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Proceeds of Crime Act 2002

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416 Other interpretative provisionsE+W+S+N.I.

This section has no associated Explanatory Notes

(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)

  • [F1detained 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.

  • [F3senior member of SOCA's staff: section 378(8).]

(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).

(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.

[F4(7A)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.

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Amendments (Textual)

Commencement Information

I1S. 416 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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