Proceeds of Crime Act 2002
Part 1Introductory
1 The Agency and its Director
2 Director’s functions: general
2AContribution to the reduction of crime
2BThe National Crime Agency and its officers
2CProsecuting authorities
3 Accreditation and training
4 Co-operation
5 Advice and assistance
Part 2Confiscation: England and Wales
Confiscation orders
6 Making of order
7 Recoverable amount
8 Defendant’s benefit
9 Available amount
10 Assumptions to be made in case of criminal lifestyle
10ADetermination of extent of defendant's interest in property
11 Time for payment
12 Interest on unpaid sums
13 Effect of order on court’s other powers
13AOrders for securing compliance with confiscation order
13BAppeals against orders under section 13A
Procedural matters
14 Postponement
15 Effect of postponement
16 Statement of information
17 Defendant’s response to statement of information
18 Provision of information by defendant
18AProvision of information as to defendant's interest in property
Reconsideration
19 No order made: reconsideration of case
20 No order made: reconsideration of benefit
21 Order made: reconsideration of benefit
22 Order made: reconsideration of available amount
23 Inadequacy of available amount: variation of order
24 Inadequacy of available amount: discharge of order
25 Small amount outstanding: discharge of order
25ARecovery from estate of deceased defendant impractical: discharge of order
26 Information
Defendant absconds
27 Defendant convicted or committed
28 Defendant neither convicted nor acquitted
29 Variation of order
30 Discharge of order
Appeals
31 Appeal by prosecutor etc ...
32 Court’s powers on appeal
33 Appeal to Supreme Court
Enforcement authority
34 Enforcement authority
Enforcement as fines etc
35 Enforcement as fines
36 Director appointed as enforcement authority
37 Director’s application for enforcement
38 Provisions about imprisonment or detention
39 Reconsideration etc: variation of prison term
Restraint orders
40 Conditions for exercise of powers
41 Restraint orders
41ARestraint orders: power to retain seized property etc.
42 Application, discharge and variation
43 Appeal to Court of Appeal
44 Appeal to Supreme Court
44ADetention of property pending appeal
45 Seizure
46 Hearsay evidence
47 Supplementary
Search and seizure powers
47ASections 47B to 47S: meaning of “appropriate officer”
47BConditions for exercise of powers
47CPower to seize property
47DSearch power: premises
47ESearch power: people
47FSearch power: vehicles
47G“Appropriate approval”
