Proceeds of Crime Act 2002
Proceeds of Crime Act 2002 (2002 c. 29)
- Proceeds of Crime Act 2002 (2002 c. 29)
- Part 1 Introductory
- 1 The Agency and its Director
- 2 Director’s functions: general
- 2A Contribution to the reduction of crime
- 2B The National Crime Agency and its officers
- 2C Prosecuting authorities
- 3 Accreditation and training
- 4 Co-operation
- 5 Advice and assistance
- Part 2 Confiscation: England and Wales
- Exercise of powers: general
- 5A The principal objective
- Confiscation orders
- 6 Making of order
- 7 Recoverable amount
- 8 Defendant’s benefit
- 9 Available amount
- 9A Hidden property
- 10 Assumptions to be made in case of criminal lifestyle
- 10A Determination of extent of defendant's interest in property
- 11 Time for payment
- 12 Interest on unpaid sums
- 13 Effect of order on court’s other powers
- 13A Orders for securing compliance with confiscation order
- 13B Appeals against orders under section 13A
- Procedural matters
- 14 Postponement
- 15 Effect of postponement
- 15A Timing of confiscation proceedings and effect on sentencing
- 15B Early resolution meeting
- 15C Early resolution hearing
- 16 Statement of information
- 17 Defendant’s response to statement of information
- 18 Provision of information by defendant
- 18A Provision of information as to defendant's interest in property
- Reconsideration
- 19 No order made: reconsideration of case
- 20 No order made: reconsideration of benefit
- 21 Order made: reconsideration of benefit
- 21A Order made: reconsideration of benefit on decrease in value and sale etc
- 22 Order made: reconsideration of available amount
- 22A Increased available amount: compensation directions
- 23 Inadequacy of available amount: variation of order
- 24 Inadequacy of available amount: discharge of order
- 25 Small amount outstanding: discharge of order
- 25A Recovery from estate of deceased defendant impractical: discharge of order
- 26 Information
- Defendant absconds
- 27 Defendant convicted or committed
- 28 Defendant neither convicted nor acquitted
- 29 Variation of order
- 30 Discharge of order
- Appeals
- 31 Appeal by prosecutor etc...
- 32 Court’s powers on appeal
- 33 Appeal to Supreme Court
- Enforcement authority
- 34 Enforcement authority
- Enforcement as fines etc
- 35 Enforcement as fines
- 36 Director appointed as enforcement authority
- 37 Director’s application for enforcement
- 38 Provisions about imprisonment or detention
- 39 Reconsideration etc: variation of prison term
- Restraint orders
- 40 Conditions for exercise of powers
- 41 Restraint orders
- 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
- 41A Restraint orders: power to retain seized property etc.
- 42 Application, discharge and variation
- 42A Restraint orders: effect of conviction
- 43 Appeal to Court of Appeal
- 44 Appeal to Supreme Court
- 44A Detention of property pending appeal
- 45 Seizure
- 46 Hearsay evidence
- 47 Supplementary
- Search and seizure powers
- 47A Sections 47B to 47S: meaning of “appropriate officer”
- 47B Conditions for exercise of powers
- 47C Power to seize property
- 47D Search power: premises
- 47E Search power: people
- 47F Search power: vehicles
- 47G “Appropriate approval”
- 47H Exercise of powers without judicial approval
- 47I Report by appointed person on exercise of powers
- 47J Initial detention of seized property
- 47K Further detention pending making of restraint order
- 47L Further detention pending variation of restraint order
- 47M Further detention in other cases
- 47N Discharge, variation and lapse of detention order
- 47O Appeals
- 47P Detention of property pending section 47O appeal
- 47Q Hearsay evidence in detention order proceedings
- 47R Release of property
- Code of practice about search and seizure and detention of property
- 47S Codes of practice
- Management receivers
- 48 Appointment
- 49 Powers
- Enforcement receivers
- 50 Appointment
- 51 Powers
- Director’s receivers
- 52 Appointment
- 53 Powers
- Application of sums
- 54 Enforcement receivers
- 55 Sums received by designated officer
- 56 Director’s receivers
- 57 Sums received by Director
- Restrictions
- 58 Restraint orders
- 59 Enforcement receivers
- 60 Director’s receivers
- Receivers: further provisions
- 61 Protection
- 62 Further applications
- 63 Discharge and variation
- 64 Management receivers: discharge
- 65 Appeal to Court of Appeal
- 66 Appeal to Supreme Court
- Enforcement: money, cryptoassets and personal property
- 67 Money
- 67ZA Cryptoassets
- 67ZB Meaning of “UK-connected cryptoasset service provider”
- 67A Seized personal property
- 67AA Destruction of seized cryptoassets
- 67B Costs of storage and realisation
- 67C Sections 67ZA to 67B: appeals
- 67D Proceeds of realisation
- Appeals
- 67E Appeals in relation to confiscation orders
- 67F Appeals under section 67E: supplementary
- 67G Appeals in relation to section 10A determinations
- 67H Appeals in relation to compliance orders
- 67I Appeals in relation to variations of confiscation order
- 67J Appeals in relation to restraint orders
- 67K Appeals in relation to management and enforcement receivers
- 67L Appeals in relation to realisation etc of seized property
- Financial investigators
- 68 Applications and appeals
- Exercise of specific powers
- 69 Specific powers of court and receiver etc.
