The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003

Statutory Instruments

2003 No. 425

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003

Made

27th February 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

At the Court at Buckingham Palace, the 27th day of February 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of sections 443(1)(d) and (e), (3) and (4) and 459(2) of the Proceeds of Crime Act 2002(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

PART 1 U.K. INTRODUCTION

Title and commencement U.K.

1.  This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 and shall come into force on 1st April 2003.

Commencement Information

I1 Art. 1 in force at 1.4.2003, see art. 1

Interpretation U.K.

2.  In this Order—

“the Act” means the Proceeds of Crime Act 2002;

“an English or Welsh account monitoring order” means an order made in England and Wales under section 370(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

[F1 “an English or Welsh appropriate officer means”—

(a)

in relation to a confiscation investigation—

(i)

a National Crime Agency officer;

(ii)

an accredited financial investigator;

(iii)

a constable of a police force in England and Wales;

(iv)

an officer of Revenue and Customs; or

(v)

an immigration officer;

(aa)

[F2 in relation to a cryptoasset investigation—

(i)

a constable of a police force in England and Wales,

(ii)

an SFO officer,

(iii)

an accredited financial investigator, or

(iv)

an officer of Revenue and Customs;]

(b)

in relation to a detained cash investigation—

(i)

an accredited financial investigator;

(ii)

a constable of a police force in England and Wales;

(iii)

an officer of Revenue and Customs; or

(iv)

an immigration officer;

(c)

in relation to a money laundering investigation—

(i)

an accredited financial investigator;

(ii)

a constable of a police force in England and Wales;

(iii)

an officer of Revenue and Customs; or

(iv)

an immigration officer;

(d)

[F3 in relation to a detained property investigation—

(i)

a constable of a police force in England and Wales;

(ii)

an accredited financial investigator; or

(iii)

an officer of Revenue and Customs;

(e)

in relation to a frozen funds investigation—

(i)

a constable of a police force in England and Wales;

(ii)

an accredited financial investigator; or

(iii)

an officer of Revenue and Customs;]]

“an English or Welsh customer information order” means an order made in England and Wales under section 363(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

“an English or Welsh disclosure order” means an order made in England and Wales under section 357(1) of the Act for the purposes of a confiscation investigation [F4 or F5 ... a money laundering investigation];

[F6 “an English or Welsh [F7 information] order” means an order made by a court in England or Wales under section 339ZH of the Act ([F7 information] orders);

“an English or Welsh moratorium extension order” means an order made by a court in England or Wales under section 336A of the Act (power of court to extend the moratorium period);]

“an English or Welsh production order” means an order made in England and Wales under section 345(1) of the Act for the purposes of a confiscation investigation [F8 , a money laundering investigation [F9 , a detained cash investigation, F10 ... a detained property investigation [F11 , a frozen funds investigation or a cryptoasset investigation]]];

“an English or Welsh search and seizure warrant” means a warrant issued in England and Wales under section 352(1) of the Act for the purposes of a confiscation investigation [F12 , a money laundering investigation [F13 , a detained cash investigation, F14 ... a detained property investigation [F15 , a frozen funds investigation or a cryptoasset investigation]]];

[F16 “an English or Welsh senior officer” means an officer of a description listed in section 336D(7) of the Act (sections 336A to 336C: interpretation);]

“a Northern Ireland account monitoring order” means an order made in Northern Ireland under section 370(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

[F17 “a Northern Ireland appropriate officer” means—

(a)

in relation to a confiscation investigation—

(i)

a National Crime Agency officer;

(ii)

an accredited financial investigator;

(iii)

a constable of the Police Service of Northern Ireland;

(iv)

an officer of Revenue and Customs; or

(v)

an immigration officer;

(aa)

[F18 in relation to a cryptoasset investigation—

(i)

a constable of the Police Service of Northern Ireland.

(ii)

an SFO officer,

(iii)

an accredited financial investigator, or

(iv)

an officer of Revenue and Customs;]

(b)

in relation to a money laundering investigation—

(i)

an accredited financial investigator;

(ii)

a constable of the Police Service of Northern Ireland;

(iii)

an officer of Revenue and Customs; or

(iv)

an immigration officer;

(c)

[F19 in relation to a detained cash investigation—

(i)

an accredited financial investigator;

(ii)

a constable of the Police Service of Northern Ireland;

(iii)

an officer of Revenue and Customs; or

(iv)

an immigration officer;]

(d)

[F20 in relation to a detained property investigation—

(i)

an accredited financial investigator,

(ii)

a constable of the Police Service of Northern Ireland, or

(iii)

an officer of Revenue and Customs;

(e)

in relation to a frozen funds investigation—

(i)

an accredited financial investigator,

(ii)

a constable of the Police Service of Northern Ireland, or

(iii)

an officer of Revenue and Customs;]]

“a Northern Ireland customer information order” means an order made in Northern Ireland under section 363(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

“a Northern Ireland disclosure order” means an order made in Northern Ireland under section 357(1) of the Act for the purposes of a confiscation investigation [F21 or a money laundering investigation];

[F22 “a Northern Ireland [F7 information] order” means an order made by a court in Northern Ireland under section 339ZH of the Act ([F7 information] orders);]

[F23 “a Northern Ireland moratorium extension order” means an order made by a court in Northern Ireland under section 336A of the Act (power of court to extend the moratorium period);]

“a Northern Ireland production order” means an order made in Northern Ireland under section 345(1) of the Act for the purposes of a confiscation investigation [F24 , a money laundering investigation [F25 , a detained cash investigation, a detained property investigation [F26 , a frozen funds investigation or a cryptoasset investigation]]];