47HExercise of powers without judicial approval
47IReport by appointed person on exercise of powers
47JInitial detention of seized property
47KFurther detention pending making of restraint order
47LFurther detention pending variation of restraint order
47MFurther detention in other cases
47NDischarge, variation and lapse of detention order
47OAppeals
47PDetention of property pending section 47O appeal
47QHearsay evidence in detention order proceedings
47RRelease of property
Code of practice about search and seizure and detention of property
47SCodes of practice
Management receivers
48 Appointment
49 Powers
Enforcement receivers
50 Appointment
51 Powers
Director’s receivers
52 Appointment
53 Powers
Application of sums
54 Enforcement receivers
55 Sums received by designated officer
56 Director’s receivers
57 Sums received by Director
Restrictions
58 Restraint orders
59 Enforcement receivers
60 Director’s receivers
Receivers: further provisions
61 Protection
62 Further applications
63 Discharge and variation
64 Management receivers: discharge
65 Appeal to Court of Appeal
66 Appeal to Supreme Court
Seized money and personal property
67 Seized money
67ASeized personal property
67BCosts of storage and realisation
67CSections 67A and 67B: appeals
67DProceeds of realisation
Financial investigators
68 Applications and appeals
Exercise of powers
69 Powers of court and receiver etc.
Committal
70 Committal by magistrates’ court
71 Sentencing by Crown Court
Compensation
72 Serious default
73 Order varied or discharged
Enforcement abroad
74 Enforcement abroad
Interpretation
75 Criminal lifestyle
76 Conduct and benefit
77 Tainted gifts
78 Gifts and their recipients
79 Value: the basic rule
80 Value of property obtained from conduct
81 Value of tainted gifts
82 Free property
83 Realisable property
84 Property: general provisions
85 Proceedings
86 Applications
87 Confiscation orders
87ANo further possibility of appeal
88 Other interpretative provisions
General
89 Procedure on appeal to the Court of Appeal
90 Procedure on appeal to the Supreme Court
91 Crown Court Rules
Part 3Confiscation: Scotland
Confiscation orders
92 Making of order
93 Recoverable amount
94 Accused’s benefit
95 Available amount
96 Assumptions to be made in case of criminal lifestyle
97 Effect of order on court’s other powers
97BOrders for securing compliance with confiscation order
97CBreach of compliance order
97DAppeals against variation or discharge of compliance orders
98 Disposal of family home
Procedural matters
99 Postponement
100 Effect of postponement
101 Statement of information
102 Accused’s response to statement of information
103 Provision of information by accused
Reconsideration
104 No order made: reconsideration of case
105 No order made: reconsideration of benefit
106 Order made: reconsideration of benefit
107 Order made: reconsideration of available amount
108 Inadequacy of available amount: variation of order
109 Inadequacy of available amount: discharge of order
110 Information
Accused unlawfully at large
111 Conviction or other disposal of accused
112 Accused neither convicted nor acquitted
113 Variation of order
114 Discharge of order
Appeals
115 Appeal by prosecutor
Payment and enforcement
116 Time for payment
117 Interest on unpaid sums
118 Application of provisions about fine enforcement
Restraint orders etc
119 Conditions for exercise of powers
120 Restraint orders etc
120ARestraint orders: power to retain seized property etc.
121 Application, recall and variation
122 Appeals
122ADetention of property pending appeal
123 Inhibition of property affected by order
124 Arrestment of property affected by order
125 Management administrators
126 Seizure
127 Restraint orders: restriction on proceedings and remedies
Search and seizure powers
127ASections 127B to 127R: meaning of “appropriate officer”
127BConditions for exercise of powers
127CPower to seize property
127DSearch power: premises
127ESearch power: people
127FSearch power: vehicles
127G“Appropriate approval”
