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Interpretation

2.—(1) In this Order—

“the Act” means the Proceeds of Crime Act 2002;

“account monitoring order” has the same meaning as in article 29;

“appropriate officer” means an NCA officer, a constable or an officer of Her Majesty’s Revenue and Customs;

“authorised government department” means a government department, or a Northern Ireland department, which is an authorised department for the purposes of the Crown Proceedings Act 1947(1);

“judge” means—

(a)

in England and Wales, a judge entitled to exercise the jurisdiction of the Crown Court, or

(b)

in Northern Ireland, a Crown Court judge;

“customer information order” has the same meaning as in article 22;

“disclosure order” has the same meaning as in article 16;

“document”, “excluded material” and “premises” have the same meanings as in section 379 of the Act;

“financial institution” means a person carrying on a business in the regulated sector, but a person who ceases to carry on a business in the regulated sector (whether by virtue of paragraph 5 of Schedule 9 to the Act or otherwise) is to continue to be treated as a financial institution for the purposes of any requirement under a customer information order or an account monitoring order to provide information which relates to a time when the person was a financial institution;

“NCA” means the National Crime Agency;

“NCA officer” has the same meaning as in section 16(1) of the Crime and Courts Act 2013(2);

“money laundering offence” means an act which—

(a)

constitutes an offence under section 415 of the Act(3),

(b)

constitutes an offence under section 18 of the Terrorism Act 2000(4), or

(c)

would constitute an offence specified in paragraph (a) or (b) if done in the United Kingdom;

“production order” has the same meaning as in article 6;

“search and seizure warrant” has the same meaning as in article 13;

“senior appropriate officer” means—

(a)

a senior NCA officer, or

(b)

a police officer who is not below the rank of superintendent;

(c)

an officer of Her Majesty’s Revenue and Customs who is not below such grade as is designated by the Commissioners of Her Majesty’s Revenue and Customs as equivalent to that rank;

“senior NCA officer” has the same meaning as in paragraph 10(5) of Schedule 1 to the Crime and Courts Act 2013.

(2) In this Order references to—

(a)a “business in the regulated sector” must be construed in accordance with Schedule 9 to the Act;

(b)“notice in writing” includes reference to notice given by electronic means.

(1)

1947 c. 44, see section 17, as amended by article 3(2) of S.I. 1968/1656.

(3)

Section 415 was amended by section 107 of the Serious Organised Crime and Police Act 2005 (c. 15).