- Committal
- 70 Committal by magistrates’ court
- 71 Sentencing by Crown Court
- Compensation
- 72 Serious default
- 73 Order varied or discharged
- Enforcement abroad
- 74 Enforcement abroad
- Interpretation
- 75 Criminal lifestyle
- 76 Conduct and benefit
- 77 Tainted gifts
- 78 Gifts and their recipients
- 79 Value: the basic rule
- 80 Value of property obtained from conduct
- 80A Mortgages
- 81 Value of tainted gifts
- 82 Free property
- 83 Realisable property
- 84 Property: general provisions
- 84A Cryptoassets etc
- 85 Proceedings
- 86 Applications
- 87 Confiscation orders
- 87A No further possibility of appeal
- 88 Other interpretative provisions
- General
- 89 Procedure on appeal to the Court of Appeal
- 90 Procedure on appeal to the Supreme Court
- 91 Crown Court Rules
- Part 3 Confiscation: Scotland
- Confiscation orders
- 92 Making of order
- 93 Recoverable amount
- 94 Accused’s benefit
- 95 Available amount
- 96 Assumptions to be made in case of criminal lifestyle
- 97 Effect of order on court’s other powers
- 97A Application of receipts: restitution order and victim surcharge
- 97B Orders for securing compliance with confiscation order
- 97C Breach of compliance order
- 97D Appeals against variation or discharge of compliance orders
- 98 Disposal of family home
- Procedural matters
- 99 Postponement
- 100 Effect of postponement
- 101 Statement of information
- 102 Accused’s response to statement of information
- 103 Provision of information by accused
- Reconsideration
- 104 No order made: reconsideration of case
- 105 No order made: reconsideration of benefit
- 106 Order made: reconsideration of benefit
- 107 Order made: reconsideration of available amount
- 108 Inadequacy of available amount: variation of order
- 109 Inadequacy of available amount: discharge of order
- 110 Information
- Accused unlawfully at large
- 111 Conviction or other disposal of accused
- 112 Accused neither convicted nor acquitted
- 113 Variation of order
- 114 Discharge of order
- Appeals
- 115 Appeal by prosecutor
- Payment and enforcement
- 116 Time for payment
- 116A Further time for payment due to coronavirus
- 117 Interest on unpaid sums
- 118 Application of provisions about fine enforcement
- Restraint orders etc
- 119 Conditions for exercise of powers
- 120 Restraint orders etc
- 120A Restraint orders: power to retain seized property etc.
- 121 Application, recall and variation
- 122 Appeals
- 122A Detention of property pending appeal
- 123 Inhibition of property affected by order
- 124 Arrestment of property affected by order
- 125 Management administrators
- 126 Seizure
- 127 Restraint orders: restriction on proceedings and remedies
- Search and seizure powers
- 127A Sections 127B to 127R: meaning of “appropriate officer”
- 127B Conditions for exercise of powers
- 127C Power to seize property
- 127D Search power: premises
- 127E Search power: people
- 127F Search power: vehicles
- 127G “Appropriate approval”
- 127H Exercise of powers without judicial approval
- 127I Report by appointed person on exercise of powers
- 127J Initial detention of seized property
- 127K Further detention pending making of restraint order
- 127L Further detention pending variation of restraint order
- 127M Further detention in other cases
- 127N Discharge, variation and lapse of detention order
- 127O Appeals
- 127P Detention of property pending section 127O appeal
- 127Q Release of property
- Guidance about search and seizure and detention of property
- 127R Guidance by Lord Advocate
- Realisation of property: general
- 128 Enforcement administrators
- 129 Management administrators: discharge
- 130 Application of sums by enforcement administrator
- 131 Sums received by clerk of court
- Enforcement: money, cryptoassets and personal property
- 131ZA Money
- 131ZB Cryptoassets
- 131ZC Meaning of “UK-connected cryptoasset service provider”
- ...