127HExercise of powers without judicial approval
127IReport by appointed person on exercise of powers
127JInitial detention of seized property
127KFurther detention pending making of restraint order
127LFurther detention pending variation of restraint order
127MFurther detention in other cases
127NDischarge, variation and lapse of detention order
127OAppeals
127PDetention of property pending section 127O appeal
127QRelease of property
Guidance about search and seizure and detention of property
127RGuidance by Lord Advocate
Realisation of property: general
128 Enforcement administrators
129 Management administrators: discharge
130 Application of sums by enforcement administrator
131 Sums received by clerk of court
Seized money
131ZASeized money
Seized personal property
131ASeized personal property
131BCosts of storage and realisation
131CSections 131A and 131B: appeals
131DProceeds of realisation
Exercise of powers
132 Powers of court and administrator etc
Administrators: general
133 Protection of administrators
134 Protection of persons affected
135 Recall and variation of order
136 Appeals
137 Administrators: further provision
138 Administrators: restriction on proceedings and remedies
Compensation
139 Serious default
140 Confiscation order varied or discharged
Enforcement abroad
141 Enforcement abroad
Interpretation
142 Criminal lifestyle
143 Conduct and benefit
144 Tainted gifts and their recipients
145 Value: the basic rule
146 Value of property obtained from conduct
147 Value of tainted gifts
148 Free property
149 Realisable property
150 Property: general provisions
151 Proceedings
152 Applications
153 Satisfaction of confiscation orders
153ANo further possibility of appeal
154 Other interpretative provisions
General
155 Rules of court
Part 4Confiscation: Northern Ireland
Confiscation orders
156 Making of order
157 Recoverable amount
158 Defendant’s benefit
159 Available amount
160 Assumptions to be made in case of criminal lifestyle
160ADetermination of extent of defendant's interest in property
161 Time for payment
162 Interest on unpaid sums
163 Effect of order on court’s other powers
163AOrders for securing compliance with confiscation order
163BAppeals against orders under section 163A
Procedural matters
164 Postponement
165 Effect of postponement
166 Statement of information
167 Defendant’s response to statement of information
168 Provision of information by defendant
168AProvision of information as to defendant's interest in property
Reconsideration
169 No order made: reconsideration of case
170 No order made: reconsideration of benefit
171 Order made: reconsideration of benefit
172 Order made: reconsideration of available amount
173 Inadequacy of available amount: variation of order
174 Inadequacy of available amount: discharge of order
175 Small amount outstanding: discharge of order
175ARecovery from estate of deceased defendant impractical: discharge of order
176 Information
Defendant absconds
177 Defendant convicted or committed
178 Defendant neither convicted nor acquitted
179 Variation of order
180 Discharge of order
Appeals
181 Appeal by prosecutor etc ...
182 Court’s powers on appeal
183 Appeal to Supreme Court
Enforcement authority
184 Enforcement authority
Enforcement as fines etc
185 Enforcement as fines etc
186 Director’s application for enforcement
187 Provisions about imprisonment or detention
188 Reconsideration etc: variation of prison term
Restraint orders
189 Conditions for exercise of powers
190 Restraint orders
190ARestraint orders: power to retain seized property
191 Application, discharge and variation
192 Appeal to Court of Appeal
193 Appeal to Supreme Court
193ADetention of property pending appeal
194 Seizure
195 Supplementary
Search and seizure powers
195ASections 195B to 195S: meaning of “appropriate officer”
195BConditions for exercise of powers
195CPower to seize property
195DSearch power: premises
195ESearch power: people
195FSearch power: vehicles
195G“Appropriate approval”
195HExercise of powers without judicial approval
195IReport by appointed person on exercise of powers
195JInitial detention of seized property
195KFurther detention pending making of restraint order
195LFurther detention pending variation of restraint order
195MFurther detention in other cases
195NDischarge, variation and lapse of detention order
195OAppeals
195PDetention of property pending section 195O appeal
195QHearsay evidence in detention order proceedings
195RRelease of property
Code of practice about search and seizure and detention of property: Secretary of State
195SCodes of practice : Secretary of State
195TCodes of practice: Department of Justice
Management receivers
196 Appointment
197 Powers
Enforcement receivers
198 Appointment
199 Powers
Director’s receivers
200 Appointment
201 Powers
Application of sums
202 Enforcement receivers
203 Sums received by chief clerk
204 Director’s receivers
205 Sums received by Director
Restrictions
206 Restraint orders
207 Enforcement receivers
208 Director’s receivers
Receivers: further provisions
209 Protection
210 Further applications
211 Discharge and variation
212 Management receivers: discharge
213 Appeal to Court of Appeal
214 Appeal to Supreme Court
Seized money and personal property
215 Seized money
215ASeized personal property
215BCosts of storage and realisation
215CSections 215A and 215B: appeals
215DProceeds of realisation
Financial investigators
216 Applications and appeals
Exercise of powers
217 Powers of court and receiver etc
Committal
218 Committal by magistrates’ court
219 Sentencing by Crown Court
Compensation
220 Serious default
221 Order varied or discharged
Enforcement abroad
222 Enforcement abroad
Interpretation
223 Criminal lifestyle
224 Conduct and benefit
225 Tainted gifts
226 Gifts and their recipients
227 Value: the basic rule
228 Value of property obtained from conduct
229 Value of tainted gifts
230 Free property
231 Realisable property
232 Property: general provisions
233 Proceedings
234 Applications
235 Confiscation orders
235ANo further possibility of appeal
236 Other interpretative provisions
General
237 Procedure on appeal to the Court of Appeal
238 Procedure on appeal to the
239 Crown Court Rules
Part 5Civil recovery of the proceeds etc. of unlawful conduct
Chapter 1Introductory
240 General purpose of this Part
241“Unlawful conduct”
241A“Gross human rights abuse or violation”
242“Property obtained through unlawful conduct”
Chapter 2Civil recovery in the High Court or Court of Session
Proceedings for recovery orders
243 Proceedings for recovery orders in England and Wales or Northern Ireland
244 Proceedings for recovery orders in Scotland
245“Associated property”
245ZANotice to local authority: Scotland
Property freezing orders (England and Wales and Northern Ireland)
245AApplication for property freezing order
245BVariation and setting aside of order
245CExclusions
245DRestriction on proceedings and remedies
245EReceivers in connection with property freezing orders
245FPowers of receivers appointed under section 245E
245GSupervision of section 245E receiver and variations
Interim receiving orders (England and Wales and Northern Ireland)
