Part 11

Co-operation

Interpretation
447
1
An external request is a request by an overseas authority to prohibit dealing with relevant property which is identified in the request.
2
An external order is an order which—
a
is made by an overseas court where property is found or believed to have been obtained as a result of or in connection with criminal conduct, and
b
is for the recovery of specified property or a specified sum of money.
3
An external investigation is an investigation by an overseas authority into—
a
whether property has been obtained as a result of or in connection with criminal conduct, ...
aa
the extent or whereabouts of property obtained as a result of or in connection with criminal conduct, or
b
whether a money laundering offence has been committed.
4
Property is all property wherever situated and includes—
a
money;
b
all forms of property, real or personal, heritable or moveable;
c
things in action and other intangible or incorporeal property.
5
Property is obtained by a person if he obtains an interest in it.
6
References to an interest, in relation to property other than land, include references to a right (including a right to possession).
6A
A person who obtains a pecuniary advantage as a result of or in connection with conduct is to be taken to obtain, as a result of or in connection with the conduct, a sum of money equal to the value of the pecuniary advantage.
6B
References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and some other.
7
Property is relevant property if there are reasonable grounds to believe that it may be needed to satisfy an external order which has been or which may be made.
8
Criminal conduct is conduct which—
a
constitutes an offence in any part of the United Kingdom, or
b
would constitute an offence in any part of the United Kingdom if it occurred there.
9
A money laundering offence is conduct carried out in a country or territory outside the United Kingdom and which if carried out in the United Kingdom would constitute any of the following offences—
a
an offence under section 327, 328 or 329;
b
an attempt, conspiracy or incitement to commit an offence specified in paragraph (a);
c
aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a).
10
An overseas court is a court of a country or territory outside the United Kingdom.
11
An overseas authority is an authority which has responsibility in a country or territory outside the United Kingdom—
a
for making a request to an authority in another country or territory (including the United Kingdom) to prohibit dealing with relevant property,
b
for carrying out an investigation into whether property has been obtained as a result of or in connection with criminal conduct, or
c
for carrying out an investigation into whether a money laundering offence has been committed.
12
This section applies for the purposes of this Part.
S. 447 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
S. 447(3)(aa) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 108(4), 178(8); S.I. 2005/1521, art. 3(1)(d)
Word in s. 447(3)(a) repealed (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(ee)
S. 447(9)(b) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 44(c) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 447(6A)(6B) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 39, 88(1); S.I. 2015/820, reg. 3(l)