§ 4 — Issue of restriction orders

4.—(1) A specified officer may, on receipt of any information, issue a restriction order to one or more banks if —(a)

the specified officer has reason to believe that a scam victim will —(i)

instruct the bank or any of the banks to transfer any money from a bank account to a scammer (whether directly or indirectly through any intermediary);

(ii)

withdraw any money from a bank account with the intention of giving the money (or any part of the money) to a scammer (whether directly or indirectly through any intermediary); or

(iii)

apply for any credit facility from the bank or any of the banks, or draw down on any credit facility granted by the bank or any of the banks, with the intention of benefitting a scammer by a drawdown on the credit facility; and

(b)

the restriction order is necessary for the protection of the scam victim, having regard to —(i)

the time required by any specified officer, relative of the scam victim or other persons (including, but not limited to, non‑profit organisations and non‑governmental organisations) to implement any measures to reduce the risk of the scam victim becoming, or continuing to be, a victim of a scam offence; and

(ii)

all other relevant circumstances.

(2) In subsection (1), “relative”, in relation to a scam victim, means the spouse, or a sibling or stepsibling, child (including an adopted child), stepchild, grandchild or step‑grandchild, nephew or step‑nephew, or niece or step‑niece, of the scam victim.

—(1) A specified officer may, on receipt of any information, issue a restriction order to one or more banks if —(a)

the specified officer has reason to believe that a scam victim will —(i)

instruct the bank or any of the banks to transfer any money from a bank account to a scammer (whether directly or indirectly through any intermediary);

(ii)

withdraw any money from a bank account with the intention of giving the money (or any part of the money) to a scammer (whether directly or indirectly through any intermediary); or

(iii)

apply for any credit facility from the bank or any of the banks, or draw down on any credit facility granted by the bank or any of the banks, with the intention of benefitting a scammer by a drawdown on the credit facility; and

(b)

the restriction order is necessary for the protection of the scam victim, having regard to —(i)

the time required by any specified officer, relative of the scam victim or other persons (including, but not limited to, non‑profit organisations and non‑governmental organisations) to implement any measures to reduce the risk of the scam victim becoming, or continuing to be, a victim of a scam offence; and

(ii)

all other relevant circumstances.

(2) In subsection (1), “relative”, in relation to a scam victim, means the spouse, or a sibling or stepsibling, child (including an adopted child), stepchild, grandchild or step‑grandchild, nephew or step‑nephew, or niece or step‑niece, of the scam victim.