“a Northern Ireland search and seizure warrant” means a warrant issued in Northern Ireland under section 352(1) of the Act for the purposes of a confiscation investigation [F27 , a money laundering investigation [F28 , a detained cash investigation, a detained property investigation [F29 , a frozen funds investigation or a cryptoasset investigation]]];

“the Police and Criminal Evidence Order” means the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003(2);

[F30 “the Police and Criminal Evidence Order for Northern Ireland” means [F31 the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016];

“the Police and Criminal Evidence Order for England and Wales” means the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015;]

“a Scottish account monitoring order” means an order made under section 404(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

“a Scottish customer information order” means an order made under section 397(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

“a Scottish disclosure order” means an order made under section 391(1) of the Act for the purposes of a confiscation investigation [F32 or F33 ... a money laundering investigation];

[F34 “a Scottish [F7 information] order” means an order made by a court in Scotland under section 339ZH of the Act ([F7 information] orders);

“a Scottish moratorium extension order” means an order made by a court in Scotland under section 336A of the Act (power of court to extend the moratorium period);]

“a Scottish production order” means an order made under section 380(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

“a Scottish search warrant” means a warrant issued under section 387(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;

references to a constable of a police force in Scotland(3) include [F35 references to an officer of Revenue and Customs and an immigration officer].

Textual Amendments

F1 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(a) (with art. 3(a))

F2 Words in art. 2 inserted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(a)

F3 Words in art. 2 inserted (31.1.2018 for specified purposes, 16.4.2018 in so far as not already in force) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(2), Sch. para. 2(a)

F4 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(b)

F5 Words in art. 2 omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(1)

F6 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(c)

F7 Word in art. 2 substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(b)

F8 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(b) (with art. 3(b))

F9 Words in art. 2 substituted (31.1.2018 for specified purposes, 16.4.2018 in so far as not already in force) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(2), Sch. para. 2(d)

F10 Words in art. 2 omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(2)

F11 Words in art. 2 substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(c)

F12 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(c) (with art. 3(b))

F13 Words in art. 2 substituted (31.1.2018 for specified purposes, 16.4.2018 in so far as not already in force) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(2), Sch. para. 2(e)

F14 Words in art. 2 omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(3)

F15 Words in art. 2 substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(d)

F16 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(f)

F17 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(d)

F18 Words in art. 2 inserted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(e)

F19 Words in art. 2 inserted (31.3.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2016 (S.I. 2016/291), arts. 1(2), 3(a) (with art. 4)

F20 Words in art. 2 inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(4)

F21 Words in art. 2 inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(5)

F22 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(g)

F23 Words in art. 2 inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(6)

F24 Words in art. 2 substituted (31.3.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2016 (S.I. 2016/291), arts. 1(2), 3(b) (with art. 4)

F25 Words in art. 2 substituted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(7)

F26 Words in art. 2 substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(f)

F27 Words in art. 2 substituted (31.3.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2016 (S.I. 2016/291), arts. 1(2), 3(c) (with art. 4)

F28 Words in art. 2 substituted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(8)

F29 Words in art. 2 substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(2)(g)

F30 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(e)

F31 Words in art. 2 substituted (31.3.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2016 (S.I. 2016/291), arts. 1(2), 3(d)

F32 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(h)

F33 Words in art. 2 omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 1(9)

F34 Words in art. 2 inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 2(i)

F35 Words in art. 2 substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(2)(f)

Commencement Information

I2 Art. 2 in force at 1.4.2003, see art. 1

PART 2 U.K. ENFORCEMENT IN ENGLAND AND WALES OF SCOTTISH AND NORTHERN IRELAND ORDERS AND WARRANTS

Northern Ireland production orders U.K.

3.—(1) This article applies where—

(a) a Northern Ireland production order requires a person in England and Wales in possession or control of material in England and Wales to produce the material or give access to the material; or

(b) an order to grant entry to premises in England and Wales is made in respect of a Northern Ireland production order under section 347 of the Act.

(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by an English or Welsh appropriate officer or a Northern Ireland appropriate officer serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.

(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.

(6) Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.

(7) Section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular—

(a) if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales; and

(b) the production order must be served as if the proceedings were civil proceedings started against the department in England and Wales.

Commencement Information

I3 Art. 3 in force at 1.4.2003, see art. 1

Scottish production orders U.K.

4.—(1) This article applies where—

(a) a Scottish production order requires a person in England and Wales in possession or control of material in England and Wales to produce the material or give access to the material; or

(b) an order to grant entry to premises in England and Wales is made in respect of a Scottish production order under section 382 of the Act.

(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,

and the Summary Jurisdiction (Process) Act 1881(4), any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.

(3) Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “a proper person” in each place where it occurs, there is substituted “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.

(6) Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.

(7) Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular—

(a) if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5) of the Act) the person on whom it is served must report the reasons for the failure to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales; and

(b) the production order must be served as if the proceedings were civil proceedings started against the department in England and Wales.

Commencement Information

I4 Art. 4 in force at 1.4.2003, see art. 1

Northern Ireland search and seizure warrants U.K.

5.—(1) This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in England and Wales.

(2) Section 352(4) of the Act (definition of a search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.

(3) Section 352(5) of the Act (definition of an appropriate person) has effect with the modifications in paragraph (4).

[F36 (4) The modifications are—

(a) for paragraphs (b) to (d) substitute—

“(b) a constable of a police force in England and Wales;

(c) a constable of the Police Service of Northern Ireland;

(d) an accredited financial investigator;

(e) an officer of Revenue and Customs; or

(f) an immigration officer.”; and

(b) in subsection (7), for “paragraph (c)” substitute “paragraph (d)”.]

