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Proceeds of Crime Act 2002

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335 Appropriate consentE+W+S+N.I.

This section has no associated Nodiadau Esboniadol

(1)The apropriate consent is—

(a)the consent of a nominated officer to do a prohibited act if an authorised disclosure is made to the nominated officer;

(b)the consent of a constable to do a prohibited act if an authorised disclosure is made to a constable;

(c)the consent of a customs officer to do a prohibited act if an authorised disclosure is made to a customs officer.

(2)A person must be treated as having the appropriate consent if—

(a)he makes an authorised disclosure to a constable or a customs officer, and

(b)the condition in subsection (3) or the condition in subsection (4) is satisfied.

(3)The condition is that before the end of the notice period he does not receive notice from a constable or customs officer that consent to the doing of the act is refused.

(4)The condition is that—

(a)before the end of the notice period he receives notice from a constable or customs officer that consent to the doing of the act is refused, and

(b)the moratorium period has expired.

(5)The notice period is the period of seven working days starting with the first working day after the person makes the disclosure.

(6)The moratorium period is the period of 31 days starting with the day on which the person receives notice that consent to the doing of the act is refused.

[F1(6A)Subsection (6) is subject to—

(a)section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and

(b)section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).]

(7)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure.

(8)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

[F2(8A)Subsection (8) is subject to—

(a)section 336A, which enables the moratorium period to be extended by court order in accordance with that section, and

(b)section 336C, which provides for an automatic extension of the moratorium period in certain cases (period extended if it would otherwise end before determination of application or appeal proceedings etc).]

(9)A nominated officer is a person nominated to receive disclosures under section 338.

(10)Subsections (1) to (4) apply for the purposes of this Part.

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Amendments (Textual)

F1S. 335(6A) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(2), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

F2S. 335(8A) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 10(3), 58(1)(6); S.I. 2017/991, reg. 2(a) (with reg. 3(1))

Modifications etc. (not altering text)

Commencement Information

I1S. 335 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

Yn ôl i’r brig

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