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Proceeds of Crime Act 2002

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369 SupplementaryE+W+N.I.
This section has no associated Explanatory Notes

(1)An application for a customer information order may be made ex parte to a judge in chambers.

(2)Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to customer information orders.

(3)An application to discharge or vary a customer information order may be made to the court by—

(a)the person who applied for the order;

(b)any person affected by the order.

(4)The court—

(a)may discharge the order;

(b)may vary the order.

[F1(5)If an accredited financial investigator, [F2a [F3National Crime Agency officer],] a constable or [F4an officer of Revenue and Customs] [F5or an immigration officer] applies for a customer information order, an application to discharge or vary the order need not be by the same accredited financial investigator, [F3National Crime Agency officer], constable or [F6officer of Revenue and Customs] [F7or immigration officer].]

[F1(5)An application to discharge or vary a customer information order need not be made by the same appropriate officer that applied for the order (but must be made by an appropriate officer of the same description).

(5A)If the application for the order was, by virtue of an order under section 453, made by an accredited financial investigator of a particular description, the reference in subsection (5) to an appropriate officer of the same description is to another accredited financial investigator of that description.]

(6)References to a person who applied for a customer information order must be construed accordingly.

(7)An accredited financial investigator, [F8a [F3National Crime Agency officer], [F9a Financial Conduct Authority officer,]] a constable [F10, an SFO officer] or [F11an officer of Revenue and Customs] [F12or an immigration officer] may not make an application for a customer information order or an application to vary such an order unless he is a senior appropriate officer or he is authorised to do so by a senior appropriate officer.

(8)Subsections (2) to (6) do not apply to orders made in England and Wales for the purposes of a civil recovery investigation.

Textual Amendments

F1S. 369(5)(5A) substituted for s. 369(5) (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 53(2); S.I. 2018/78, reg. 5(1)(e)

F4Words in s. 369(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(2)(a)

F6Words in s. 369(5) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(2)(b)

F9Words in s. 369(7) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 53(3)(a); S.I. 2018/78, reg. 5(1)(e)

F10Words in s. 369(7) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 53(3)(b); S.I. 2018/78, reg. 5(1)(e)

F11Words in s. 369(7) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(3)

Commencement Information

I1S. 369 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

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