- 131A Seized personal property
- 131AA Destruction of seized cryptoassets
- 131B Costs of storage and realisation
- 131C Sections 131ZB to 131B: appeals
- 131D Proceeds of realisation
- Exercise of powers
- 132 Powers of court and administrator etc
- Administrators: general
- 133 Protection of administrators
- 134 Protection of persons affected
- 135 Recall and variation of order
- 136 Appeals
- 137 Administrators: further provision
- 138 Administrators: restriction on proceedings and remedies
- Compensation
- 139 Serious default
- 140 Confiscation order varied or discharged
- Enforcement abroad
- 141 Enforcement abroad
- Interpretation
- 142 Criminal lifestyle
- 143 Conduct and benefit
- 144 Tainted gifts and their recipients
- 145 Value: the basic rule
- 146 Value of property obtained from conduct
- 147 Value of tainted gifts
- 148 Free property
- 149 Realisable property
- 150 Property: general provisions
- 150A Cryptoassets etc
- 151 Proceedings
- 152 Applications
- 153 Satisfaction of confiscation orders
- 153A No further possibility of appeal
- 154 Other interpretative provisions
- General
- 155 Rules of court
- Part 4 Confiscation: Northern Ireland
- Confiscation orders
- 156 Making of order
- 157 Recoverable amount
- 158 Defendant’s benefit
- 159 Available amount
- 160 Assumptions to be made in case of criminal lifestyle
- 160A Determination of extent of defendant's interest in property
- 161 Time for payment
- 162 Interest on unpaid sums
- 163 Effect of order on court’s other powers
- 163A Orders for securing compliance with confiscation order
- 163B Appeals against orders under section 163A
- Procedural matters
- 164 Postponement
- 165 Effect of postponement
- 166 Statement of information
- 167 Defendant’s response to statement of information
- 168 Provision of information by defendant
- 168A Provision of information as to defendant's interest in property
- Reconsideration
- 169 No order made: reconsideration of case
- 170 No order made: reconsideration of benefit
- 171 Order made: reconsideration of benefit
- 172 Order made: reconsideration of available amount
- 173 Inadequacy of available amount: variation of order
- 174 Inadequacy of available amount: discharge of order
- 175 Small amount outstanding: discharge of order
- 175A Recovery from estate of deceased defendant impractical: discharge of order
- 176 Information
- Defendant absconds
- 177 Defendant convicted or committed
- 178 Defendant neither convicted nor acquitted
- 179 Variation of order
- 180 Discharge of order
- Appeals
- 181 Appeal by prosecutor etc...
- 182 Court’s powers on appeal
- 183 Appeal to Supreme Court
- Enforcement authority
- 184 Enforcement authority
- Enforcement as fines etc
- 185 Enforcement as fines etc
- 186 Director’s application for enforcement
- 187 Provisions about imprisonment or detention
- 188 Reconsideration etc: variation of prison term
- Restraint orders
- 189 Conditions for exercise of powers
- 190 Restraint orders
- 190A Restraint orders: power to retain seized property
- 191 Application, discharge and variation
- 192 Appeal to Court of Appeal
- 193 Appeal to Supreme Court
- 193A Detention of property pending appeal
- 194 Seizure
- 195 Supplementary
- Search and seizure powers
- 195A Sections 195B to 195S: meaning of “appropriate officer”
- 195B Conditions for exercise of powers
- 195C Power to seize property
- 195D Search power: premises
- 195E Search power: people
- 195F Search power: vehicles
- 195G “Appropriate approval”
- 195H Exercise of powers without judicial approval
- 195I Report by appointed person on exercise of powers
- 195J Initial detention of seized property
- 195K Further detention pending making of restraint order
- 195L Further detention pending variation of restraint order
- 195M Further detention in other cases
- 195N Discharge, variation and lapse of detention order
- 195O Appeals
- 195P Detention of property pending section 195O appeal
- 195Q Hearsay evidence in detention order proceedings
- 195R Release of property
- Code of practice about search and seizure and detention of property: Secretary of State
- 195S Codes of practice : Secretary of State
- 195T Codes of practice: Department of Justice
- Management receivers
- 196 Appointment
- 197 Powers
- Enforcement receivers
- 198 Appointment
- 199 Powers
- Director’s receivers
- 200 Appointment
- 201 Powers
- Application of sums
- 202 Enforcement receivers
- 203 Sums received by chief clerk
- 204 Director’s receivers
- 205 Sums received by Director
- Restrictions
- 206 Restraint orders
- 207 Enforcement receivers
- 208 Director’s receivers
- Receivers: further provisions
- 209 Protection
- 210 Further applications
- 211 Discharge and variation
- 212 Management receivers: discharge
- 213 Appeal to Court of Appeal
- 214 Appeal to Supreme Court
- Enforcement: money, cryptoassets and personal property
- 215 Money
- 215ZA Cryptoassets
- 215ZB Meaning of “UK-connected cryptoasset service provider”
- 215A Seized personal property
- 215AA Destruction of seized cryptoassets
- 215B Costs of storage and realisation
- 215C Sections 215ZA to 215B: appeals
- 215D Proceeds of realisation
- Financial investigators
- 216 Applications and appeals
- Exercise of powers
- 217 Powers of court and receiver etc
- Committal
- 218 Committal by magistrates’ court
- 219 Sentencing by Crown Court
- Compensation
- 220 Serious default
- 221 Order varied or discharged
- Enforcement abroad
- 222 Enforcement abroad
- Interpretation
- 223 Criminal lifestyle
- 224 Conduct and benefit
- 225 Tainted gifts
- 226 Gifts and their recipients
- 227 Value: the basic rule
- 228 Value of property obtained from conduct
- 229 Value of tainted gifts
- 230 Free property
- 231 Realisable property
- 232 Property: general provisions
- 232A Cryptoassets etc
- 233 Proceedings
- 234 Applications
- 235 Confiscation orders
- 235A No further possibility of appeal
- 236 Other interpretative provisions
- General
- 237 Procedure on appeal to the Court of Appeal
- 238 Procedure on appeal to the
- 239 Crown Court Rules
- Part 5 Civil recovery of the proceeds etc. of unlawful conduct
- Chapter 1 Introductory
- 240 General purpose of this Part
- 241 “Unlawful conduct”
- 241A “Gross human rights abuse or violation”
- 242 “Property obtained through unlawful conduct”
- Chapter 2 Civil recovery in the High Court or Court of Session
- Proceedings for recovery orders
- 243 Proceedings for recovery orders in England and Wales or Northern Ireland
- 244 Proceedings for recovery orders in Scotland
- 245 “Associated property”
- 245ZA Notice to local authority: Scotland
- Property freezing orders (England and Wales and Northern Ireland)
- 245A Application for property freezing order
- 245B Variation and setting aside of order
- 245C Exclusions
- 245D Restriction on proceedings and remedies
- 245E Receivers in connection with property freezing orders
- 245F Powers of receivers appointed under section 245E
- 245G Supervision of section 245E receiver and variations
- Interim receiving orders (England and Wales and Northern Ireland)
- 246 Application for interim receiving order
- 247 Functions of interim receiver
- Property freezing orders and interim receiving orders: registration
- 248 Registration
- 249 Registration (Northern Ireland)
- Interim receiving orders: further provisions
- 250 Duties of respondent etc.