246 Application for interim receiving order
247 Functions of interim receiver
Property freezing orders and interim receiving orders: registration
248 Registration
249 Registration (Northern Ireland)
Interim receiving orders: further provisions
250 Duties of respondent etc.
251 Supervision of interim receiver and variation of order
252 Restrictions on dealing etc. with property
253 Restriction on proceedings and remedies
254 Exclusion of property which is not recoverable etc.
255 Reporting
Prohibitory property orders (Scotland)
255AApplication for prohibitory property order
255BVariation and recall of prohibitory property order
255CExclusions
255DRestriction on proceedings and remedies
255EArrestment of property affected by prohibitory property order
255FInhibition of property affected by prohibitory property order
255GReceivers in connection with prohibitory property orders
255HPowers of receivers appointed under section 255G
255ISupervision of PPO receiver and variations
Interim administration orders (Scotland)
256 Application for interim administration order
257 Functions of interim administrator
258 Inhibition of property affected by order
259 Duties of respondent etc.
260 Supervision of interim administrator and variation of order
261 Restrictions on dealing etc. with property
262 Restriction on proceedings and remedies
263 Exclusion of property which is not recoverable etc.
264 Reporting
265 Arrestment of property affected by interim administration order
Vesting and realisation of recoverable property
266 Recovery orders
267 Functions of the trustee for civil recovery
268 Recording of recovery order (Scotland)
269 Rights of pre-emption, etc.
269ALeases and occupancy rights: Scotland
270 Associated and joint property
271 Agreements about associated and joint property
272 Associated and joint property: default of agreement
273 Payments in respect of rights under pension schemes
274 Consequential adjustment of liabilities under pension schemes
275 Pension schemes: supplementary
276 Consent orders
277 Consent orders: pensions
278 Limit on recovery
279 Section 278: supplementary
280 Applying realised proceeds
Exemptions etc.
281 Victims of theft, etc.
282 Other exemptions
Scope of powers
282AScope of powers
Enforcement outside the United Kingdom
282BEnforcement abroad before recovery order: enforcement authority
282CEnforcement abroad before recovery order: receiver or administrator
282CAEnforcement abroad before recovery order: PPO receiver
282DEvidence overseas: interim receiver or interim administrator
282EEvidence overseas: restrictions on use
282FEnforcement abroad: after recovery order
Miscellaneous
283 Compensation
284 Payment of interim administrator or trustee (Scotland)
285 Effect on diligence of recovery order (Scotland)
286 Scope of powers (Scotland)
286ALegal expenses excluded from freezing: required conditions
286BLegal expenses: regulations for purposes of section 266(8B) or 286A(3)
287 Financial threshold
288 Limitation
Chapter 3Recovery of cash in summary proceedings
Searches
289 Searches
290 Prior approval
291 Report on exercise of powers
292 Code of practice
293 Code of practice (Scotland)
293ACode of practice (Northern Ireland)
Seizure and detention
294 Seizure of cash
295 Detention of seized cash
296 Interest
297 Release of detained cash
Forfeiture without court order
297AForfeiture notice
297BContent
297CEffect
297DDetention following lapse of notice
297EApplication to set aside forfeiture
297FRelease of cash subject to forfeiture notice
297GApplication of forfeited cash
Forfeiture
298 Forfeiture
299Appeal against decision under section 298
300 Application of forfeited cash
Supplementary
301 Victims and other owners
302 Compensation
302APowers for prosecutors to appear in proceedings
303“The minimum amount”
303AFinancial investigators
CHAPTER 3ARecovery of listed assets in summary proceedings
Definition of listed asset
303B“Listed asset”
Searches
303CSearches
303DSearches: supplemental provision
303EPrior approval
303FReport on exercise of powers
303GCode of practice: Secretary of State
303HCode of practice: Scotland
303ICode of practice: Northern Ireland
Seizure and detention
303JSeizure of listed assets
303KInitial detention of seized property
303LFurther detention of seized property
303MTesting and safekeeping of property seized under section 303J
303NRelease of detained property
Forfeiture
303OForfeiture
303PAssociated and joint property
303QAgreements about associated and joint property
303RAssociated and joint property: default of agreement
303SSections 303O to 303R: appeals
303TRealisation of forfeited property
303UProceeds of realisation
Supplementary
303VVictims and other owners
303WCompensation
303XPowers for prosecutors to appear in proceedings
303Y“The minimum value”
303ZFinancial investigators
CHAPTER 3BForfeiture of money held in bank and building society accounts
Freezing of bank and building society accounts
303Z1Application for account freezing order
303Z2Restrictions on making of application under section 303Z1
303Z3Making of account freezing order
303Z4Variation and setting aside of account freezing order
303Z5Exclusions
303Z6Restriction on proceedings and remedies
303Z7“Bank”
303Z8“The minimum amount”
Account forfeiture notices (England and Wales and Northern Ireland)