(5) Section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.

(6) Article 7 of the Police and Criminal Evidence Order [F37 for Northern Ireland] (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in England and Wales.

(7) [F38 Article 3 of the Police and Criminal Evidence Order for England and Wales (application of section 16 of PACE)] has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.

(8) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989(5) (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in England and Wales.

(9) Section 20 of the Police and Criminal Evidence Act 1984(6) (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of the Police Service of Northern Ireland or [F39 an officer of Revenue and Customs] exercising functions by virtue of paragraphs (2) to (4).

(10) Articles 8 and 9 of the Police and Criminal Evidence Order [F40 for Northern Ireland] (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.

(11) [F41 Articles 4 and 5 of the Police and Criminal Evidence Order for England and Wales (application of sections 21 and 22 of PACE)] do not apply.

Textual Amendments

F36 Art. 5(4) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(a)

F37 Words in art. 5(6) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(b)

F38 Words in art. 5(7) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(c)

F39 Words in art. 5(9) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(d)

F40 Words in art. 5(10) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(e)

F41 Words in art. 5(11) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(3)(f)

Commencement Information

I5 Art. 5 in force at 1.4.2003, see art. 1

Scottish search warrants U.K.

6.—(1) This article applies where a Scottish search warrant authorises entry into and search of premises in England and Wales.

(2) Section 387(4) of the Act (definition of search warrant) has effect with the modification that for “a proper person”, there is substituted “a constable of a police force in England and Wales, a constable of a police force in Scotland or both acting together, as the warrant specifies”.

(3) Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.

(4) [F42 Article 3 of the Police and Criminal Evidence Order for England and Wales (application of section 16 of PACE)] has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.

(5) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in England and Wales.

(6) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).

(7) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.

(8) [F43 Articles 4 and 5 of the Police and Criminal Evidence Order for England and Wales (application of sections 21 and 22 of PACE)] do not apply.

(9) The Summary Jurisdiction (Process) Act 1881 does not apply.

Textual Amendments

F42 Words in art. 6(4) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(4)(a)

F43 Words in art. 6(8) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(4)(b)

Commencement Information

I6 Art. 6 in force at 1.4.2003, see art. 1

Northern Ireland disclosure orders U.K.

7.—(1) Paragraphs (2) to (4) apply where [F44 a Northern Ireland appropriate officer] gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to—

(a) answer questions in England and Wales; or

(b) provide information or produce documents in England and Wales.

(2) Proceedings for an offence under section 359 of the Act may be brought in England and Wales.

(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.

(4) Section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order.

(5) Paragraph (6) applies where [F45 a Northern Ireland appropriate officer] gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to—

(a) answer questions in Northern Ireland; or

(b) provide information or produce documents in Northern Ireland.

(6) Proceedings for an offence under section 359 may be brought in England and Wales, as well as in Northern Ireland.

Textual Amendments

F44 Words in art. 7(1) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(4)

F45 Words in art. 7(5) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(4)

Commencement Information

I7 Art. 7 in force at 1.4.2003, see art. 1

Scottish disclosure orders U.K.

8.—(1) Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to—

(a) answer questions in England and Wales; or

(b) provide information or produce documents in England and Wales.

(2) Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order.

(3) Section 394 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).

(4) The modifications are that in subsection (2)—

(a) in paragraph (b), after “section 393(1) or (3)”, there is inserted “or an offence under section 359(1) or (3)”;

(b) in paragraph (c), after “perjury”, there is inserted “or an offence under section 5 of the Perjury Act 1911(7)”.

(5) Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order, with the [F46 modifications in paragraph (5A)].

[F47 (5A) The modifications are that—

(a) in subsection (7), for “An appropriate officer” there is substituted “The Lord Advocate”; and

(b) in subsection (9), for “an appropriate officer” there is substituted “the Lord Advocate”.]

(6) Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to—

(a) answer questions in Scotland; or

(b) provide information or produce documents in Scotland.

(7) Section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.

(8) Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in England and Wales for an offence under section 359(1) or (3).

Textual Amendments

F46 Words in art. 8(5) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(5)(a)

F47 Art. 8(5A) inserted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(5)(b)

Commencement Information

I8 Art. 8 in force at 1.4.2003, see art. 1

Northern Ireland customer information orders U.K.

9.—(1) This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in England and Wales to provide customer information.

(2) Proceedings for an offence under section 366 of the Act may be brought in England and Wales, as well as in Northern Ireland.

(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.

(4) Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.

Commencement Information

I9 Art. 9 in force at 1.4.2003, see art. 1

Scottish customer information orders U.K.

10.—(1) This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in England and Wales to provide customer information.

(2) Section 366 of the Act (offences) applies as if the order were an English or Welsh customer information order, as well as section 400 of the Act (offences).

(3) Section 401 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after “section 400(1) or (3)”, there is inserted “or an offence under section 366(1) or (3)”.

(4) Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.

Commencement Information

I10 Art. 10 in force at 1.4.2003, see art. 1

Northern Ireland account monitoring orders U.K.

11.—(1) This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in England and Wales.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by an English or Welsh appropriate officer or a Northern Ireland appropriate officer serving the order personally,

and any rules of court (other than rules of court made by virtue of section 446 of the Act) as to the service of documents or other requirements in law as to the service of documents do not apply.

(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and Northern Ireland appropriate officer acting together the order specifies”.

(4) The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.

(5) Section 372 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.

(6) Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.