- 251 Supervision of interim receiver and variation of order
- 252 Restrictions on dealing etc. with property
- 253 Restriction on proceedings and remedies
- 254 Exclusion of property which is not recoverable etc.
- 255 Reporting
- Prohibitory property orders (Scotland)
- 255A Application for prohibitory property order
- 255B Variation and recall of prohibitory property order
- 255C Exclusions
- 255D Restriction on proceedings and remedies
- 255E Arrestment of property affected by prohibitory property order
- 255F Inhibition of property affected by prohibitory property order
- 255G Receivers in connection with prohibitory property orders
- 255H Powers of receivers appointed under section 255G
- 255I Supervision of PPO receiver and variations
- Interim administration orders (Scotland)
- 256 Application for interim administration order
- 257 Functions of interim administrator
- 258 Inhibition of property affected by order
- 259 Duties of respondent etc.
- 260 Supervision of interim administrator and variation of order
- 261 Restrictions on dealing etc. with property
- 262 Restriction on proceedings and remedies
- 263 Exclusion of property which is not recoverable etc.
- 264 Reporting
- 265 Arrestment of property affected by interim administration order
- Vesting and realisation of recoverable property
- 266 Recovery orders
- 267 Functions of the trustee for civil recovery
- 268 Recording of recovery order (Scotland)
- 269 Rights of pre-emption, etc.
- 269A Leases and occupancy rights: Scotland
- 270 Associated and joint property
- 271 Agreements about associated and joint property
- 272 Associated and joint property: default of agreement
- 273 Payments in respect of rights under pension schemes
- 274 Consequential adjustment of liabilities under pension schemes
- 275 Pension schemes: supplementary
- 276 Consent orders
- 277 Consent orders: pensions
- 278 Limit on recovery
- 279 Section 278: supplementary
- 280 Applying realised proceeds
- Exemptions etc.
- 281 Victims of theft, etc.
- 282 Other exemptions
- Scope of powers
- 282A Scope of powers
- Enforcement outside the United Kingdom
- 282B Enforcement abroad before recovery order: enforcement authority
- 282C Enforcement abroad before recovery order: receiver or administrator
- 282CA Enforcement abroad before recovery order: PPO receiver
- 282D Evidence overseas: interim receiver or interim administrator
- 282E Evidence overseas: restrictions on use
- 282F Enforcement abroad: after recovery order
- Miscellaneous
- 283 Compensation
- 284 Payment of interim administrator or trustee (Scotland)
- 285 Effect on diligence of recovery order (Scotland)
- 286 Scope of powers (Scotland)
- 286A Legal expenses excluded from freezing: required conditions
- 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
- 287 Financial threshold
- 288 Limitation
- Proceedings for civil recovery: costs and expenses
- 288A Costs orders and expenses orders
- Chapter 3 Recovery of cash in summary proceedings
- Searches
- 289 Searches
- 290 Prior approval
- 291 Report on exercise of powers
- 292 Code of practice
- 293 Code of practice (Scotland)
- 293A Code of practice (Northern Ireland)
- Seizure and detention
- 294 Seizure of cash
- 295 Detention of seized cash
- 296 Interest
- 297 Release of detained cash
- Forfeiture without court order
- 297A Forfeiture notice
- 297B Content
- 297C Effect
- 297D Detention following lapse of notice
- 297E Application to set aside forfeiture
- 297F Release of cash subject to forfeiture notice
- 297G Application of forfeited cash
- Forfeiture
- 298 Forfeiture
- 299 Appeal against decision under section 298
- 300 Application of forfeited cash
- Supplementary
- 301 Victims and other owners
- 302 Compensation
- 302A Powers for prosecutors to appear in proceedings
- 303 “The minimum amount”
- 303A Financial investigators
- CHAPTER 3A Recovery of listed assets in summary proceedings
- Definition of listed asset
- 303B “Listed asset”
- Searches
- 303C Searches
- 303D Searches: supplemental provision
- 303E Prior approval
- 303F Report on exercise of powers
- 303G Code of practice: Secretary of State
- 303H Code of practice: Scotland
- 303I Code of practice: Northern Ireland
- Seizure and detention
- 303J Seizure of listed assets
- 303K Initial detention of seized property
- 303L Further detention of seized property
- 303M Testing and safekeeping of property seized under section 303J
