107.—(1) The Proceeds of Crime Act 2002 M1 is amended as follows.
(2) In section 67 M2 (seized money: England and Wales)—
(a)in subsection (9), omit paragraph (c);
(b)in subsection (10), omit “or firm” in both places where those words occur.
(3) In section 131ZA M3 (seized money: Scotland)—
(a)in subsection (10), omit paragraph (c);
(b)in subsection (11), omit “or firm” in both places those words occur.
(4) In section 282D M4 (evidence overseas: interim receiver or interim administrator), in subsection (10), omit paragraph (b) and the “or” immediately preceding that paragraph.
(5) In section 303Z7 M5 (“bank”)—
(a)in subsection (2), omit paragraph (c);
(b)in subsection (3), omit “or firm” in both places those words occur.
(6) In section 333B M6 (disclosures within an undertaking or group etc), in subsections (2)(b) and (4)(b), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.
(7) In section 333C M7 (other permitted disclosures between institutions etc), in subsection (2)(c), for “an EEA State” substitute “ the United Kingdom or an EEA state ”.
(8) In section 362B M8 (requirements for making of unexplained wealth order), in subsection (7)(a), for “the United Kingdom or another EEA State,” substitute—
“(i)the United Kingdom, or
(ii)an EEA state,”.
(9) In section 375A M9 (evidence overseas), in subsection (9), omit paragraph (b) and the “or” immediately preceding that paragraph.
(10) In section 396B M10 (requirements for making of unexplained wealth order), in subsection (7)(a), for “the United Kingdom or another EEA State,” substitute—
“(i)the United Kingdom, or
(ii)an EEA state,”.
(11) In section 408A M11 (evidence overseas), in subsection (9), omit paragraph (b) and the “or” immediately preceding that paragraph.
(12) In Schedule 3 (administrators: further provision), in paragraph 6—
(a)omit sub-paragraph (4)(c);
(b)in sub-paragraph (5), omit “or firm” in both places those words occur.
(13) In Schedule 9 (regulated sector and supervisory authorities), in paragraph 1 (business in the regulated sector)—
(a)for sub-paragraph (1)(c) substitute—
“(c)the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000 M12) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance;”;
(b)in sub-paragraph (1)(d), for “(other than a person falling within Article 2 of the Markets in Financial Instruments Directive)” substitute “ (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) ”;
(c)in sub-paragraph (1)(g), for “an EEA State” substitute “ the United Kingdom ”;
(d)in sub-paragraph (2)(b), for “an EEA state” substitute “ the United Kingdom ”;
(e)after sub-paragraph (2) insert—
“(2A) For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).”.
(f)for sub-paragraph (5) substitute—
“(5) For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).”;
(g)omit sub-paragraph (6).
Commencement Information
I1Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M2Section 67 was amended by section 14(1) to (3) of the Serious Crime Act 2015 (c. 9) and section 26 of the Criminal Finances Act 2017 (c. 22).
M3Section 131ZA was inserted by section 28 of the Criminal Finances Act 2017.
M4Section 282D was inserted by paragraph 6 of Schedule 18 to the Crime and Courts Act 2013 (c. 22).
M5Section 303Z7 was inserted by section 16 of the Criminal Finances Act 2017.
M6Section 333B was inserted by S.I. 2007/3398.
M7Section 333C was inserted by S.I. 2007/3398.
M8Section 362B was inserted by section 1 of the Criminal Finances Act 2017.
M9Section 375A was inserted by paragraph 26 of Schedule 19 to the Crime and Courts Act 2013.
M10Section 396B was inserted by section 4 of the Criminal Finances Act 2017.
M11Section 408A was inserted by paragraph 28 of Schedule 19 to the Crime and Courts Act 2013.
108.—(1) The Serious Organised Crime and Police Act 2005 M13 is amended as follows.
(2) Omit section 96 (mutual assistance in freezing property or evidence).
(3) In section 172 (orders and regulations), in subsection (5), omit paragraph (h).
Commencement Information
I2Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
109.—(1) The Criminal Finances Act 2017 M14 is amended as follows.
