The Proceeds of Crime (Northern Ireland) Order 1996

[F1 3A.— (1) Where it appears to a financial investigator that a specified person may have benefited from[F2 his criminal conduct] the investigator may by notice in writing require any solicitor to furnish specified information to the investigator within a specified time and in a specified manner. N.I.

[F3 (1A) For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.]

(2) The information which may be specified under sub-paragraph (1) is whether at any time during a specified period the specified person was a client of the solicitor in respect of—

(a) any land or business;

(b) a company, firm, partnership or trust;

(c) a bank or other account; or

(d) any assets in the nature of investments, being assets of the specified person.

(3) Where the specified person was a client as mentioned in sub-paragraph (2), the solicitor shall furnish to the investigator—

(a) the full name of the client;

(b) the most recent and all known previous addresses of the client;

(c) the date of birth (if known) of the client;

(d) other evidence of identity of the client obtained in accordance with the Money Laundering Regulations 1993; and

(e) specified details of the nature of any transaction relating to any matter mentioned in that sub-paragraph.

[F4 (4) In its application by virtue of Article 49(1B), this paragraph shall have effect as if—

(a) for references to a financial investigator there were substituted references to [F5 a [F6 National Crime Agency officer] or a relevant Director (within the meaning of Article 49(5))];

(b) in sub-paragraphs (1) and (1A) for “benefited from his criminal conduct” there were substituted “obtained property through unlawful conduct”; and

(c) in paragraph (1A) for “Part 4” there were substituted “Part 5”.

(5) Where this paragraph applies by virtue of Article 49 (1B), then—

(a) paragraphs 4(2), 5 and 6 apply for the purposes of this paragraph with the modification mentioned in sub-paragraph (4)(a); and

(b) paragraphs 7 and 8 do not apply for those purposes.]]

F1 2001 NI 1

F2 2002 c. 29

F3 2002 c. 29

F4 2005 NI 15

F5 Words in Sch. 2 para. 3A(4) substituted (1.4.2008) by Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008 (S.I. 2008/574), art. 2, Sch. para. 5(5)

F6 Words in Sch. 2 para. 3A(4)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 54; S.I. 2013/1682, art. 3(v)