The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the disclosure of information to and by the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland as respects their functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002. Part 5 of that Act is concerned with the civil recovery of the proceeds of unlawful conduct. Part 8 contains certain investigative powers in relation to civil recovery cases.

Article 2 deals with disclosure of information to the Directors. It introduces the Schedule to this Order which designates the persons who (in addition to the persons listed in section 436 of the Act) are permitted to disclose information to the Directors for the purpose of their functions under, or in relation to, Part 5 or 8, and the functions which they exercise in respect of which they may disclose the information.

Article 3 deals with disclosure of information by the Directors and designates the functions (in addition to the functions listed in section 438 of the Act) for the purposes of the exercise of which the Directors may disclose information.

Article 4 revokes the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003.

By virtue of sections 436(3) and 438(8), this Order has effect subject to the provisions of the Data Protection Act 1998 and Part 1 of the Regulation of Investigatory Powers Act 2000.