Part 8Investigations
C2Chapter 4Interpretation
I1413 Criminal conduct
1
Criminal conduct is conduct which—
a
constitutes an offence in any part of the United Kingdom, or
b
would constitute an offence in any part of the United Kingdom if it occurred there.
2
A person benefits from conduct if he obtains property or a pecuniary advantage as a result of or in connection with the conduct.
3
References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other.
4
If a person benefits from conduct his benefit is the property or pecuniary advantage obtained as a result of or in connection with the conduct.
5
It is immaterial—
a
whether conduct occurred before or after the passing of this Act, and
b
whether property or a pecuniary advantage constituting a benefit from conduct was obtained before or after the passing of this Act.
I2414 Property
1
Property is all property wherever situated and includes—
a
money;
b
all forms of property, real or personal, heritable or moveable;
c
things in action and other intangible or incorporeal property.
2
“Recoverable property” and “associated property” have the same meanings as in Part 5.
3
The following rules apply in relation to property—
a
property is obtained by a person if he obtains an interest in it;
b
references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
c
references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security;
d
references to an interest, in relation to property other than land, include references to a right (including a right to possession).
I3415 Money laundering offences
1
An offence under section 327, 328 or 329 is a money laundering offence.
F11A
Each of the following is a money laundering offence—
a
an offence under section 93A, 93B or 93C of the Criminal Justice Act 1988;
b
an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994;
c
an offence under section 37 or 38 of the Criminal Law (Consolidation) (Scotland) Act 1995;
d
an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996.
2
Each of the following is a money laundering offence—
C1a
an attempt, conspiracy or incitement to commit an offence specified in subsection (1);
b
aiding, abetting, counselling or procuring the commission of an offence specified in subsection (1).
I4416 Other interpretative provisions
1
These expressions are to be construed in accordance with these provisions of this Part—
civil recovery investigation: section 341(2) and (3)
confiscation investigation: section 341(1)
F4detained cash investigation: section 341(3A)
money laundering investigation: section 341(4)
2
In the application of this Part to England and Wales and Northern Ireland, these expressions are to be construed in accordance with these provisions of this Part—
account information: section 370(4)
account monitoring order: section 370(6)
appropriate officer: section 378
customer information: section 364
customer information order: section 363(5)
disclosure order: section 357(4)
document: section 379
order to grant entry: section 347(3)
production order: section 345(4)
F2relevant authority: section 357(7) to (9)
relevant Director: section 352(5A)
search and seizure warrant: section 352(4)
senior appropriate officer: section 378.
3
In the application of this Part to Scotland, these expressions are to be construed in accordance with these provisions of this Part—
account information: section 404(5)
account monitoring order: section 404(7)
customer information: section 398
customer information order: section 397(6)
disclosure order: section 391(4)
production order: section 380(5)
proper person: section 412
search warrant: section 387(4).
F73A
The expressions “realisable property” and “confiscation order”—
a
in the application of this Part to England and Wales, have the same meanings as in Part 2;
b
in the application of this Part to Scotland, have the same meanings as in Part 3;
c
in the application of this Part to Northern Ireland, have the same meanings as in Part 4.
4
“Financial institution” means a person carrying on a business in the regulated sector.
5
But a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under—
a
a customer information order, or
b
an account monitoring order,
to provide information which relates to a time when the person was a financial institution.
6
References to a business in the regulated sector must be construed in accordance with Schedule 9.
7
“Recovery order”, “interim receiving order” and “interim administration order” have the same meanings as in Part 5.
F57A
“Unlawful conduct” has the meaning given by section 241.
8
References to notice in writing include references to notice given by electronic means.
9
This section and sections 413 to 415 apply for the purposes of this Part.
Pt. 8 Ch. 4: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)