- 303N Release of detained property
- Forfeiture
- 303O Forfeiture
- 303P Associated and joint property
- 303Q Agreements about associated and joint property
- 303R Associated and joint property: default of agreement
- 303S Sections 303O to 303R: appeals
- 303T Realisation of forfeited property
- 303U Proceeds of realisation
- Supplementary
- 303V Victims and other owners
- 303W Compensation
- 303X Powers for prosecutors to appear in proceedings
- 303Y “The minimum value”
- 303Z Financial investigators
- CHAPTER 3B Forfeiture of money held in certain accounts
- Freezing of certain accounts
- 303Z1 Application for account freezing order
- 303Z2 Restrictions on making of application under section 303Z1
- 303Z3 Making of account freezing order
- 303Z4 Variation and setting aside of account freezing order
- 303Z5 Exclusions
- 303Z6 Restriction on proceedings and remedies
- 303Z7 “Bank”
- 303Z8 “The minimum amount”
- Account forfeiture notices (England and Wales and Northern Ireland)
- 303Z9 Account forfeiture notice
- 303Z10 Giving of account forfeiture notice
- 303Z11 Lapse of account forfeiture notice
- 303Z12 Application to set aside forfeiture
- 303Z13 Application of money forfeited under account forfeiture notice
- Forfeiture orders
- 303Z14 Forfeiture order
- 303Z15 Continuation of account freezing order pending appeal
- 303Z16 Appeal against decision under section 303Z14
- 303Z17 Application of money forfeited under account forfeiture order
- Supplementary
- 303Z17A Victims and other owners
- 303Z18 Compensation
- 303Z19 Powers for prosecutors to appear in proceedings
- CHAPTER 3C Recovery of cryptoassets: searches, seizure and detention
- Definitions
- 303Z20 Definitions
- Searches
- 303Z21 Searches
- 303Z22 Searches: supplemental provision
- 303Z23 Prior approval
- 303Z24 Report on exercise of powers
- 303Z25 Codes of practice
- Seizure and detention of cryptoasset-related items
- 303Z26 Seizure of cryptoasset-related items
- 303Z27 Initial detention of seized cryptoasset-related items
- 303Z28 Further detention of seized cryptoasset-related items
- 303Z29 Seizure of cryptoassets
- 303Z30 Prior authorisation for detention of cryptoassets
- 303Z31 Initial detention of seized cryptoassets
- 303Z32 Further detention of seized cryptoassets
- 303Z33 Safekeeping of cryptoassets and cryptoasset-related items
- 303Z34 Release of cryptoassets and cryptoasset-related items
- CHAPTER 3D Recovery of cryptoassets: freezing orders
- Definitions
- 303Z35 Definitions
- Freezing of crypto wallets
- 303Z36 Application for crypto wallet freezing order
- 303Z37 Making of a crypto wallet freezing order
- 303Z38 Variation and setting aside of crypto wallet freezing order
- 303Z39 Exclusions
- 303Z40 Restrictions on proceedings and remedies
- CHAPTER 3E Forfeiture of cryptoassets following detention or freezing order
- Forfeiture orders
- 303Z41 Forfeiture order
- 303Z42 Forfeiture order: supplementary
- 303Z43 Associated and joint property
- 303Z44 Agreements about associated and joint property
- 303Z45 Associated and joint property: default of agreement
- 303Z46 Continuation of crypto wallet freezing order pending appeal
- 303Z47 Sections 303Z41 to 303Z45: appeals
- 303Z48 Realisation or destruction of forfeited cryptoassets etc
- 303Z49 Proceeds of realisation
- Supplementary
- 303Z50 Victims and other owners: detained cryptoassets
- 303Z51 Victims and other owners: crypto wallet freezing orders
- 303Z52 Compensation
- 303Z53 Powers for prosecutors to appear in proceedings
- CHAPTER 3F Conversion of cryptoassets
- Conversion
- 303Z54 Detained cryptoassets: conversion
- 303Z55 Frozen crypto wallet: conversion
- 303Z56 Conversion: existing forfeiture proceedings
- Detention
- 303Z57 Detained cryptoassets: detention of proceeds of conversion
- 303Z58 Frozen crypto wallets: detention of proceeds of conversion
- Release
- 303Z59 Release of detained converted cryptoassets
- Forfeiture
- 303Z60 Forfeiture order
- 303Z61 Appeal against decision under section 303Z60
- 303Z62 Application of forfeited converted cryptoassets
- Supplementary
- 303Z63 Victims and other owners
- 303Z64 Compensation
- 303Z65 Powers for prosecutors to appear in proceedings
- Interpretation
- 303Z66 Interpretation
- Chapter 4 General
- Recoverable property
- 304 Property obtained through unlawful conduct
- 305 Tracing property, etc.
