The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021

• Citation: S.I. 2021/638
• Sections: 63

Section 1 Citation and commencement

(1) This Order may be cited as the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021.

(2) It comes into force on 28th June 2021.

Section 2 Interpretation

In this Order—

the “2005 Order” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 ;

the “2013 Order” means the Proceeds of Crime Act 2002 (External Investigations) Order 2013 ;

the “2014 Order” means the Proceeds of Crime Act 2002 (External Investigations) Order 2014 .

Section 3 Introduction

The 2005 Order is amended in accordance with this Chapter.

Section 4 Serious Fraud Office powers: Northern Ireland extent

The amendments made by the following articles of the Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 extend to Northern Ireland—

(a) article 23 (extension of powers to the Serious Fraud Office: appropriate approval) (which amends article 17F(3) of the 2005 Order);

(b) article 24 (extension of powers to the Serious Fraud Office: definition of “appropriate officer”) (which amends article 55 of the 2005 Order).

Section 5 Article 213 (general interpretation)

In article 213(1), in the definition of “enforcement authority”, for paragraph (c) substitute—

(c) in relation to Northern Ireland, means the Financial Conduct Authority, Her Majesty’s Revenue and Customs, the National Crime Agency, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

Section 6 Part 5A heading

In the heading of Part 5A omit “in England and Wales and Scotland”.

Section 7 Article 213A (action to give effect to an external order)

In article 213A—

(a) in paragraph (1)(a) after “Wales” insert “, the Chief Constable of the Police Service of Northern Ireland”;

(b) in paragraph (2)(a) after “Wales” insert “or Northern Ireland”.

Section 8 Article 213AA (extent)

After article 213A insert—

Extent

(213AA) This Part extends to England and Wales, Scotland and Northern Ireland.

Section 9 Article 213D (searches: supplemental provision)

In article 213D(1)(d)(i), (ii) and (iii) after “Wales” insert “or Northern Ireland”.

Section 10 Article 213E (prior approval)

In article 213E—

(a) in paragraph (3)(a) after “Wales” insert “and Northern Ireland”;

(b) after paragraph (8)(b) insert—

;

(c) in relation to Northern Ireland, a person appointed by the Department of Justice.

Section 11 Article 213I (detention of seized property)

In article 213I(4)(d) for “in England and Wales” substitute “in the part of the United Kingdom within which the property is seized”.

Section 12 Article 213L (forfeiture)

In article 213L—

(a) after paragraph (2)(a) insert—

(aa) in Northern Ireland, a magistrates’ court;

(b) in paragraph (3)(a) after “Wales” insert “or Northern Ireland”.

Section 13 Article 213M (associated and joint property)

In article 213M(2) after “Wales” insert “and Northern Ireland”.

Section 14 Article 213P (articles 213L to 213O: appeals)

After article 213P(3)(b) insert—

;

(c) in relation to Northern Ireland, to a county court.

Section 15 Article 213S (victims and other owners)

In article 213S(2)(a) after “Wales” insert “or Northern Ireland”.

Section 16 Article 213T (compensation)

In article 213T—

(a) in paragraph (2)(a) after “Wales” insert “or Northern Ireland”;

(b) after paragraph (6)(b) insert—

;

(c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000 , it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

Section 17 Article 213U (powers for prosecutors to appear in proceedings)

In article 213U(1) after “Prosecutions” insert “or the Director of Public Prosecutions for Northern Ireland”.

Section 18 Part 5B heading

In the heading of Part 5B omit “in England and Wales and Scotland”.

Section 19 Article 213X (general)

In article 213X(1)(a) after “Wales” insert “or Northern Ireland”.

Section 20 Article 213XA (extent)

After article 213X insert—

Extent

(213XA) This Part extends to England and Wales, Scotland and Northern Ireland.

Section 21 Article 213Y (action on receipt of an external request)

In article 213Y(a) after “Wales” insert “, the Chief Constable of the Police Service of Northern Ireland”.

