Valid from 06/04/2008
1U.K.The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.
Valid from 06/04/2008
2U.K.In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.
Valid from 06/04/2008
3U.K.In section 343(3) (judges) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 06/04/2008
4U.K.In section 344(b) (courts) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 06/04/2008
5U.K.In section 350(5)(b) (government departments) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 06/04/2008
6U.K.In section 351(8) (supplementary) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 06/04/2008
7(1)Section 352 (search and seizure warrants) is amended as follows.U.K.
(2)In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.
(3)After subsection (5)(b) insert—
“(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.”
Valid from 06/04/2008
8(1)Section 353 (requirements where production order not available) is amended as follows.U.K.
(2)In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.
(3)After subsection (10)(b) insert—
“(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.”
9(1)Section 356 (further provisions: civil recovery) is amended as follows.U.K.
(2)In the heading after “civil recovery” insert “ and detained cash ”.
(3)In subsection (1) after “civil recovery investigations” insert “ or detained cash investigations ”.
(4)In subsection (6) after “If” insert “ , in the case of civil recovery investigations, ”.
(5)In subsection (10) for the words from “if” to “reasonable” substitute “ if the appropriate person has reasonable ”.
(6)After subsection (10) insert—
“(11)The appropriate person is—
(a)the Director, if the warrant was issued for the purposes of a civil recovery investigation;
(b)a constable or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation.”
Commencement Information
I1Sch. 10 para. 9(1)(5)(6) in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(2) (with arts. 3-14)
Valid from 06/04/2008
10U.K.In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.
Valid from 06/04/2008
11U.K.In section 363 (customer information orders) after subsection (1) insert—
“(1A)No application for a customer information order may be made in relation to a detained cash investigation.”
Valid from 06/04/2008
12U.K.In section 370 (account monitoring orders) after subsection (1) insert—
“(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.”
Valid from 06/04/2008
13U.K.In section 378 (officers) after subsection (3) insert—
“(3A)In relation to a detained cash investigation these are appropriate officers—
(a)a constable;
(b)an officer of Revenue and Customs.”
Valid from 18/06/2009
14U.K.In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 18/06/2009
15U.K.In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 18/06/2009
16U.K.In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 18/06/2009
17U.K.In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 18/06/2009
18U.K.In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.
Valid from 18/06/2009
19(1)Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.U.K.
(2)In the heading after “civil recovery” insert “ , detained cash ”.
(3)In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.
(4)In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
(5)In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
(6)In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 18/06/2009
20U.K.In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.
Valid from 18/06/2009
21U.K.In section 397 (customer information orders: Scotland) after subsection (1) insert—
“(1A)No application for a customer information order may be made in relation to a detained cash investigation.”
Valid from 18/06/2009
22U.K.In section 404 (account monitoring orders: Scotland) after subsection (1) insert—
“(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.”
Valid from 18/06/2009
23(1)Section 412 (interpretation: Scotland) is amended as follows.U.K.
(2)In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
(3)In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
Valid from 06/04/2008
24(1)Section 416 (other interpretative provisions) is amended as follows.U.K.
(2)In subsection (1) after “confiscation investigation: section 341(1)” insert— “ detained cash investigation: section 341(3A) ”.
(3)After subsection (7) insert—
“(7A)“Unlawful conduct” has the meaning given by section 241.”
Valid from 06/04/2008
25U.K.In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.