- 306 Mixing property
- 307 Recoverable property: accruing profits
- 308 General exceptions
- 309 Other exemptions
- 310 Granting interests
- Insolvency
- 311 Insolvency
- Chapters 3C to 3F: supplementary
- 311A Financial investigators
- Delegation of enforcement functions
- 312 Performance of functions of Scottish Ministers by constables in Scotland
- 313 Restriction on performance of Director’s functions by police
- Interpretation
- 314 Obtaining and disposing of property
- 315 Northern Ireland courts
- 316 General interpretation
- Part 6 Revenue Functions
- General functions
- 317 The National Crime Agency's general Revenue functions
- 318 Revenue functions regarding employment
- 319 Source of income
- 320 Appeals
- Inheritance tax functions
- 321 The National Crime Agency's functions: transfers of value
- 322 The National Crime Agency's functions: certain settlements
- General
- 323 Functions
- 324 Exercise of Revenue functions
- 325 Declarations
- 326 Interpretation
- Part 7 Money Laundering
- Offences
- 327 Concealing etc
- 328 Arrangements
- 329 Acquisition, use and possession
- 330 Failure to disclose: regulated sector
- 331 Failure to disclose: nominated officers in the regulated sector
- 332 Failure to disclose: other nominated officers
- 333 Tipping off
- 333A Tipping off: regulated sector
- 333B Disclosures within an undertaking or group etc
- 333C Other permitted disclosures between institutions etc
- 333D Other permitted disclosures etc
- 333E Interpretation of sections 333A to 333D
- 334 Penalties
- Consent
- 335 Appropriate consent
- 336 Nominated officer: consent
- 336A Power of court to extend the moratorium period
- 336B Proceedings under section 336A: supplementary
- 336C Extension of moratorium period pending determination of proceedings etc
- 336D Sections 336A to 336C: interpretation
- Disclosures
- 337 Protected disclosures
- 338 Authorised disclosures
- 339 Form and manner of disclosures
- 339ZA Disclosures to the NCA
- 339ZB Voluntary disclosures within the regulated sector
- 339ZC Section 339ZB: disclosure requests and required notifications
- 339ZD Section 339ZB: effect on required disclosures under section 330 or 331
- 339ZE Limitations on application of section 339ZD(2) and (3)
- 339ZF Section 339ZB: supplementary
- 339ZG Sections 339ZB to 339ZF: interpretation
- Information orders
- 339ZH Information orders
- 339ZL Code of practice about certain information orders
- 339ZI Statements
- 339ZJ Appeals
- 339ZK Supplementary
- Threshold amounts
- 339A Threshold amounts
- Interpretation
- 340 Interpretation
- Part 8 Investigations
- Chapter 1 Introduction
- 341 Investigations
- 341A Orders and warrants sought for civil recovery investigations
- 342 Offences of prejudicing investigation
- Chapter 2 England and Wales and Northern Ireland
- Judges and courts
- 343 Judges
- 344 Courts
- Production orders
- 345 Production orders
- 346 Requirements for making of production order
- 347 Order to grant entry
- 348 Further provisions
- 349 Computer information
- 350 Government departments
- 351 Supplementary
- Search and seizure warrants
- 352 Search and seizure warrants
- 353 Requirements where production order not available
- 354 Further provisions: general
- 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations
- 356 Further provisions: civil recovery ... and exploitation proceeds investigations
- 356A Certain offences in relation to execution of search and seizure warrants
- Disclosure orders
- 357 Disclosure orders
- 358 Requirements for making of disclosure order
- 359 Offences
- 360 Statements
- 361 Further provisions
- 362 Supplementary
- Unexplained wealth orders
- 362A Unexplained wealth orders
- 362B Requirements for making of unexplained wealth order
- 362C Effect of order: cases of non-compliance
- 362D Effect of order: cases of compliance or purported compliance
- 362DA Extension of period for making determination where interim freezing order has been made
- 362DB Extension of period pending determination of proceedings etc
- 362E Offence
- 362F Statements
- 362G Disclosure of information, copying of documents, etc
- 362H Holding of property: trusts and company arrangements etc
- 362I Supplementary
- 362IA Annual reports
- Unexplained wealth orders: interim freezing of property
- 362J Application for interim freezing order
- 362K Variation and discharge of interim freezing order
- 362L Exclusions
- 362M Restrictions on proceedings and remedies
- 362N Receivers in connection with interim freezing orders
- 362O Powers of receivers appointed under section 362N
- 362P Supervision of section 362N receiver and variations
- 362Q Registration
- 362R Compensation
- Unexplained wealth orders: enforcement abroad
- 362S Enforcement abroad: enforcement authority
- 362T Enforcement abroad: receiver
- Unexplained wealth orders: costs of proceedings
- 362U Costs orders
- Customer information orders
- 363 Customer information orders
- 364 Meaning of customer information
- 365 Requirements for making of customer information order
- 366 Offences
- 367 Statements
- 368 Disclosure of information
- 369 Supplementary
- Account monitoring orders
- 370 Account monitoring orders
- 371 Requirements for making of account monitoring order
- 372 Statements
- 373 Applications
- 374 Disclosure of information
- 375 Supplementary
- 375A Evidence overseas
- 375B Evidence overseas: restrictions on use
- Officers of Revenue and Customs
- 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
- Evidence overseas
- 376 Evidence overseas
- Code of practice
- 377 Code of practice of Secretary of State etc.
