369 SupplementaryE+W+N.I.
(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)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, [F2a [F3National Crime Agency officer], [F4a Financial Conduct Authority officer,]] a constable [F5, an SFO officer] or [F6an officer of Revenue and Customs] [F7or 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.S. in so far as not already in force, 28.6.2021 for N.I. 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); S.I. 2021/724, reg. 4(i)
F2Words in s. 369(7) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 111(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F3Words in s. 369 substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 141; S.I. 2013/1682, art. 3(v)
F4Words in s. 369(7) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. 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); S.I. 2021/724, reg. 4(i)
F5Words in s. 369(7) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. 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); S.I. 2021/724, reg. 4(i)
F6Words in s. 369(7) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 14(3)
F7Words in s. 369(7) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 35(3) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
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)