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Proceeds of Crime Act 2002

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[F167 Seized moneyE+W

This section has no associated Nodiadau Esboniadol

(1)This section applies to money which—

(a)is held by a person, and

(b)is held in an account maintained by him with a bank or a building society.

(2)This section also applies to money which is held by a person and which—

[F2(a)has been seized by a constable under section 19 of the Police and Criminal Evidence Act 1984 (c. 60) (general power of seizure etc), and

(b)is held in an account maintained by a police force with a bank or a building society.]

[F2(a)has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and

(b)is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.]

[F3(2A)But this section applies to money only so far as the money is free property.]

(3)[F4This section also applies to money which is held by a person and which—

(a)has been seized by a customs officer under section 19 of the 1984 Act as applied by order made under section 114(2) of that Act, and

(b)is held in an account maintained by the Commissioners of Customs and Excise with a bank or a building society.]

[F5(5)If—

(a)a confiscation order is made against a person holding money to which this section applies, and

(b)a receiver has not been appointed under section 50 in relation to the money,

a magistrates' court may order the [F6bank or building society] [F6appropriate person] to pay the money to the designated officer for the court on account of the amount payable under the confiscation order.]

[F7(5A)[F8Where this section applies to money which is held in an account maintained with a bank or building society,] A person applying for an order under subsection (5) must give notice of the application to the bank or building society with which the account is held.

(5B)In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court—

(a)may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 10A, and

(b)must have regard to that determination in deciding what is the appropriate order to make.]

(6)If a bank or building society fails to comply with an order under subsection (5)—

(a)the magistrates’ court may order it to pay an amount not exceeding £5,000, and

(b)for the purposes of the Magistrates’ Courts Act 1980 (c. 43) the sum is to be treated as adjudged to be paid by a conviction of the court.

(7)In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a).

[F9(7A)The Secretary of State may by order amend this section so that it applies [F10by virtue of subsection (1)] not only to money held in an account maintained with a bank or building society but also to—

(a)money held in an account maintained with a financial institution of a specified kind, or

(b)money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.

(7B)An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.]

[F11(8)For the purposes of this section—

(a)a bank is a deposit-taking business within the meaning of the Banking Act 1987 (c. 22);

(b)building society” has the same meaning as in the Building Societies Act 1986 (c. 53).]

[F11(8)In this section—

  • appropriate person” means—

    (a)

    in a case where the money is held in an account maintained with a bank or building society, the bank or building society;

    (b)

    in any other case, the person on whose authority the money is detained;

  • bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

  • building society” has the same meaning as in the Building Societies Act 1986;

  • relevant seizure power” means a power to seize money conferred by or by virtue of—

    (a)

    a warrant granted under any enactment or rule of law, or

    (b)

    any enactment, or rule of law, under which the authority of a warrant is not required.]

[F12(9)In the definition of “bank” in subsection (8), “authorised deposit-taker” means—

(a)a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)a person who—

(i)is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)accepts deposits;

(c)an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(10)A reference in subsection (9) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.]]

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Amendments (Textual)

F1Ss. 47A-47S and cross-heading inserted (22.11.2014 for the insertion of ss. 47A, 47G, 47S(1)-(5) for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 55(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)

F2S. 67(2)(a)(b) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(2), 58(1)(6)

F3S. 67(2A) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(3), 58(1)(6)

F4S. 67(3) omitted (27.4.2017 for specified purposes) by virtue of Criminal Finances Act 2017 (c. 22), ss. 26(4), 58(1)(6)

F5S. 67(5) substituted for s. 67(4)(5) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(1), 88(1); S.I. 2015/820, reg. 3(j)

F6Words in s. 67(5) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(5), 58(1)(6)

F7S. 67(5A)(5B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(2), 88(1); S.I. 2015/820, reg. 3(j)

F8Words in s. 67(5A) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(6), 58(1)(6)

F9S. 67(7A)(7B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(3), 88(1); S.I. 2015/820, reg. 3(j)

F10Words in s. 67(7A) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(7), 58(1)(6)

F11S. 67(8) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(8), 58(1)(6)

F12S. 67(9)(10) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 26(9), 58(1)(6)

Modifications etc. (not altering text)

C1Pt. 2 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 8(5A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(2)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.)

C2Pt. 2 applied by Police and Criminal Evidence Act 1984 (c. 60), ss. 56(5B), 58(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 14(2)(3); S.I. 2003/333, art. 2, Sch.)

Commencement Information

I1S. 67 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.

Yn ôl i’r brig

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