303Z9Account forfeiture notice
303Z10Giving of account forfeiture notice
303Z11Lapse of account forfeiture notice
303Z12Application to set aside forfeiture
303Z13Application of money forfeited under account forfeiture notice
Forfeiture orders
303Z14Forfeiture order
303Z15Continuation of account freezing order pending appeal
303Z16Appeal against decision under section 303Z14
303Z17Application of money forfeited under account forfeiture order
Supplementary
303Z18Compensation
303Z19Powers for prosecutors to appear in proceedings
Chapter 4General
Recoverable property
304 Property obtained through unlawful conduct
305 Tracing property, etc.
306 Mixing property
307 Recoverable property: accruing profits
308 General exceptions
309 Other exemptions
310 Granting interests
Insolvency
311 Insolvency
Delegation of enforcement functions
312 Performance of functions of Scottish Ministers by constables in Scotland
313 Restriction on performance of Director’s functions by police
Interpretation
314 Obtaining and disposing of property
315 Northern Ireland courts
316 General interpretation
Part 6Revenue Functions
General functions
317 The National Crime Agency's general Revenue functions
318 Revenue functions regarding employment
319 Source of income
320 Appeals
Inheritance tax functions
321 The National Crime Agency's functions: transfers of value
322 The National Crime Agency's functions: certain settlements
General
323 Functions
324 Exercise of Revenue functions
325 Declarations
326 Interpretation
Part 7Money Laundering
Offences
327 Concealing etc
328 Arrangements
329 Acquisition, use and possession
330 Failure to disclose: regulated sector
331 Failure to disclose: nominated officers in the regulated sector
332 Failure to disclose: other nominated officers
333 Tipping off
333ATipping off: regulated sector
333B Disclosures within an undertaking or group etc
333C Other permitted disclosures between institutions etc
333D Other permitted disclosures etc
333EInterpretation of sections 333A to 333D
334 Penalties
Consent
335 Appropriate consent
336 Nominated officer: consent
336APower of court to extend the moratorium period
336BProceedings under section 336A: supplementary
336CExtension of moratorium period pending determination of proceedings etc
336DSections 336A to 336C: interpretation
Disclosures
337 Protected disclosures
338 Authorised disclosures
339 Form and manner of disclosures
339ZADisclosures to the NCA
339ZBVoluntary disclosures within the regulated sector
339ZCSection 339ZB: disclosure requests and required notifications
339ZDSection 339ZB: effect on required disclosures under section 330 or 331
339ZELimitations on application of section 339ZD(2) and (3)
339ZFSection 339ZB: supplementary
339ZGSections 339ZB to 339ZF: interpretation
Further information orders
339ZHFurther information orders
339ZIStatements
339ZJAppeals
339ZKSupplementary
Threshold amounts
339AThreshold amounts
Interpretation
340 Interpretation
Part 8Investigations
Chapter 1Introduction
341 Investigations
341AOrders and warrants sought for civil recovery investigations
342 Offences of prejudicing investigation
Chapter 2England and Wales and Northern Ireland
Judges and courts
343 Judges
344 Courts
Production orders
345 Production orders
346 Requirements for making of production order
347 Order to grant entry
348 Further provisions
349 Computer information
350 Government departments
351 Supplementary
Search and seizure warrants
352 Search and seizure warrants
353 Requirements where production order not available
354 Further provisions: general
355 Further provisions: confiscation , money laundering, detained cash, detained property and frozen funds investigations
356 Further provisions: civil recovery ... and exploitation proceeds investigations
356ACertain offences in relation to execution of search and seizure warrants
Disclosure orders
357 Disclosure orders
358 Requirements for making of disclosure order
359 Offences
360 Statements
361 Further provisions
362 Supplementary
Unexplained wealth orders
362AUnexplained wealth orders
362BRequirements for making of unexplained wealth order
362CEffect of order: cases of non-compliance
362DEffect of order: cases of compliance or purported compliance
362EOffence
362FStatements
362GDisclosure of information, copying of documents, etc
362HHolding of property: trusts and company arrangements etc
362ISupplementary
Unexplained wealth orders: interim freezing of property
362JApplication for interim freezing order
362KVariation and discharge of interim freezing order
362LExclusions
362MRestrictions on proceedings and remedies
362NReceivers in connection with interim freezing orders
362OPowers of receivers appointed under section 362N
362PSupervision of section 362N receiver and variations
362QRegistration
362RCompensation
Unexplained wealth orders: enforcement abroad
362SEnforcement abroad: enforcement authority
362TEnforcement abroad: receiver
Customer information orders
363 Customer information orders
364 Meaning of customer information
365 Requirements for making of customer information order
366 Offences
367 Statements
368 Disclosure of information
369 Supplementary
Account monitoring orders
370 Account monitoring orders
371 Requirements for making of account monitoring order
372 Statements
373 Applications
374 Disclosure of information
375 Supplementary
375AEvidence overseas
375BEvidence overseas: restrictions on use
Officers of Revenue and Customs
375CRestriction on exercise of certain powers conferred on officers of Revenue and Customs
