- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/04/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 20/07/2018
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Proceeds of Crime Act 2002, Section 303Z1 is up to date with all changes known to be in force on or before 03 June 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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(1)This section applies if an enforcement officer has reasonable grounds for suspecting that money held in an account maintained with a bank or building society—
(a)is recoverable property, or
(b)is intended by any person for use in unlawful conduct.
(2)Where this section applies (but subject to section 303Z2) the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held.
(3)For the purposes of this Chapter—
(a)an account freezing order is an order that, subject to any exclusions (see section 303Z5), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account;
(b)an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account.
(4)An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Chapter to forfeit money that is recoverable property or intended by any person for use in unlawful conduct.
(5)The money referred to in subsection (1) may be all or part of the credit balance of the account.
(6)In this Chapter—
“bank” has the meaning given by section 303Z7;
“building society” has the same meaning as in the Building Societies Act 1986;
“enforcement officer” means—
an officer of Revenue and Customs,
a constable,
an SFO officer, or
an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State under section 453;
“the minimum amount” has the meaning given by section 303Z8;
“relevant court”—
in England and Wales and Northern Ireland, means a magistrates' court, and
in Scotland, means the sheriff.]
Textual Amendments
F1Pt. 5 Ch. 3B inserted (27.4.2017 for specified purposes, 30.1.2018 for the insertion of ss. 303Z2(4), 303Z10 for E.W.S. so far as not already in force, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 16, 58(1)(6); S.I. 2018/78, regs. 2(b), 3(d)
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