The Administrative Forfeiture of Cash (Forfeiture Notices) (England and Wales) (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Administrative Forfeiture of Cash (Forfeiture Notices) (England and Wales) Regulations 2015 (S.I. 2015/857) to provide for the manner in which a forfeiture notice under section 297A of the Proceeds of Crime Act 2002 (c. 29) is to be given to a person who resides outside the United Kingdom if the state in which the person resides has made a relevant declaration. The forfeiture notice is to be given in the same manner that a judicial document is to be given under a relevant declaration unless the state in which the person resides agrees that the forfeiture notice may be sent directly to the person. In that case, the forfeiture notice must be given to the person in accordance with regulation 4.

For the purpose of these Regulations, a relevant declaration is—

(a) a declaration made in accordance with Article 31(2) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism agreed at Warsaw on 16th May 2005 (CETS 198) that judicial documents may not be sent directly to persons abroad by postal channels; or

(b) a declaration made in accordance with Article 21(2) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime agreed at Strasbourg on 8th November 1990 (ETS 141) that judicial documents may not be sent directly to persons abroad by postal channels.

An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.