Commencement Information

I11 Art. 11 in force at 1.4.2003, see art. 1

Scottish account monitoring orders U.K.

12.—(1) This article applies where a Scottish account monitoring order is made in respect of a financial institution in England and Wales.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.

(3) Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for “the proper person”, there is substituted “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(4) The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.

(5) Section 406 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland.

(6) Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.

Commencement Information

I12 Art. 12 in force at 1.4.2003, see art. 1

[F48 Northern Ireland [F49 information] orders U.K.

12A.— (1) This article applies where a Northern Ireland [F50 information] order is made in respect of a person in England and Wales.

(2) The [F50 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

and any rules of court (other than rules of court made by virtue of section 339ZK(5) of the Act) as to the service of documents or other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.

Textual Amendments

F48 Arts. 12A-12C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 3

F49 Word in art. 12A heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(3)

F50 Word in art. 12A substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(3)

Scottish [F51 information] orders U.K.

12B.— (1) This article applies where a Scottish [F52 information] order is made in respect of a person in England and Wales.

(2) The [F52 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or by a constable of a police force in Scotland,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) and any other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland.

Textual Amendments

F48 Arts. 12A-12C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 3

F51 Word in art. 12B heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(4)

F52 Word in art. 12B substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(4)

[F53 Northern Ireland moratorium extension orders U.K.

12BA.— (1) This article applies where a Northern Ireland moratorium extension order is made in respect of a person in England and Wales.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person, or

(b) personally by an English or Welsh senior officer or by a Northern Ireland appropriate officer,

and any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.]

Textual Amendments

F53 Art. 12BA inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 2

Scottish moratorium extension orders U.K.

12C.— (1) This article applies where a Scottish moratorium extension order is made in respect of a person in England and Wales.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person; or

(b) personally by an English or Welsh senior officer, or by a constable of a police force in Scotland,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.]

Textual Amendments

F48 Arts. 12A-12C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 3

PART 3 U.K. ENFORCEMENT IN NORTHERN IRELAND OF ENGLISH, WELSH AND SCOTTISH ORDERS AND WARRANTS

English or Welsh production orders U.K.

13.—(1) This article applies where—

(a) an English or Welsh production order requires a person in Northern Ireland in possession or control of material in Northern Ireland to produce the material or give access to the material; or

(b) an order to grant entry to premises in Northern Ireland is made in respect of an English or Welsh production order under section 347 of the Act.

(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a Northern Ireland appropriate officer or an English or Welsh appropriate officer serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.

(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.

(6) Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.

(7) Section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular—

(a) if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to a Crown Court judge in Northern Ireland; and

(b) the production order must be served as if the proceedings were civil proceedings started against the department in Northern Ireland.

Commencement Information

I13 Art. 13 in force at 1.4.2003, see art. 1

Scottish production orders U.K.

14.—(1) This article applies where—

(a) a Scottish production order requires a person in Northern Ireland in possession or control of material in Northern Ireland to produce the material or give access to the material; or

(b) an order to grant entry to premises in Northern Ireland is made in respect of a Scottish production order under section 382 of the Act.

(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.

(3) Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “a proper person” in each place where it occurs, there is substituted “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.

(6) Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.

(7) Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular—

(a) if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5) of the Act) the person on whom it is served must report the reasons for the failure to a Crown Court judge in Northern Ireland; and

(b) the production order must be served as if the proceedings were civil proceedings started against the department in Northern Ireland.

Commencement Information

I14 Art. 14 in force at 1.4.2003, see art. 1

English or Welsh search and seizure warrants U.K.

15.—(1) This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Northern Ireland.

(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.

(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).

[F54 (4) The modifications are that—

(a) for paragraphs (b) to (d) substitute—

“(b) a constable of a police force in England and Wales;

(c) a constable of the Police Service of Northern Ireland;

(d) an accredited financial investigator;

(e) an officer of Revenue and Customs; or

(f) an immigration officer.”;

(b) in subsection (7) for “paragraph (c)” substitute “paragraph (d)”.]

(5) Section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.

(6) [F55 Article 3 of the Police and Criminal Evidence Order for England and Wales (application of section 16 of PACE)] does not apply to the execution of the warrant in Northern Ireland.

(7) Article 7 of the Police and Criminal Evidence Order [F56 for Northern Ireland] (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.

(8) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Northern Ireland.

(9) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in England and Wales or [F57 an officer of Revenue and Customs] exercising functions by virtue of paragraphs (2) to (4).

(10) [F58 Articles 4 and 5 of the Police and Criminal Evidence Order for England and Wales (application of sections 21 and 22 of PACE)] have effect as if the warrant had been executed in England and Wales.

(11) Articles 8 and 9 of the Police and Criminal Evidence Order [F59 for Northern Ireland] (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.

Textual Amendments

F54 Art. 15(4) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(a)

F55 Words in art. 15(6) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(b)

F56 Words in art. 15(7) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(c)

F57 Words in art. 15(9) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(d)

F58 Words in art. 15(10) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(e)

F59 Words in art. 15(11) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(5)(f)

Commencement Information

I15 Art. 15 in force at 1.4.2003, see art. 1

Scottish search warrants U.K.

16.—(1) This article applies where a Scottish search warrant authorises entry into and search of premises in Northern Ireland.

(2) Section 387(4) of the Act (definition of search warrant) has effect with the modification that for “a proper person”, there is substituted “a constable of the Police Service of Northern Ireland, a constable of a police force in Scotland or both acting together, as the warrant specifies”.

(3) Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.

(4) Article 7 of the Police and Criminal Evidence Order [F60 for Northern Ireland] (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.

