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The Proceeds of Crime (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Investigation powers

2.—(1) A financial investigator may by notice in writing require any person who he has reason to believe has information which appears to the investigator to relate to any matter relevant to the investigation to attend before the investigator at a specified place either forthwith or at a specified time and answer questions or otherwise furnish information which appears to the investigator to relate to the investigation.

(2) A financial investigator may by notice in writing require any person who he has reason to believe has information which appears to the investigator to relate to any matter relevant to the investigation to furnish specified information which appears to the investigator to relate to the investigation within a specified time or such further time as the investigator may allow and in a specified manner or in such other manner as the investigator may allow.

(3) A financial investigator may by notice in writing require any person who he has reason to believe has information which appears to the investigator to relate to any matter relevant to the investigation to produce at a specified place and either forthwith or at a specified time any specified documents—

(a)which are in his possession, custody or power; or

(b)to which he has access; or

(c)of which he may obtain a copy,

and which appear to the investigator to relate to the investigation or any documents of a specified class which appear to the investigator to relate to any such matter.

(4) If any documents are produced pursuant to a notice under sub-paragraph (3) the financial investigator may—

(a)take copies of or abstracts from them; or

(b)require the person producing them to provide an explanation of them; or

(c)retain them if he has reasonable grounds for believing that they might otherwise be concealed, lost, damaged, altered or destroyed.

(5) If any documents are not produced pursuant to a notice under sub-paragraph (3) the financial investigator may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

3.—(1) Where it appears to a financial investigator that a specified person may have benefited from any conduct to which Article 49 applies the investigator may by notice in writing require any person carrying on the business of banking (“the bank”) to furnish specified information to the investigator within a specified time and in a specified manner.

(2) The information which may be specified under sub-paragraph (1) is whether during a specified period, the bank held any account or safe deposit box in Northern Ireland—

(a)in the name of the specified person; or

(b)in the joint names of the specified person and any other person; or

(c)in any other name which it appears to the investigator that the specified person may have used; or

(d)in the name of any company, firm or partnership in which it appears to the investigator that the specified person has or had an interest.

(3) Where the bank identifies an account or safe deposit box as mentioned in sub-paragraph (2), the bank shall furnish to the investigator—

(a)the full name of the account or box holder;

(b)the most recent and all known previous addresses of the account or box holder;

(c)the number of the account or box;

(d)the date on which the account was opened or box made available;

(e)the date on which the account was closed or box facility ceased;

(f)the date of birth (if known) of the account or box holder; and

(g)other evidence of identity of the account or box holder obtained in accordance with the provisions of the [SI 1993/1933.] Money Laundering Regulations 1993.

(4) The Secretary of State may, by regulations, amend sub-paragraph (3) by T adding to, or deleting from, the information required to be furnished to a financial investigator under that sub-paragraph.

(5) In this paragraph—

“account” means a current, deposit, loan, mortgage or any other kind of account;

“safe deposit box” includes any procedure under which the bank provides a facility to hold items for safe keeping on behalf of another person;

“any person carrying on the business of banking” means—

(a)

an institution authorised under the [1987 c. 22.] Banking Act 1987 or a municipal bank within the meaning of that Act;

(b)

a building society within the meaning of the [1986 c. 53.] Building Societies Act 1986;

(c)

a society registered under the [1985 NI 12.] Credit Unions (Northern Ireland) Order 1985 as a credit union;

(d)

a society registered under the [1969 c. 24 (N.I.).] Industrial and Provident Societies Act (Northern Ireland) 1969;

(e)

a friendly society within the meaning of the [1992 c. 40.] Friendly Societies Act 1992.

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