The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015

Amendment of article 48 (requirements where production order not available)

19.—(1) Article 48 of the 2013 Order (requirements where production order not available) is amended as follows.

(2) For paragraph (2) substitute—

“(2) This paragraph applies if there are reasonable grounds for suspecting that—

(a) the person specified in the application for the warrant holds property obtained as a result of or in connection with criminal conduct;

(b) that person has, at any time, held property that was obtained as a result of or in connection with criminal conduct; or

(c) the property specified in the application for the warrant is property obtained as a result of or in connection with criminal conduct.”.

(3) For paragraph (6)(a) substitute—

“(a) relates to the person or property specified in the application or to any of the questions listed in paragraph (6A); and”.

(4) After paragraph (6) insert—

“(6A) Those questions are—

(a) where a person is specified in the application, any question as to—

(i) what property the person holds or has held;

(ii) whether the property was obtained as a result of or in connection with criminal conduct; or

(iii) the nature, extent or whereabouts of the property; and

(b) where property is specified in the application, any question as to—

(i) whether the property was obtained as a result of or in connection with criminal conduct;

(ii) who holds it or has held it;

(iii) whether a person who appears to hold or to have held it holds or has held other property;

(iv) whether the other property was obtained as a result of or in connection with criminal conduct; or

(v) the nature, extent or whereabouts of the specified property or the other property.”.