(5) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in Northern Ireland.

(6) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).

(7) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.

(8) Articles 8 and 9 of the Police and Criminal Evidence Order [F61 for Northern Ireland] (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.

(9) The Summary Jurisdiction (Process) Act 1881 does not apply.

Textual Amendments

F60 Words in art. 16(4) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(6)(a)

F61 Words in art. 16(8) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(6)(b)

Commencement Information

I16 Art. 16 in force at 1.4.2003, see art. 1

English or Welsh disclosure orders U.K.

17.—(1) Paragraphs (2) to (4) apply where [F62 an English or Welsh appropriate officer] gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to—

(a) answer questions in Northern Ireland; or

(b) provide information or produce documents in Northern Ireland.

(2) Proceedings for an offence under section 359 of the Act may be brought in Northern Ireland.

(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.

(4) Section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order.

(5) Paragraph (6) applies where [F63 an English or Welsh appropriate officer] gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to—

(a) answer questions in England or Wales; or

(b) provide information or produce documents in England or Wales.

(6) Proceedings for an offence under section 359 may be brought in Northern Ireland, as well as in England and Wales.

Textual Amendments

F62 Words in art. 17(1) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(7)

F63 Words in art. 17(5) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(7)

Commencement Information

I17 Art. 17 in force at 1.4.2003, see art. 1

Scottish disclosure orders U.K.

18.—(1) Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to—

(a) answer questions in Northern Ireland; or

(b) provide information or produce documents in Northern Ireland.

(2) Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order.

(3) Section 394 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).

(4) The modifications are that in subsection (2)—

(a) in paragraph (b), after “section 393(1) or (3)”, there is inserted “or an offence under section 359(1) or (3)”;

(b) in paragraph (c), after “perjury”, there is inserted “or an offence under article 10 of the Perjury (Northern Ireland) Order 1979(8)”.

(5) Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order, with the [F64 modifications in paragraph (5A)].

[F65 (5A) The modifications are that—

(a) in subsection (7), for “An appropriate officer” there is substituted “The Lord Advocate”; and

(b) in subsection (9), for “an appropriate officer” there is substituted “the Lord Advocate”.]

(6) Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to—

(a) answer questions in Scotland; or

(b) provide information or produce documents in Scotland.

(7) Section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.

(8) Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Northern Ireland for an offence under section 359(1) or (3).

Textual Amendments

F64 Words in art. 18(5) substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(8)(a)

F65 Art. 18(5A) inserted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(8)(b)

Commencement Information

I18 Art. 18 in force at 1.4.2003, see art. 1

English or Welsh customer information orders U.K.

19.—(1) This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Northern Ireland to provide customer information.

(2) Proceedings for an offence under section 366 of the Act may be brought in Northern Ireland, as well as in England and Wales.

(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.

(4) Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.

Commencement Information

I19 Art. 19 in force at 1.4.2003, see art. 1

Scottish customer information orders U.K.

20.—(1) This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in Northern Ireland to provide customer information.

(2) Section 366 of the Act (offences) applies as if the order were a Northern Ireland customer information order, as well as section 400 of the Act (offences).

(3) Section 401 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after “section 400(1) or (3)”, there is inserted “or an offence under section 366(1) or (3)”.

(4) Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.

Commencement Information

I20 Art. 20 in force at 1.4.2003, see art. 1

English or Welsh account monitoring orders U.K.

21.—(1) This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Northern Ireland.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a Northern Ireland appropriate officer or an English or Welsh appropriate officer serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.

(4) The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.

(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.

(6) Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.

Commencement Information

I21 Art. 21 in force at 1.4.2003, see art. 1

Scottish account monitoring orders U.K.

22.—(1) This article applies where a Scottish account monitoring order is made in respect of a financial institution in Northern Ireland.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.

(3) Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for “the proper person”, there is substituted “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(4) The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.

(5) Section 406 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland.

(6) Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.

Commencement Information

I22 Art. 22 in force at 1.4.2003, see art. 1

[F66 English or Welsh [F67 information] orders U.K.

22A.— (1) This article applies where an English or Welsh [F68 information] order is made in respect of a person in Northern Ireland.

(2) The [F68 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) and other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.

Textual Amendments

F66 Arts. 22A, 22B inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 4

F67 Word in art. 22A heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(5)

F68 Word in art. 22A substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(5)

Scottish [F69 information] orders U.K.

22B.— (1) This article applies where a Scottish [F70 information] order is made in respect of a person in Northern Ireland.

(2) The [F70 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or by a constable of a police force in Scotland,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) and any other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland.]

Textual Amendments

F66 Arts. 22A, 22B inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 4

F69 Word in art. 22B heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(6)

F70 Word in art. 22B substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(6)

[F71 English or Welsh moratorium extension orders U.K.

22C.— (1) This article applies where an English or Welsh moratorium extension order is made in respect of a person in Northern Ireland.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person, or

(b) personally by a Northern Ireland appropriate officer or by an English or Welsh senior officer,

and any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.

Textual Amendments

F71 Arts. 22C, 22D inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 3

Scottish moratorium extension orders U.K.

22D.— (1) This article applies where a Scottish moratorium extension order is made in respect of a person in Northern Ireland.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person, or

(b) personally by a Northern Ireland appropriate officer or by a constable of a police force in Scotland,

and any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.]

Textual Amendments

F71 Arts. 22C, 22D inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 3

PART 4 U.K. ENFORCEMENT IN SCOTLAND OF ENGLISH, WELSH AND NORTHERN IRELAND ORDERS AND WARRANTS

English or Welsh production orders U.K.

