Part 8Investigations

Chapter 3Scotland

Disclosure orders

I1392 Requirements for making of disclosure order

1

These are the requirements for the making of a disclosure order.

2

There must be reasonable grounds for suspecting that—

a

in the case of a confiscation investigation, the person specified in the application for the order has benefited from his criminal conduct;

F1aa

in the case of a money laundering investigation, the person specified in the application for the order has committed a money laundering offence;

F2b

in the case of a civil recovery investigation—

i

the person specified in the application for the order holds recoverable property or associated property,

ii

that person has, at any time, held property that was recoverable property or associated property at the time, or

iii

the property specified in the application for the order is recoverable property or associated property;

3

There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought.

4

There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.