Part 5

Civil recovery of the proceeds etc. of unlawful conduct
CHAPTER 3A

Recovery of listed assets in summary proceedings

Searches

Searches: supplemental provision
303D
1
The powers conferred by section 303C—
a
are exercisable only so far as reasonably required for the purpose of finding a listed asset;
b
include the power to carry out (or arrange for the carrying out of) tests on anything found during the course of the search for the purpose of establishing whether it is a listed asset;
c
are exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that the unlawful conduct in question relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979);
d
are exercisable by an SFO officer or an accredited financial investigator only in relation to the following—
i
premises in England, Wales or Northern Ireland (in the case of section 303C(1));
ii
vehicles and suspects in England, Wales or Northern Ireland (in the case of section 303C(5) and (8)(a));
iii
suspects in England, Wales or Northern Ireland (in the case of section 303C(6) and (8)(b)).
2
Section 303C does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).
Pt. 5 Ch. 3A applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))
Pt. 5 Ch. 3A inserted (27.4.2017 for specified purposes, 31.10.2017 for the insertion of ss. 303G, 303H for E.W.S. so far as not already in force, 30.1.2018 for the insertion of s. 303E(4) for E.W.S. so far as not already in force, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 15, 58(1)(6); S.I. 2017/991, reg. 2(d); S.I. 2018/78, regs. 2(a), 4(b); S.I. 2021/724, reg. 2(1)(f)