Evidence overseas
376 Evidence overseas
Code of practice
377 Code of practice of Secretary of State etc.
377ZACode of practice (Northern Ireland)
377ZBDisapplication of PACE codes
377ACode of practice of Attorney General or Advocate General for Northern Ireland
Interpretation
378 Officers
379 Miscellaneous
Chapter 3Scotland
Production orders
380 Production orders
381 Requirements for making of production order
382 Order to grant entry
383 Further provisions
384 Computer information
385 Government departments
386 Supplementary
Search warrants
387 Search warrants
388 Requirements where production order not available
389 Further provisions: general
390 Further provisions: confiscation, civil recovery, detained cash , detained property, frozen funds and money laundering
Disclosure orders
391 Disclosure orders
392 Requirements for making of disclosure order
393 Offences
394 Statements
395 Further provisions
396 Supplementary
Unexplained wealth orders
396AUnexplained wealth orders
396BRequirements for making of unexplained wealth order
396CEffect of order: cases of non-compliance
396DEffect of order: cases of compliance or purported compliance
396EOffence
396FStatements
396GDisclosure of information, copying of documents, etc
396HHolding of property: trusts and company arrangements etc
396ISupplementary
Unexplained wealth orders: interim freezing of property
396JApplication for interim freezing order
396KVariation and recall of interim freezing order
396LExclusions
396MRestrictions on proceedings and remedies
396NArrestment of property affected by interim freezing order
396OInhibition of property affected by interim freezing order
396PReceivers in connection with interim freezing orders
396QPowers of receivers appointed under section 396P
396RSupervision of section 396P receiver and variations
396SCompensation
Unexplained wealth orders: enforcement abroad
396TEnforcement abroad: Scottish Ministers
396UEnforcement abroad: receiver
Customer information orders
397 Customer information orders
398 Meaning of customer information
399 Requirements for making of customer information order
400 Offences
401 Statements
402 Further provisions
403 Supplementary
Account monitoring orders
404 Account monitoring orders
405 Requirements for making of account monitoring order
406 Statements
407 Further provisions
408 Supplementary
Evidence overseas
408AEvidence overseas
408BEvidence overseas: restrictions on use
Officers of Revenue and Customs
408CRestriction on exercise of certain powers conferred on officers of Revenue and Customs
General
409 Jurisdiction of sheriff
410 Code of practice
411 Performance of functions of Scottish Ministers by constables in Scotland
412 Interpretation
Chapter 4 Supplementary and Interpretation
412A Power to vary monetary amounts
413 Criminal conduct
414 Property
415 Money laundering offences
416 Other interpretative provisions
Part 9Insolvency etc.
