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The Proceeds of Crime Act 2002 (External Investigations) Order 2013
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The Proceeds of Crime Act 2002 (External Investigations) Order 2013, Section 49 is up to date with all changes known to be in force on or before 02 February 2025. 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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49.—(1) This article applies to search warrants sought for the purposes of an external investigation.
(2) A search warrant does not confer the right to seize any items subject to legal privilege.
(3) A warrant may be issued subject to conditions.
(4) A warrant continues in force until the end of the period of one month starting with the day on which it is issued.
(5) A warrant authorises the person executing it to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which a proper person believes relates to any matter relevant to the external investigation, to be produced in a form—
(a)in which it can be taken away, and
(b)in which it is visible and legible.
(6) A warrant may include provision authorising the person executing it to do other things which—
(a)are specified in the warrant, and
(b)need to be done in order to give effect to it.
(7) Copies may be taken of any material seized under a warrant.
(8) Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the external investigation.
(9) But if the Scottish Ministers have reasonable grounds for believing that—
(a)the material may need to be produced for the purposes of any legal proceedings, and
(b)it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(10) Material seized under a warrant must be sent to the Secretary of State for forwarding to the overseas authority that made the request for assistance.
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