- 377ZA Code of practice (Northern Ireland)
- 377ZB Disapplication of PACE codes
- 377A Code of practice of Attorney General or Advocate General for Northern Ireland
- Interpretation
- 378 Officers
- 379 Miscellaneous
- Chapter 3 Scotland
- Production orders
- 380 Production orders
- 381 Requirements for making of production order
- 382 Order to grant entry
- 383 Further provisions
- 384 Computer information
- 385 Government departments
- 386 Supplementary
- Search warrants
- 387 Search warrants
- 388 Requirements where production order not available
- 389 Further provisions: general
- 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds, money laundering and cryptoasset
- Disclosure orders
- 391 Disclosure orders
- 392 Requirements for making of disclosure order
- 393 Offences
- 394 Statements
- 395 Further provisions
- 396 Supplementary
- Unexplained wealth orders
- 396A Unexplained wealth orders
- 396B Requirements for making of unexplained wealth order
- 396C Effect of order: cases of non-compliance
- 396D Effect of order: cases of compliance or purported compliance
- 396DA Extension of period for making determination where interim freezing order has been made
- 396DB Extension of period pending determination of proceedings etc
- 396E Offence
- 396F Statements
- 396G Disclosure of information, copying of documents, etc
- 396H Holding of property: trusts and company arrangements etc
- 396I Supplementary
- Unexplained wealth orders: interim freezing of property
- 396J Application for interim freezing order
- 396K Variation and recall of interim freezing order
- 396L Exclusions
- 396M Restrictions on proceedings and remedies
- 396N Arrestment of property affected by interim freezing order
- 396O Inhibition of property affected by interim freezing order
- 396P Receivers in connection with interim freezing orders
- 396Q Powers of receivers appointed under section 396P
- 396R Supervision of section 396P receiver and variations
- 396S Compensation
- Unexplained wealth orders: enforcement abroad
- 396T Enforcement abroad: Scottish Ministers
- 396U Enforcement abroad: receiver
- Unexplained wealth orders: expenses of proceedings
- 396V Expenses orders
- Customer information orders
- 397 Customer information orders
- 398 Meaning of customer information
- 399 Requirements for making of customer information order
- 400 Offences
- 401 Statements
- 402 Further provisions
- 403 Supplementary
- Account monitoring orders
- 404 Account monitoring orders
- 405 Requirements for making of account monitoring order
- 406 Statements
- 407 Further provisions
- 408 Supplementary
- Evidence overseas
- 408A Evidence overseas
- 408B Evidence overseas: restrictions on use
- Officers of Revenue and Customs
- 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
- General
- 409 Jurisdiction of sheriff
- 410 Code of practice
- 411 Performance of functions of Scottish Ministers by constables in Scotland
- 412 Interpretation
- Chapter 4 Supplementary and Interpretation
- 412A Power to vary monetary amounts
- 413 Criminal conduct
- 414 Property
- 415 Money laundering offences
- 416 Other interpretative provisions
- Part 9 Insolvency etc.
- Bankruptcy in England and Wales
- 417 Modifications of the 1986 Act
- 418 Restriction of powers
- 419 Tainted gifts
- Sequestration in Scotland
- 420 Modifications of the 2016 Act
- 421 Restriction of powers
- 422 Tainted gifts
- Bankruptcy in Northern Ireland
- 423 Modifications of the 1989 Order
- 424 Restriction of powers
- 425 Tainted gifts
- Winding up in England and Wales and Scotland
- 426 Winding up under the 1986 Act
- 427 Tainted gifts
- Winding up in Northern Ireland
- 428 Winding up under the 1989 Order
- 429 Tainted gifts
- Floating charges
- 430 Floating charges
- Limited liability partnerships
- 431 Limited liability partnerships
- Insolvency practitioners
- 432 Insolvency practitioners
- 433 Meaning of insolvency practitioner
- Interpretation
- 434 Interpretation
- Part 10 Information
- England and Wales and Northern Ireland
- 435 Use of information by certain authorities
- 436 Disclosure of information to certain authorities
- 437 Further disclosure
- 438 Disclosure of information by certain authorities
- Scotland
- 439 Disclosure of information to Lord Advocate and to Scottish Ministers
- 440 Further disclosure
- 441 Disclosure of information by Lord Advocate and by Scottish Ministers
- Overseas purposes
- 442 Restriction on disclosure for overseas purposes
- 442A Data protection legislation
- Part 11 Co-operation
- 443 Enforcement in different parts of the United Kingdom
- 444 External requests and orders
- 445 External investigations
- 445A Sharing of beneficial ownership information
- 446 Rules of court
- 447 Interpretation
- Part 12 Miscellaneous and general
- Miscellaneous
- 448 Tax
- 449 NCA officers: pseudonyms
- 449A Staff of relevant Directors: pseudonyms
- 450 Pseudonyms: Scotland
- 451 Revenue and Customs prosecutions
- 452 Crown servants
- 453 References to financial investigators
- 453A Certain offences in relation to financial investigators
- 453B Certain offences in relation to SFO officers
- 453C Obstruction offence in relation to immigration officers
- 454 Customs officers
- 454A Serious Fraud Office
- 455 Enactment
- General
- 456 Amendments
- 457 Repeals and revocations
- 458 Commencement
- 459 Orders and regulations
- 460 Finance
- 461 Extent
- 462 Short title
- SCHEDULES
- SCHEDULE 1 Assets Recovery Agency
- ...