Bankruptcy in England and Wales
417 Modifications of the 1986 Act
418 Restriction of powers
419 Tainted gifts
Sequestration in Scotland
420 Modifications of the 2016 Act
421 Restriction of powers
422 Tainted gifts
Bankruptcy in Northern Ireland
423 Modifications of the 1989 Order
424 Restriction of powers
425 Tainted gifts
Winding up in England and Wales and Scotland
426 Winding up under the 1986 Act
427 Tainted gifts
Winding up in Northern Ireland
428 Winding up under the 1989 Order
429 Tainted gifts
Floating charges
430 Floating charges
Limited liability partnerships
431 Limited liability partnerships
Insolvency practitioners
432 Insolvency practitioners
433 Meaning of insolvency practitioner
Interpretation
434 Interpretation
Part 10Information
England and Wales and Northern Ireland
435Use of information by certain authorities
436 Disclosure of information to certain authorities
437 Further disclosure
438 Disclosure of information by certain authorities
Scotland
439 Disclosure of information to Lord Advocate and to Scottish Ministers
440 Further disclosure
441 Disclosure of information by Lord Advocate and by Scottish Ministers
Overseas purposes
442 Restriction on disclosure for overseas purposes
442AData protection legislation
Part 11Co-operation
443 Enforcement in different parts of the United Kingdom
444 External requests and orders
445 External investigations
445ASharing of beneficial ownership information
446 Rules of court
447 Interpretation
Part 12Miscellaneous and general
Miscellaneous
448 Tax
449NCA officers: pseudonyms
449AStaff of relevant Directors: pseudonyms
450 Pseudonyms: Scotland
451 Revenue and Customs prosecutions
452 Crown servants
453 References to financial investigators
453ACertain offences in relation to financial investigators
453BCertain offences in relation to SFO officers
453CObstruction offence in relation to immigration officers
454 Customs officers
454ASerious Fraud Office
455 Enactment
General
456 Amendments
457 Repeals and revocations
458 Commencement
459 Orders and regulations
460 Finance
461 Extent
462 Short title
SCHEDULES
SCHEDULE 1Assets Recovery Agency
...
Assets Recovery Agency
Assets Recovery Agency
Assets Recovery Agency
Assets Recovery Agency
Assets Recovery Agency
Assets Recovery Agency
Assets Recovery Agency
SCHEDULE 2Lifestyle offences: England and Wales
1Drug trafficking
1AAn offence under any of the following provisions of the...
2Money laundering
3Directing terrorism
3ASlavery etc
4People trafficking
5Arms trafficking
6Counterfeiting
7Intellectual property
8Prostitution and child sex
9Blackmail
9AAn offence under section 12(1) or (2) of the Gangmasters...
10Inchoate offences
SCHEDULE 3Administrators: further provision
1General
2Appointment etc
3Functions
4Consent of accountant of court
5Dealings in good faith with administrator
6Money received by administrator
7Effect of appointment of administrator on diligence
8Supervision
9Accounts and remuneration
10Discharge of administrator
SCHEDULE 4Lifestyle offences: Scotland
1Money laundering
2Drug trafficking
2AAn offence under any of the following provisions of the...
3Directing terrorism
4People trafficking
4ASlavery, servitude and forced or compulsory labour
5Arms trafficking
6Counterfeiting
7Intellectual property
8Pimps and brothels
8A Traffic in prostitution etc.
9Blackmail
9AGangmasters
9AAConsumer credit
9B...
9CDistribution of obscene material
9DUnclassified video recordings
9EPrivate security industry
9FSerious organised crime
10Inchoate offences
SCHEDULE 5Lifestyle offences: Northern Ireland
1Drug trafficking
1AAn offence under any of the following provisions of the...
2Money laundering
3Directing terrorism
3ASlavery, etc.
4People trafficking
5Arms trafficking
6Counterfeiting
7Intellectual property
8Pimps and brothels
9Blackmail
9AAn offence under section 12(1) or (2) of the Gangmasters...
10Inchoate offences
SCHEDULE 6Powers of interim receiver or administrator
1Seizure
2Information
3Entry, search, etc.
4Supplementary
5Management
SCHEDULE 7Powers of trustee for civil recovery
1Sale
2Expenditure
3Management
4Legal proceedings
5Compromise
6Supplementary
SCHEDULE 7AConnection with relevant part of United Kingdom
Unlawful conduct
1There is a connection where the unlawful conduct occurred entirely...
Property
2There has been a connection where the property in question...
3There is a connection where there is other property in...
4There has been a connection where, at any time, there...
Person
5(1) There is or has been a connection where a...
Property held on trust
6(1) There is a connection where the property in question...
Interpretation
7“ The relevant part of the United Kingdom ” has...
8“ The unlawful conduct ” means— (a) in a case...
SCHEDULE 8Forms of declarations
...
Members of SOCA's Staff
“I, A.B., do solemnly declare that I will not disclose...
SCHEDULE 9Regulated sector and supervisory authorities
PART 1REGULATED SECTOR
Business in the regulated sector
1(1) A business is in the regulated sector to the...