23.—(1) This article applies where—

(a) an English or Welsh production order requires a person in Scotland in possession or control of material in Scotland to produce the material or give access to the material; or

(b) an order to grant entry to premises in Scotland is made in respect of an English or Welsh production order under section 347 of the Act.

(2) The production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a constable of a police force in Scotland or an English or Welsh appropriate officer serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(5) The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.

(6) Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.

(7) Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.

Commencement Information

I23 Art. 23 in force at 1.4.2003, see art. 1

Northern Ireland production orders U.K.

24.—(1) This article applies where—

(a) a Northern Ireland production order requires a person in Scotland in possession or control of material in Scotland to produce the material or give access to the material; or

(b) an order to grant entry to premises in Scotland is made in respect of a Northern Ireland production order under section 347 of the Act.

(2) The production order or the order to grant entry, as the case may be, may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a constable of a police force in Scotland or a Northern Ireland appropriate officer serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).

(4) The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of a constable of a police force in Scotland, a Northern Ireland appropriate officer or a constable of a police force in Scotland and a Northern Ireland appropriate officer acting together the order specifies”.

(5) The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.

(6) Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.

(7) Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.

Commencement Information

I24 Art. 24 in force at 1.4.2003, see art. 1

English or Welsh search and seizure warrants U.K.

25.—(1) This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Scotland.

(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.

(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).

(4) The modifications are that for paragraphs (a) and (b), there are substituted—

“(a) a constable of a police force in England and Wales; or

(b) a constable of a police force in Scotland.”.

(5) Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.

(6) [F72 Article 3 of the Police and Criminal Evidence Order for England and Wales (application of section 16 of PACE)] does not apply to the execution of the warrant in Scotland.

(7) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.

(8) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.

(9) [F73 Articles 4 and 5 of the Police and Criminal Evidence Order for England and Wales (application of sections 21 and 22 of PACE)] have effect as if the warrant had been executed in England and Wales.

(10) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.

Textual Amendments

F72 Words in art. 25(6) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(7)(a)

F73 Words in art. 25(9) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(7)(b)

Commencement Information

I25 Art. 25 in force at 1.4.2003, see art. 1

Northern Ireland search and seizure warrants U.K.

26.—(1) This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in Scotland.

(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.

(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).

(4) The modifications are that for paragraphs (a) and (b), there are substituted—

“(a) a constable of the Police Service of Northern Ireland; or

(b) a constable of a police force in Scotland.”.

(5) Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.

(6) Article 7 of the Police and Criminal Evidence Order [F74 for Northern Ireland] (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in Scotland.

(7) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.

(8) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.

(9) Articles 8 and 9 of the Police and Criminal Evidence Order [F75 for Northern Ireland] (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.

(10) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.

Textual Amendments

F74 Words in art. 26(6) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(8)(a)

F75 Words in art. 26(9) inserted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(8)(b)

Commencement Information

I26 Art. 26 in force at 1.4.2003, see art. 1

English or Welsh disclosure orders U.K.

27.—(1) Paragraphs (2) to (5) apply where [F76 an English or Welsh appropriate officer] gives a notice under an English or Welsh disclosure order which requires a person in Scotland to—

(a) answer questions in Scotland; or

(b) provide information or produce documents in Scotland.

(2) Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.

(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modifications in paragraph (4).

(4) The modifications are that in subsection (2)—

(a) in paragraph (b), after “section 359(1) or (3)”, there is inserted “or an offence under section 393(1) or (3)”;

(b) in paragraph (c), after “prosecution for”, there is inserted “perjury in the law of Scotland,”.

(5) Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for “the Lord Advocate”, in each place where it occurs, there is substituted “[F76 an English or Welsh appropriate officer]”.

(6) Paragraphs (7) and (8) apply where [F76 an English or Welsh appropriate officer] gives a notice under an English or Welsh disclosure order which requires a person in Scotland to—

(a) answer questions in England and Wales; or

(b) provide information or produce documents in England and Wales.

(7) Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.

(8) Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).

Textual Amendments

F76 Words in art. 27 substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(9)

Commencement Information

I27 Art. 27 in force at 1.4.2003, see art. 1

Northern Ireland disclosure orders U.K.

28.—(1) Paragraphs (2) to (5) apply where [F77 a Northern Ireland appropriate officer] gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to—

(a) answer questions in Scotland; or

(b) provide information or produce documents in Scotland.

(2) Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.

(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modifications in paragraph (4).

(4) The modifications are that in subsection (2)—

(a) in paragraph (b), after “section 359(1) or (3)”, there is inserted “or an offence under section 393(1) or (3)”;

(b) in paragraph (c), after “prosecution for”, there is inserted “perjury in the law of Scotland,”.

(5) Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for “the Lord Advocate”, in each place where it occurs, there is substituted “[F77 a Northern Ireland appropriate officer]”.

(6) Paragraphs (7) and (8) apply where [F77 a Northern Ireland appropriate officer] gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to—

(a) answer questions in Northern Ireland; or

(b) provide information or produce documents in Northern Ireland.

(7) Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.

(8) Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).

Textual Amendments

F77 Words in art. 28 substituted (1.4.2008) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(1), 2(10)

Commencement Information

I28 Art. 28 in force at 1.4.2003, see art. 1

English or Welsh customer information orders U.K.

29.—(1) This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Scotland to provide customer information.

(2) Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).

(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modification that in paragraph (b) of subsection (2), after “section 366(1) or (3)”, there is inserted “or an offence under section 400(1) or (3)”.

(4) Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.

Commencement Information

I29 Art. 29 in force at 1.4.2003, see art. 1

Northern Ireland customer information orders U.K.

