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The Proceeds of Crime Act 2002 (External Investigations) Order 2013
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Changes to legislation:
The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Section 37 is up to date with all changes known to be in force on or before 26 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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Changes and effects yet to be applied to Article 37:
- art. 21A(2A) inserted by S.I. 2024/1127 art. 16(1)(a)
- art. 21A(9) inserted by S.I. 2024/1127 art. 16(1)(e)
- art. 21B(3)(a) words in art. 21B(3) renumbered as art. 21B(3)(a) by S.I. 2024/1127 art. 16(2)(b)
- art. 21B(3)(b) and word inserted by S.I. 2024/1127 art. 16(2)(c)
- art. 21Q inserted by S.I. 2024/1127 art. 17
- art. 46A(2A) inserted by S.I. 2024/1127 art. 18(1)(a)
- art. 46A(8) inserted by S.I. 2024/1127 art. 18(1)(e)
- art. 46B(3)(a) words in art. 46B(3) renumbered as art. 46B(3)(a) by S.I. 2024/1127 art. 18(2)(b)
- art. 46B(3)(b) and word inserted by S.I. 2024/1127 art. 18(2)(c)
- art. 46S inserted by S.I. 2024/1127 art. 19
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 21A(2A) inserted by S.I. 2024/1127 art. 16(1)(a)
- art. 21A(9) inserted by S.I. 2024/1127 art. 16(1)(e)
- art. 21B(3)(a) words in art. 21B(3) renumbered as art. 21B(3)(a) by S.I. 2024/1127 art. 16(2)(b)
- art. 21B(3)(b) and word inserted by S.I. 2024/1127 art. 16(2)(c)
- art. 21Q inserted by S.I. 2024/1127 art. 17
- art. 46A(2A) inserted by S.I. 2024/1127 art. 18(1)(a)
- art. 46A(8) inserted by S.I. 2024/1127 art. 18(1)(e)
- art. 46B(3)(a) words in art. 46B(3) renumbered as art. 46B(3)(a) by S.I. 2024/1127 art. 18(2)(b)
- art. 46B(3)(b) and word inserted by S.I. 2024/1127 art. 18(2)(c)
- art. 46S inserted by S.I. 2024/1127 art. 19
Scope of Part 2S
This section has no associated Explanatory Memorandum
37.—(1) This Part has effect for the purpose of enabling the Scottish Ministers to assist in an external investigation by obtaining orders and warrants from the court.
(2) The powers conferred by this Part are exercisable in relation to [F1a person or property subject to an external investigation] only if the Scottish Ministers believe paragraph (3) applies in relation to—
(a)the country or territory of the overseas authority carrying out the external investigation, and
(b)Scotland.
(3) This paragraph applies if—
(a)a criminal investigation in connection with the [F2person or] property has not begun,
(b)a criminal investigation in connection with the [F3person or] property has begun but it is unlikely criminal proceedings will be brought, or
(c)criminal proceedings brought in connection with the [F4person or] property have been concluded without an order having been made in relation to the [F4person or] property.
(4) Criminal proceedings against a person are taken to be concluded if—
(a)a plea of guilty is recorded against the person,
(b)the person is acquitted,
(c)the person is pardoned,
(d)the proceedings against the person are deserted simpliciter,
(e)the person is convicted and does not appeal against the conviction before the expiry of the time period allowed for such an appeal,
(f)the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed,
(g)the indictment or complaint falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation.
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this article, references to the court are to—
(a)the Court of Session in relation to applications for disclosure orders [F6, unexplained wealth orders and interim freezing orders,]
(b)the sheriff in relation to applications for production orders, search warrants, customer information orders and account monitoring orders.
Textual Amendments
F1Words in art. 37(2) substituted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(2)
F2Words in art. 37(3)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(a)
F3Words in art. 37(3)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(b)
F4Words in art. 37(3)(c) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 15(3)(c)
F5Art. 37(5) omitted (12.11.2018) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 12(a)
F6Words in art. 37(6)(a) 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), 12(b)
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