A

Where an application is made to extend a moratorium period under section 336A, a person does not commit an offence under section 333A if—

a

the disclosure is made to a customer or client of the person,

b

the customer or client appears to the person making the disclosure to have an interest in the relevant property, and

c

the disclosure contains only such information as is necessary for the purposes of notifying the customer or client that the application under section 336A has been made.

“Moratorium period” and “relevant property” have the meanings given in section 336D.

3B

For the purposes of this Part a detained property investigation is an investigation for the purposes of Chapter 3A of Part 5 into—

a

the derivation of property detained under that Chapter, or a part of such property, or

b

whether property detained under that Chapter, or a part of such property, is intended by any person to be used in unlawful conduct.

3C

For the purposes of this Part a frozen funds investigation is an investigation for the purposes of Chapter 3B of Part 5 into—

a

the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”) or of a part of such money, or

b

whether money held in a frozen account, or a part of such money, is intended by any person to be used in unlawful conduct.

bc

in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property;

bd

in the case of a detained property investigation into the intended use of property, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

be

in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property;

bf

in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

7C

In the case of a detained property investigation into the derivation of property, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7D

In the case of a detained property investigation into the intended use of property, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7E

In the case of a frozen funds investigation into the derivation of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7F

In the case of a frozen funds investigation into the intended use of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

5

An application to discharge or vary a customer information order need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description).

5A

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 (5) to an appropriate officer of the same description is to another accredited financial investigator of that description.

ba

in relation to an application or request made for the purposes of a detained property investigation, evidence as to a matter described in section 341(3B)(a) or (b);

bb

in relation to an application or request made for the purposes of a frozen funds investigation, evidence as to a matter described in section 341(3C)(a) or (b);

g

Financial Conduct Authority officers.

2A

The Secretary of State must also consult the Treasury about the draft in its application to functions that Financial Conduct Authority officers have under this Chapter.

bc

in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property;

bd

in the case of a detained property investigation into the intended use of property, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

be

in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property;

bf

in the case of a frozen funds investigation into the intended use of money held in a frozen account, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

7C

In the case of a detained property investigation into the derivation of property, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7D

In the case of a detained property investigation into the intended use of property, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7E

In the case of a frozen funds investigation into the derivation of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

7F

In the case of a frozen funds investigation into the intended use of money held in a frozen account, material falls within this subsection if it cannot be identified at the time of the application but it—

a

relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

b

is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

c

in relation to an application or request made for the purposes of a detained property investigation, evidence as to a matter described in section 341(3B)(a) or (b);

d

in relation to an application or request made for the purposes of a frozen funds investigation, evidence as to a matter described in section 341(3C)(a) or (b);

detained property investigation: section 341(3B)

frozen funds investigation: section 341(3C)

3B

In relation to an order in England and Wales or Northern Ireland that is an interim freezing order or an unexplained wealth order, references to the enforcement authority are to the enforcement authority that is seeking, or (as the case may be) has obtained, the order.

7ZA

“Settlement” has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005.

i

the Financial Conduct Authority.

i

the Financial Conduct Authority.

aza

regulations under section 303B(2), 303G(5), 303W(10), 303Y(2), 303Z8(2) or 303Z18(10);

6ZA

No regulations may be made by the Scottish Ministers under section 131ZA(7) unless a draft of the regulations has been laid before and approved by a resolution of the Scottish Parliament.

6ZB

No regulations may be made by the Secretary of State under section 303B(2), 303G(5), 303W(10), 303Y(2), 303Z8(2) or 303Z18(10) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

7BA

No regulations may be made by the Department of Justice under section 303W(10) or 303Z18(10) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.