PART 1 U.K. Proceeds of crime

CHAPTER 1 U.K. Investigations

Unexplained wealth orders: England and Wales and Northern Ireland E+W+N.I.

3 External assistance E+W+N.I.

After section 362R of the Proceeds of Crime Act 2002 (inserted by section 2 above) insert—

“Unexplained wealth orders: enforcement abroad E+W+N.I.

362S Enforcement abroad: enforcement authority

(1) This section applies if—

(a) the High Court makes an unexplained wealth order in respect of any property,

(b) it appears to the enforcement authority that the risk mentioned in section 362J(2) applies in relation to the property, and

(c) the enforcement authority believes that the property is in a country outside the United Kingdom (the receiving country).

(2) The enforcement authority may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

(3) The Secretary of State may forward the request for assistance to the government of the receiving country.

(4) A request for assistance under this section is a request to the government of the receiving country—

(a) to secure that any person is prohibited from dealing with the property;

(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.

362T Enforcement abroad: receiver

(1) This section applies if—

(a) an interim freezing order has effect in relation to property, and

(b) the receiver appointed under section 362N in respect of the property believes that it is in a country outside the United Kingdom (the receiving country).

(2) The receiver may send a request for assistance in relation to the property to the Secretary of State with a view to it being forwarded under this section.

(3) The Secretary of State must forward the request for assistance to the government of the receiving country.

(4) A request for assistance under this section is a request to the government of the receiving country—

(a) to secure that any person is prohibited from dealing with the property;

(b) for assistance in connection with the management of the property, including with securing its detention, custody or preservation.”

Commencement Information

I1 S. 3 in force at Royal Assent for specified purposes, see s. 58

I2 S. 3 in force at 31.1.2018 for E.W. in so far as not already in force by S.I. 2018/78, reg. 3(a)

I3 S. 3 in force at 28.6.2021 for N.I. in so far as not already in force by S.I. 2021/724, reg. 2(1)(a)