Proceeds of Crime Act 2002 (c. 29)

Part 4 N.I. Confiscation: Northern Ireland

Modifications etc. (not altering text)

C1 Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)

C2 Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)

C3 Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)

C4 Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)

C5 Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)

[F1 Seized money [F2 and personal property]] [F1 Enforcement: money, cryptoassets and personal property] N.I.

Textual Amendments

F1 S. 215 cross-heading substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 52

F2 Words in s. 215 cross-heading inserted (1.3.2016) by Policing and Crime Act 2009 (c. 26), ss. 60(3), 116(1); S.I. 2016/147, art. 3(c)

215 [F3 Seized money] [F3 Money] N.I.

(1) This section applies to money which—

(a) is held by a person, and

(b) is held in an account maintained by him with a [F4 bank or a building society] [F4 relevant financial institution].

(2) This section also applies to money which is held by a person and which—

[F5 (a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and

(b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.]

[F6 (2A) But this section applies to money only so far as the money is free property.]

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (5) If—

(a) a confiscation order is made against a person holding money to which this section applies, and

(b) a receiver has not been appointed under section 198 in relation to the money,

a magistrates' court may order the [F9 appropriate person] to pay the money to the appropriate chief clerk on account of the amount payable under the confiscation order.]

[F10 (5A) [F11 Where this section applies to money which is held in an account maintained with [F12 a bank or building society] [F12 a relevant financial institution],] a person applying for an order under subsection (5) must give notice of the application to [F13 the bank or building society] [F13 the relevant financial institution] with which the account is held.

(5B) In the case of money held in an account not maintained by the person against whom the confiscation order is made, a magistrates' court—

(a) may make an order under subsection (5) only if the extent of the person's interest in the money has been determined under section 160A, and

(b) must have regard to that determination in deciding what is the appropriate order to make.]

(6) If a [F14 bank or building society] [F14 relevant financial institution] fails to comply with an order under subsection (5)—

(a) the magistrates’ court may order it to pay an amount not exceeding £5,000, and

(b) for the purposes of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) the sum is to be treated as adjudged to be paid by a conviction of the magistrates’ court.

(7) In order to take account of changes in the value of money the [F15 Department of Justice in Northern Ireland] may by order substitute another sum for the sum for the time being specified in subsection (6)(a).

[F16 (7A) The Department of Justice in Northern Ireland may by order amend this section so that it applies [F17 by virtue of subsection (1)] not only to money held in an account maintained with a [F18 bank or building society] [F18 relevant financial institution] but also to—

(a) money held in an account maintained with a financial institution of a specified kind, or

(b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind.

(7B) An order under subsection (7A) may amend this section so that it makes provision about realising an instrument or product within subsection (7A)(b) or otherwise obtaining money from it.]

[F19 (8) In this section—

• “appropriate chief clerk” has the same meaning as in section 202(7);

• “appropriate person” means—

  (a)

  in a case where the money is held in an account maintained with [F20 a bank or building society, the bank or building society] [F20 a relevant financial institution, the relevant financial institution];

  (b)

  in any other case, the person on whose authority the money is detained;

• “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

• “building society” has the same meaning as in the Building Societies Act 1986;

• [F21 “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);]

• [F21 “payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));]

• [F21 “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution;]

• “relevant seizure power” means a power to seize money conferred by or by virtue of—

  (a)

  a warrant granted under any enactment or rule of law, or

  (b)

  any enactment, or rule of law, under which the authority of a warrant is not required.]

[F22 (9) In the definition of “bank” in subsection (8), “authorised deposit-taker” means—

(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b) a person who—

(i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii) accepts deposits;

(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(10) A reference in subsection (9) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.]

Textual Amendments

F3 S. 215 heading substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(7)

F4 Words in s. 215(1)(b) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(2)

F5 S. 215(2)(a)(b) substituted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(2), 58(3)(6); S.R. 2021/167, reg. 2(a)

F6 S. 215(2A) inserted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(3), 58(3)(6); S.R. 2021/167, reg. 2(a)

F7 S. 215(3) omitted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), ss. 27(4), 58(3)(6); S.R. 2021/167, reg. 2(a)

F8 S. 215(5) substituted for s. 215(4)(5) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 36(1), 88(3)(a); S.R. 2015/190, reg. 3(1)(j)

F9 Words in s. 215(5) substituted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(5), 58(3)(6); S.R. 2021/167, reg. 2(a)

F10 S. 215(5A)(5B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 36(2), 88(3)(a); S.R. 2015/190, reg. 3(1)(j)

F11 Words in s. 215(5A) inserted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(6), 58(3)(6); S.R. 2021/167, reg. 2(a)

F12 Words in s. 215(5A) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(3)(a)

F13 Words in s. 215(5A) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(3)(b)

F14 Words in s. 215(6) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(4)

F15 Words in s. 215(7) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 50 (with arts. 28-31)

F16 S. 215(7A)(7B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 36(3), 88(3)(a); S.R. 2015/190, reg. 3(1)(j)

F17 Words in s. 215(7A) inserted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(7), 58(3)(6); S.R. 2021/167, reg. 2(a)

F18 Words in s. 215(7A) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(5)

F19 S. 215(8) substituted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(8), 58(3)(6); S.R. 2021/167, reg. 2(a)

F20 Words in s. 215(8) substituted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(6)(a)

F21 Words in s. 215(8) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(2)(b)(5)(a), Sch. 8 para. 47(6)(b)

F22 S. 215(9)(10) inserted (27.4.2017 for specified purposes, 28.6.2021 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 27(9), 58(3)(6) (as amended (N.I.) on exit day by S.I. 2019/742, regs. 1, 109(4)); S.R. 2021/167, reg. 2(a)

Commencement Information

I1 S. 215 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.