- SCHEDULE 2 Lifestyle offences: England and Wales
- Drug trafficking
- Money laundering
- Directing terrorism
- Slavery etc
- People trafficking
- Arms trafficking
- Counterfeiting
- Intellectual property
- Prostitution and child sex
- Blackmail
- Environmental offences
- Inchoate offences
- SCHEDULE 3 Administrators: further provision
- General
- Appointment etc
- Functions
- Consent of accountant of court
- Dealings in good faith with administrator
- Money received by administrator
- Effect of appointment of administrator on diligence
- Supervision
- Accounts and remuneration
- Discharge of administrator
- SCHEDULE 4 Lifestyle offences: Scotland
- Money laundering
- Drug trafficking
- Directing terrorism
- People trafficking
- Slavery, servitude and forced or compulsory labour
- Arms trafficking
- Counterfeiting
- Intellectual property
- Pimps and brothels
- Traffic in prostitution etc.
- Blackmail
- Gangmasters
- Consumer credit
- ...
- Distribution of obscene material
- Unclassified video recordings
- Private security industry
- Serious organised crime
- Inchoate offences
- SCHEDULE 5 Lifestyle offences: Northern Ireland
- Drug trafficking
- Money laundering
- Directing terrorism
- Slavery, etc.
- People trafficking
- Arms trafficking
- Counterfeiting
- Intellectual property
- Pimps and brothels
- Blackmail
- Inchoate offences
- SCHEDULE 6 Powers of interim receiver or administrator
- Seizure
- Information
- Entry, search, etc.
- Supplementary
- Management
- SCHEDULE 7 Powers of trustee for civil recovery
- Sale
- Expenditure
- Management
- Legal proceedings
- Compromise
- Supplementary
- SCHEDULE 7A Connection with relevant part of United Kingdom
- Unlawful conduct
- Property
- Person
- Property held on trust
- Interpretation
- SCHEDULE 8 Forms of declarations
- SCHEDULE 9 Regulated sector and supervisory authorities
- PART 1 REGULATED SECTOR
- Business in the regulated sector
- Excluded activities
- PART 2 SUPERVISORY AUTHORITIES
- Part 3 Power to amend
- SCHEDULE 10 Tax
- Part 1 General
- Part 2 Provisions relating to Part 5
- Introductory
- Capital Gains Tax
- Income Tax and Corporation Tax
- Accrued income scheme
- Discounted securities
- Rights to receive amounts stated in certificates of deposit etc.
- Non-qualifying offshore funds
- Futures and options
- Loan relationships
- Exception from paragraphs 4 to 9
- Trading stock
- Capital Allowances
- Plant and machinery
- Industrial buildings
- Flat conversion
- Research and development
- Employee etc. Share Schemes
- Share options
- Conditional acquisition of shares
- Shares acquired at an undervalue
- Shares in dependent subsidiaries
- SCHEDULE 11 Amendments
- Introduction
- Parliamentary Commissioner Act 1967 (c. 13)
- Police (Scotland) Act 1967 (c. 77)
- Criminal Appeal Act 1968 (c. 19)
- Misuse of Drugs Act 1971 (c. 38)
- Immigration Act 1971 (c. 77)
- Rehabilitation of Offenders Act 1974 (c. 53)
- Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
- Civil Jurisdiction and Judgments Act 1982 (c. 27)
- Civic Government (Scotland) Act 1982 (c. 45)
- Criminal Justice Act 1982 (c. 48)
- Police and Criminal Evidence Act 1984 (c. 60)
- Bankruptcy (Scotland) Act 1985 (c. 66)
- Insolvency Act 1986 (c. 45)
- Criminal Justice Act 1988 (c. 33)
- Extradition Act 1989 (c. 33)
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
- Criminal Justice (International Co-operation) Act 1990 (c. 5)
- Pension Schemes Act 1993 (c. 48)
- Pension Schemes (Northern Ireland) Act 1993 (c. 49)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Drug Trafficking Act 1994 (c. 37)
- Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))
- Proceeds of Crime Act 1995 (c. 11)
- Proceeds of Crime (Scotland) Act 1995 (c. 43)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Police Act 1996 (c. 16)
- Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)
- Crime (Sentences) Act 1997 (c. 43)
- Crime and Punishment (Scotland) Act 1997 (c. 48)
- Police (Northern Ireland) Act 1998 (c. 32)
- Crime and Disorder Act 1998 (c. 37)
- Access to Justice Act 1999 (c. 22)
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- ...
- Terrorism Act 2000 (c. 11)
- Criminal Justice and Police Act 2001 (c. 16)
- SCHEDULE 12 Repeals and revocations
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