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The Proceeds of Crime Act 2002 (External Investigations) Order 2013
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- UK Statutory Instruments
- 2013 No. 2605
- PART 1
- Article 21A
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Changes over time for: Section 21A
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- 12/11/2018- Amendment
- 28/06/2021- Amendment
- 28/06/2021
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The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Section 21A is up to date with all changes known to be in force on or before 27 December 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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[F1Unexplained wealth orders F2...E+W+N.I.
This section has no associated Explanatory Memorandum
21A.—(1) The High Court may, on an application made by an enforcement authority (see article 2(12) (interpretation)), make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for making the order is fulfilled.
(2) An application for the order must—
(a)specify or describe the property in respect of which the order is sought, and
(b)specify the person F3... whom the enforcement authority thinks holds the property (“the respondent”).
(3) An application for an unexplained wealth order may be made without notice.
(4) An unexplained wealth order is an order requiring the respondent to provide a statement—
(a)setting out the nature and extent of the respondent’s interest in the property in respect of which the order is made,
(b)explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),
(c)where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and
(d)setting out such other information in connection with the property as may be so specified.
(5) The order must specify—
(a)the form and manner in which the statement is to be given,
(b)the person to whom it is to be given, and
(c)the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.
(6) The order may, in connection with requiring the respondent to provide the statement mentioned in paragraph (4), also require the respondent to produce documents of a kind specified or described in the order.
(7) The respondent must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).
(8) For the purposes of this article and article 21B (requirements for making of unexplained wealth order), property is held by a person if that person holds an interest in it (see also article 21G (holding of property: trusts and company arrangements etc.)).]
Textual Amendments
F1Arts. 21A-21G inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 7
F2Words in art. 21A heading omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 44(a)
F3Words in art. 21A(2) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 44(b)
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