30.—(1) This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in Scotland to provide customer information.

(2) Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).

(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modification that in paragraph (b) of subsection (2), after “section 366(1) or (3)”, there is inserted “or an offence under section 400(1) or (3)”.

(4) Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.

Commencement Information

I30 Art. 30 in force at 1.4.2003, see art. 1

English or Welsh account monitoring orders U.K.

31.—(1) This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Scotland.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(4) The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.

(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales.

(6) Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.

Commencement Information

I31 Art. 31 in force at 1.4.2003, see art. 1

Northern Ireland account monitoring orders U.K.

32.—(1) This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in Scotland.

(2) The account monitoring order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or

(b) by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.

(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.

(4) The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.

(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland.

(6) Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.

Commencement Information

I32 Art. 32 in force at 1.4.2003, see art. 1

[F78 English or Welsh [F79 information] orders U.K.

32A.— (1) This article applies where an English or Welsh [F80 information] order is made in respect of a person in Scotland.

(2) The [F80 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by a constable of a police force in Scotland or by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) or other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales.

Textual Amendments

F78 Arts. 32A-32C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 5

F79 Word in art. 32A heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(7)

F80 Word in art. 32A substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(7)

Northern Ireland [F81 information] orders U.K.

32B.— (1) This article applies where a Northern Ireland [F82 information] order is made in respect of a person in Scotland.

(2) The [F82 information] order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b) personally by a constable of a police force in Scotland or by the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

and any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) or other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland.

Textual Amendments

F78 Arts. 32A-32C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 5

F81 Word in art. 32B heading substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(8)

F82 Word in art. 32B substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(8)

English or Welsh moratorium extension orders U.K.

32C.— (1) This article applies where an English or Welsh moratorium extension order is made in respect of a person in Scotland.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person; or

(b) personally by a constable of a police force in Scotland or by an English or Welsh senior officer,

and any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.]

Textual Amendments

F78 Arts. 32A-32C inserted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 5

[F83 Northern Ireland moratorium extension orders U.K.

32D.— (1) This article applies where a Northern Ireland moratorium extension order is made in respect of a person in Scotland.

(2) The moratorium extension order may be served—

(a) by sending it by post, facsimile transmission or electronic mail to each interested person, or

(b) personally by a constable of a police force in Scotland or by a Northern Ireland appropriate officer,

and any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply.]

Textual Amendments

F83 Art. 32D inserted (28.6.2021) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2021 (S.I. 2021/637), art. 1(2), Sch. para. 4

PART 5 U.K. SUPPLEMENTARY PROVISIONS RELATING TO CONFISCATION INVESTIGATIONS [F84 , MONEY LAUNDERING INVESTIGATIONS AND DETAINED CASH INVESTIGATIONS]

Textual Amendments

F84 Words in Pt. 5 heading substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(9) (with art. 3(b))

Applications for discharge and variation and Code of Practice U.K.

33.—(1) This article applies where an order made, or warrant issued, under Part 8 of the Act for the purposes of a confiscation investigation [F85 , a money laundering investigation [F86 , a detained cash investigation, a detained property investigation [F87 , a frozen funds investigation or a cryptoasset investigation]]] in one part of the United Kingdom is enforced in another part of the United Kingdom, in accordance with the preceding provisions of this Order.

(2) Any application for the discharge or variation of the order or warrant must be made in the part of the United Kingdom in which the order was made.

(3) The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in England and Wales F88 ... in respect of the order or warrant by—

(a) an English or Welsh appropriate officer;

(b) a Northern Ireland appropriate officer; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made [F89 by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act, or] by the Scottish Ministers under section 410(4) of the Act does not apply in such circumstances.

[F90 (3A) The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—

(a) an English or Welsh appropriate officer except for an accredited financial investigator or a constable of a police force in England and Wales; or

(b) a Northern Ireland appropriate officer except for an accredited financial investigator or a constable of the Police Service of Northern Ireland.

(3B) The Code of Practice for the time being in operation by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—

(a) an English or Welsh accredited financial investigator or a constable of a police force in England and Wales;

(b) a Northern Ireland accredited financial investigator or a constable of the Police Service of Northern Ireland; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act, or by virtue of an order made by the Scottish Ministers under section 410(4) of the Act, does not apply in such circumstances.]

(4) The Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act applies to any act done in Scotland in respect of the order or warrant by—

(a) an English or Welsh appropriate officer;

(b) a Northern Ireland appropriate officer; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act [F91 , or by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act,] does not apply in such circumstances.

Textual Amendments

F85 Words in art. 33(1) substituted (1.6.2015) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2015 (S.I. 2015/925), arts. 1, 2(10) (with art. 3(b))

F86 Words in art. 33(1) substituted (31.1.2018) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017 (S.I. 2017/1280), art. 1(3), Sch. para. 6

F87 Words in art. 33(1) substituted (26.4.2025) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024 (S.I. 2024/1123), arts. 1(2), 3(9)

F88 Words in art. 33(3) omitted (10.5.2016) by virtue of The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016 (S.I. 2016/498), arts. 1(2), 3(a)(i)

F89 Words in art. 33(3) inserted (10.5.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016 (S.I. 2016/498), arts. 1(2), 3(a)(ii)

F90 Art. 33(3A)(3B) inserted (10.5.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016 (S.I. 2016/498), arts. 1(2), 3(b)

F91 Words in art. 33(4) inserted (10.5.2016) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016 (S.I. 2016/498), arts. 1(2), 3(c)

Commencement Information

I33 Art. 33 in force at 1.4.2003, see art. 1

PART 6 U.K. ORDERS AND WARRANTS MADE OR ISSUED FOR THE PURPOSES OF CIVIL RECOVERY INVESTIGATIONS

Amendment of Civil Jurisdiction and Judgments Act 1982 U.K.