(2) In section 1 M15 (unexplained wealth orders: England and Wales and Northern Ireland), in the text to be inserted as section 362B(7)(a) of the Proceeds of Crime Act 2002, for “the United Kingdom or another EEA State,” substitute—
“(i)the United Kingdom, or
(ii)an EEA state,”.
(3) In section 16 M16 (forfeiture of money held in bank and building society accounts), in the text to be inserted as section 303Z7 of the Proceeds of Crime Act 2002—
(a)in subsection (2), omit paragraph (c);
(b)in subsection (3), omit “or firm” in both places those words occur.
(4) In section 27 (seized money: Northern Ireland)—
(a)in the text to be inserted as subsection (9) of section 215 of the Proceeds of Crime Act 2002, omit paragraph (c);
(b)in the text to be inserted as subsection (10) of that section, omit “or firm” in both places those words occur.
Commencement Information
I3Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M15Section 1 extends to England and Wales and Northern Ireland and was commenced in England and Wales only by S.I. 2018/78.
M16Section 16 extends to the United Kingdom and was commenced in England and Wales and Scotland by S.I. 2018/78.
110.—(1) Subject to regulation 111 (transitional provisions in relation to the amendment of the CJDP Regulations), the CJDP Regulations are amended as follows.
(2) Part 2 (proceeds of crime (foreign property and foreign orders)) is revoked.
(3) Schedule 1 (proceeds of crime (foreign property and foreign orders): Scotland) is revoked.
(4) Schedule 2 (proceeds of crime (foreign property and foreign orders): Northern Ireland) is revoked.
Commencement Information
I4Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
111. Regulation 110 does not apply in relation to a case where, before commencement day, any of the following has occurred [F1(and see Articles 6 and 62(1)(c) and (e) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act and, in relation to the continued application of Framework Decisions 2003/577/JHA and 2006/783/JHA in respect of certificates received by the United Kingdom before 19 December 2020, see Article 40(2) of Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders]—
(a)the Crown Court makes a certificate under regulation 6(2) of the CJDP Regulations (domestic restraint orders: certification);
(b)a relevant prosecutor receives an overseas restraint order under regulation 8(1) of the CJDP Regulations (sending overseas restraint orders to the court);
(c)the Crown Court makes a certificate under regulation 11(2) of the CJDP Regulations (domestic confiscation orders: certification);
(d)a relevant prosecutor receives an overseas confiscation order under regulation 13(1) of the CJDP Regulations (sending overseas confiscation orders to the court);
(e)the court makes a certificate under paragraph 2(2) of Schedule 1 to the CJDP Regulations (domestic restraint orders: certification);
(f)the Lord Advocate receives an overseas restraint order under paragraph 4(1) of Schedule 1 to the CJDP Regulations (sending overseas restraint orders to the court);
(g)the court makes a certificate under paragraph 7(2) of Schedule 1 to the CJDP Regulations (domestic confiscation orders: certification);
(h)the Lord Advocate receives an overseas confiscation order under paragraph 9(1) of Schedule 1 to the CJDP Regulations (sending overseas confiscation orders to the court);
(i)the court makes a certificate under paragraph 2(2) of Schedule 2 to the CJDP Regulations (domestic restraint orders: certification);
(j)the relevant prosecutor receives an overseas restraint order under paragraph 4(1) of Schedule 2 to the CJDP Regulations (sending overseas restraint orders to the court);
(k)the court makes a certificate under paragraph 7(2) of Schedule 2 to the CJDP Regulations (domestic confiscation orders: certification), or
(l)the relevant prosecutor receives an overseas confiscation order under paragraph 9(1) of Schedule 2 to the CJDP Regulations (sending overseas confiscation orders to the court).
Textual Amendments
F1Words in reg. 111 inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 5
Commencement Information
I5Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
112. [F2The] following are revoked [F3(but see Article 63(1)(c) and (f) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act)]—
(a)Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information;
(b)Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime.
Textual Amendments
F2Word in reg. 112 substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 32(1)(a)
F3Words in reg. 112 inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 32(1)(b)
Commencement Information
I6Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Prospective
F4113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 113 omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 32(2)
113A. Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders is revoked (but see Article 62(1)(c) and (e) and Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act).]
Textual Amendments
F5Reg. 113A inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 6
Commencement Information
I7Reg. 113A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1