The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021

PART 3 Amendment of the 2013 Order

Introduction

36.  The 2013 Order is amended in accordance with this Part.

Words preceding article 1 and article 1 heading

37.—(1) For the words “GENERAL” preceding article 1 substitute—

“PART A1

Introduction”

(2) Insert as the heading of article 1 “Citation, commencement and extent”.

Article 1(2) (extent)

38.  For article 1(2) substitute—

“(2) Part 1 extends to England and Wales and Northern Ireland only.”.

Article 2 (interpretation)

39.  In article 2—

(a) in paragraph (1)(b) and (c) omit “in England and Wales,”;

(b) in paragraph (11)(b) and (c) omit “(in England and Wales)”;

(c) in paragraph (12), in the definition of “enforcement authority”—

(i) omit “(in relation to England and Wales)”;

(ii) for paragraph (e) substitute—

“(e) the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland);”.

Article 3 (scope of Part 1)

40.  In article 3(1) and (2) omit “in England and Wales”.

Article 4 (action on receipt of request in relation to an external investigation)

41.  In article 4(1) and (2) omit “or (in England and Wales)”.

Article 13 (search and seizure warrants)

42.  In article 13(5) omit in both places it occurs “(in England and Wales)”.

Article 14 (requirements where production order not available)

43.  In article 14(8) omit in both places it occurs “(in England and Wales)”.

Article 21A (unexplained wealth orders)

44.  In article 21A—

(a) in the heading omit “(England and Wales)”;

(b) in paragraph (2) omit “in England and Wales”.

Article 21B (requirements for making of unexplained wealth order)

45.  In article 21B—

(a) in paragraph (4)(b)(i) for “England and Wales” substitute “a part of the United Kingdom”;

(b) in paragraph (8)(a)—

(i) for “in England and Wales” substitute “in a part of the United Kingdom”;

(ii) for “section 2” substitute “sections 2, 2A and 3”;

(iii) omit the words “(involvement” to the end.

Article 21E (statements)

46.  In article 21E(2)—

(a) in sub-paragraphs (a) and (b)—

(i) for “Part 2” substitute “Part 2 or 4”;

(ii) after “Wales” insert “or Northern Ireland”;

(b) in sub-paragraph (c) after “1911” insert “or Article 10 of the Perjury (Northern Ireland) Order 1979(1)”.

Article 21GA (supplementary: Northern Ireland)

47.  After article 21G insert—

“Supplementary: Northern Ireland

21GA.— (1) An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—

(a) the enforcement authority, or

(b) the respondent.

(2) The High Court in Northern Ireland—

(a) may discharge the order;

(b) may vary the order.”.

Article 21I (variation and discharge of interim freezing order)

48.  In article 21I—

(a) in paragraph (6)(d) for “in England and Wales” substitute “in the part of the United Kingdom in which the interim freezing order concerned is made”;

(b) in paragraph (9)(a) after “article 8” insert “or 95”.

Article 21J (exclusions)

49.  In article 21J(6)(b) for “, be made available” to the end substitute—

“—

(i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii) be funded by the Legal Services Agency Northern Ireland.”.

Article 21M (powers of receivers appointed under article 21L)

50.  In article 21M(4)(a) and (5) for “in England and Wales” substitute “(in England and Wales or, as the case may be, Northern Ireland)”.

Article 46B (requirements for making of unexplained wealth order: Scotland)

51.  In article 46B—

(a) in paragraph (4)(b)(i) for “Scotland” substitute “in a part of the United Kingdom”;

(b) in paragraph (8)(a)—

(i) for “Scotland” substitute “in a part of the United Kingdom”;

(ii) for “section 2A” substitute “sections 2, 2A and 3”;

(iii) omit the words “(involvement” to the end.

(1)

S.I. 1979/1714 (N.I. 19).