34.  In section 18 of the Civil Jurisdiction and Judgments Act 1982(9) (enforcement of United Kingdom judgments in other parts of the United Kingdom), there is inserted in subsection (2), after paragraph (e)—

“(f) an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation within the meaning given by section 341 of that Act;”.

Commencement Information

I34 Art. 34 in force at 1.4.2003, see art. 1

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order makes provision for orders and warrants made or issued under Part 8 of the Proceeds of Crime Act 2002 in one part of the United Kingdom to be enforced in another part of the United Kingdom. Part 8 of the Proceeds of Crime Act provides for various orders and warrants to be issued in relation to confiscation investigations, money laundering investigations and civil recovery investigations.

Articles 3 and 4 make provision for the enforcement in England and Wales of production orders made in Scotland or Northern Ireland for the purposes of a confiscation investigation or money laundering investigation. The effect is that the order may be enforced by the authorities in England and Wales, or the authorities of the jurisdiction which made the order, or by the authorities of both jurisdictions acting together. The rules for England and Wales as to material which does not need to be produced in relation to production orders apply. The order has effect as an order of the Crown Court in England and Wales so that contempt proceedings can be brought for non-compliance.

Articles 5 and 6 make provision for the enforcement in England and Wales of search and seizure warrants issued in Scotland or Northern Ireland for the purposes of a confiscation investigation or money laundering investigation. The warrant may be enforced by the authorities in England and Wales, or the authorities of the jurisdiction which made the order, or by the authorities of both jurisdictions acting together. The rules for England and Wales as to material which cannot be seized apply. The provisions of English law apply to the execution of the warrant but the law of the jurisdiction which made the order applies in relation to retention and copying of material seized under the warrant.

Articles 7 and 8 make provision for the enforcement in England and Wales of disclosure orders made in Scotland or Northern Ireland for the purposes of a confiscation investigation. Two regimes apply. The first regime deals with the situation where an officer travels to England and Wales to execute the disclosure order. In this case, the English law as to exclusions from the disclosure order applies, if the disclosure order is breached then the offender commits an offence under English law. The second regime deals with the situation where an officer requires a person in England and Wales to travel to the jurisdiction in which he is situated in order to execute a disclosure order. In this case, the law of the jurisdiction in which the officer is situated applies but a person who fails to comply commits an offence under English law, as well as the law of that jurisdiction.

Articles 9 and 10 make provision for the enforcement in England and Wales of customer information orders made in Scotland or Northern Ireland for the purposes of a confiscation investigation or money laundering investigation. The English law as to exclusions applies and if the customer information order is breached then the offender commits an offence under English law, as well as the law of the jurisdiction in which the order was made.

Articles 11 and 12 make provision for the enforcement in England and Wales of account monitoring orders made in Scotland or Northern Ireland for the purposes of a confiscation investigation or money laundering investigation. The order may be enforced by the authorities in England and Wales, or the authorities of the jurisdiction which made the order, or by the authorities of both jurisdictions acting together. The English law as to exclusions applies. The order has effect as an order of the Crown Court in England and Wales so that contempt proceedings can be brought for non-compliance.

Part 3 makes corresponding provision for orders and warrants made or issued in England and Wales or Scotland to be enforced in Northern Ireland. Part 4 makes corresponding provision for orders and warrants made or issued in England and Wales or Northern Ireland to be enforced in Scotland.

Article 33 makes it clear that an order or warrant to which Parts 2 to 4 apply can only be discharged or varied in the jurisdiction in which it was made or issued. It also deals with the application of the two Codes of Practice which Part 8 of the Act provides for (one for England, Wales and Northern Ireland and one for Scotland) where Parts 2 to 4 apply.

Article 34 amends the Civil Jurisdiction and Judgments Act 1982 so that orders and warrants made or issued under Part 8 of the Act for the purposes of a civil recovery investigation fall within the provisions of that Act as to enforcement in different parts of the United Kingdom.

(1)

2002 c. 29.

(2)

S.I. 2003/174.

(3)

Police force has the meaning given to it in sections 50 and 51(4) of the Police (Scotland) Act 1967 (c. 77), by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).

(4)

1881 c. 24 (44 & 45 Vict.).

(5)

S.I. 1989/1341 (N.I. 12).

(6)

1984 c. 60.

(7)

1911 c. 6.

(8)

S.I. 1979/1714 (N.I. 19).

(9)

1982 c. 27. Section 18 was amended by section 235 of and Schedules 8 and 10 to the Insolvency Act 1985 (c. 65), section 439 of and Schedule 14 to the Insolvency Act 1986 (c. 45), section 39(4) of the Drug Trafficking Offences Act 1986 (c. 32), section 45(3) of the Criminal Justice (Scotland) Act 1987 (c. 41), section 170 of and Schedule 15 to the Criminal Justice Act 1988 (c. 33), section 116 of and Schedule 16 to the Courts and Legal Services Act 1990 (c. 41), section 24(10) of the Criminal Justice Act 1993 (c. 36), section 65 of and Schedule 1 to the Drug Trafficking Act 1994 (c. 37), section 117 of and Schedule 6 to the Criminal Justice (Scotland) Act 1995 (c. 20), sections 4 and 5 of and Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), section 66 of and Schedule 8 to the Family Law Act 1996 (c. 27) and Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).