Excluded activities
2(1) A business is not in the regulated sector to...
Interpretation
3(1) In this Part— ... “the Capital Requirements Directive” means...
PART 2SUPERVISORY AUTHORITIES
4(1) The following bodies are supervisory authorities—
Part 3Power to amend
5The Treasury may by order amend Part 1 or 2...
SCHEDULE 10Tax
Part 1General
1Sections 75 and 77 of the Taxes Management Act 1970...
Part 2Provisions relating to Part 5
Introductory
2(1) The vesting of property in the trustee for civil...
Capital Gains Tax
3(1) If a gain attributable to a Part 5 transfer...
Income Tax and Corporation Tax
4Accrued income scheme
5Discounted securities
6Rights to receive amounts stated in certificates of deposit etc.
7Non-qualifying offshore funds
8Futures and options
9Loan relationships
10Exception from paragraphs 4 to 9
11Trading stock
Capital Allowances
12Plant and machinery
13(1) If a compensating payment is made to the transferor,...
14(1) Paragraph 13(2) does not apply if the qualifying expenditure...
15(1) Paragraph 13 does not apply if—
16(1) Paragraph 13 does not apply if—
17(1) Paragraphs 12 to 16 have effect as if they...
18Industrial buildings
19Tax
20Tax
21Tax
22Flat conversion
23(1) If a compensating payment is made to the transferor,...
24(1) Paragraph 23 does not apply to determine the proceeds...
25Paragraphs 22 to 24 have effect as if they were...
26Research and development
27(1) If a compensating payment is made to the transferor,...
28(1) Paragraph 27 does not apply to determine the disposal...
29Paragraphs 26 to 28 have effect as if they were...
Employee etc. Share Schemes
30Share options
31Conditional acquisition of shares
32Shares acquired at an undervalue
33Shares in dependent subsidiaries
SCHEDULE 11Amendments
1Introduction
2Parliamentary Commissioner Act 1967 (c. 13)
3Police (Scotland) Act 1967 (c. 77)
4Criminal Appeal Act 1968 (c. 19)
5Misuse of Drugs Act 1971 (c. 38)
6Immigration Act 1971 (c. 77)
7Rehabilitation of Offenders Act 1974 (c. 53)
8Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
9Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
10Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
11Civil Jurisdiction and Judgments Act 1982 (c. 27)
12Civic Government (Scotland) Act 1982 (c. 45)
13Criminal Justice Act 1982 (c. 48)
14Police and Criminal Evidence Act 1984 (c. 60)
15Bankruptcy (Scotland) Act 1985 (c. 66)
16Insolvency Act 1986 (c. 45)
17Criminal Justice Act 1988 (c. 33)
18Extradition Act 1989 (c. 33)
19Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
20Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
21Criminal Justice (International Co-operation) Act 1990 (c. 5)
22Pension Schemes Act 1993 (c. 48)
23Pension Schemes (Northern Ireland) Act 1993 (c. 49)
24Criminal Justice and Public Order Act 1994 (c. 33)
25Drug Trafficking Act 1994 (c. 37)
26Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))
27Proceeds of Crime Act 1995 (c. 11)
28Proceeds of Crime (Scotland) Act 1995 (c. 43)
29Criminal Procedure (Scotland) Act 1995 (c. 46)
30Police Act 1996 (c. 16)
31Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)
32Crime (Sentences) Act 1997 (c. 43)
33Crime and Punishment (Scotland) Act 1997 (c. 48)
34Police (Northern Ireland) Act 1998 (c. 32)
35Crime and Disorder Act 1998 (c. 37)
36Access to Justice Act 1999 (c. 22)
37Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
38...
39Terrorism Act 2000 (c. 11)
40Criminal Justice and Police Act 2001 (c. 16)
SCHEDULE 12 Repeals and revocations

Proceeds of Crime Act 2002

2002 c. 29

An Act to establish the Assets Recovery Agency and make provision about the appointment of its Director and his functions (including Revenue functions), to provide for confiscation orders in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of property which is or represents property obtained through unlawful conduct or which is intended to be used in unlawful conduct, to make provision about money laundering, to make provision about investigations relating to benefit from criminal conduct or to property which is or represents property obtained through unlawful conduct or to money laundering, to make provision to give effect to overseas requests and orders made where property is found or believed to be obtained through criminal conduct, and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2

Annotations:
Modifications etc. (not altering text)