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The Proceeds of Crime (Northern Ireland) Order 1996

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Changes over time for: Section 3A

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Changes to legislation:

The Proceeds of Crime (Northern Ireland) Order 1996, Section 3A is up to date with all changes known to be in force on or before 11 December 2019. 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. Help about Changes to Legislation


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Changes and effects yet to be applied to Schedule 2 Paragraph 3A:

[F13A.(1) Where it appears to a financial investigator that a specified person may have benefited from[F2 his criminal conduct] the investigator may by notice in writing require any solicitor to furnish specified information to the investigator within a specified time and in a specified manner.N.I.

[F3(1A) For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.]

(2) The information which may be specified under sub-paragraph (1) is whether at any time during a specified period the specified person was a client of the solicitor in respect of—

(a)any land or business;

(b)a company, firm, partnership or trust;

(c)a bank or other account; or

(d)any assets in the nature of investments, being assets of the specified person.

(3) Where the specified person was a client as mentioned in sub-paragraph (2), the solicitor shall furnish to the investigator—

(a)the full name of the client;

(b)the most recent and all known previous addresses of the client;

(c)the date of birth (if known) of the client;

(d)other evidence of identity of the client obtained in accordance with the Money Laundering Regulations 1993; and

(e)specified details of the nature of any transaction relating to any matter mentioned in that sub-paragraph.

[F4(4) In its application by virtue of Article 49(1B), this paragraph shall have effect as if—

(a)for references to a financial investigator there were substituted references to [F5a [F6National Crime Agency officer] or a relevant Director (within the meaning of Article 49(5))];

(b)in sub-paragraphs (1) and (1A) for “benefited from his criminal conduct” there were substituted “obtained property through unlawful conduct”; and

(c)in paragraph (1A) for “Part 4” there were substituted “Part 5”.

(5) Where this paragraph applies by virtue of Article 49 (1B), then—

(a)paragraphs 4(2), 5 and 6 apply for the purposes of this paragraph with the modification mentioned in sub-paragraph (4)(a); and

(b)paragraphs 7 and 8 do not apply for those purposes.]]

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