Section 22 Article 213Z (action to give effect to an external order)

In article 213Z(a) after “Wales” insert “, the Chief Constable of the Police Service of Northern Ireland”.

Section 23 Article 213Z1 (application for account freezing order)

In article 213Z1—

(a) in paragraph (1)(a) omit “to an enforcement officer”;

(b) in paragraph (1)(b) for “the enforcement officer” substitute “an enforcement officer”;

(c) in paragraph (6), in the definition of “relevant court”, in sub-paragraph (a), after “Wales” insert “and Northern Ireland”.

Section 24 Article 213Z3 (making of account freezing order)

In article 213Z3(2) after “of the account” insert “)”.

Section 25 Article 213Z5 (exclusions)

In article 213Z5(6)(b) for “, be made available” to the end substitute—

—

(i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , or

(ii) be funded by the Legal Services Agency Northern Ireland.

Section 26 Article 213Z9 (appeals)

After article 213Z9(1)(b) insert—

;

(c) from an order or decision of a magistrates’ court in Northern Ireland, to a county court.

Section 27 Article 213Z10 (application of money forfeited under account forfeiture order)

In article 213Z10(1) after “paragraph” insert “(9)(a)”.

Section 28 Article 213Z11 (compensation)

After article 213Z11(6)(b) insert—

;

(c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

Section 29 Article 213Z12 (powers for prosecutors to appear in proceedings)

In article 213Z12(1) after “Prosecutions” insert “or the Director of Public Prosecutions for Northern Ireland”.

Section 30 Introduction

Part 5B of the 2005 Order (giving effect to external requests and orders by means of the freezing and forfeiture of money held in certain accounts) is amended in accordance with this Chapter.

Section 31 New definition of “relevant financial institution” to replace references to “banks” and “building societies”

In—

(a) article 213X(1) (general) for “money held in bank and building society accounts (within the meaning of article 213Z1(6))” substitute “money held in accounts maintained with relevant financial institutions (within the meaning of article 213Z1(6))”;

(b) article 213Z1(6) insert at the appropriate place—

“relevant financial institution” has the same meaning as in section 303Z1 of the Act;

(c) article 213Z13 (interpretation), in the definition of “account forfeiture order”, for “money in a bank or building society account” substitute “money held in an account maintained with a relevant financial institution”.

Section 32 Amendments in consequence of new definition

In the headings of Part 5B and Chapter 2 of Part 5B for “Bank and Building Society” substitute “Certain”.

Section 33 Amendments in consequence of new definition

In the following articles for “bank or building society” substitute “relevant financial institution”—

(a) article 213X (general), paragraphs (2) and (3);

(b) article 213Y (action on receipt of an external request);

(c) article 213Z (action to give effect to an external order);

(d) article 213Z2(3) (restrictions on applications: branches in Scotland);

(e) article 213Z6(1) (restriction on proceedings and remedies);

(f) article 213Z7(9)(a) (forfeiture order).

Section 34 Amendments in consequence of new definition

In article 213Z1(6) (account freezing orders: interpretation) omit the definitions of “bank” and “building society”.

Section 35 Amendments in consequence of new definition

In article 213Z13—

(a) insert at the appropriate place—

“relevant financial institution” has the meaning given in article 213Z1(6);

(b) omit the definitions of “bank” and “building society”.

Section 36 Introduction

The 2013 Order is amended in accordance with this Part.

Section 37 Words preceding article 1 and article 1 heading

(1) For the words “GENERAL” preceding article 1 substitute—

Introduction

(2) Insert as the heading of article 1 “Citation, commencement and extent”.

Section 38 Article 1(2) (extent)

For article 1(2) substitute—

(2) Part 1 extends to England and Wales and Northern Ireland only.

Section 39 Article 2 (interpretation)

In article 2—

(a) in paragraph (1)(b) and (c) omit “in England and Wales,”;

(b) in paragraph (11)(b) and (c) omit “(in England and Wales)”;

(c) in paragraph (12), in the definition of “enforcement authority”—

(i) omit “(in relation to England and Wales)”;

(ii) for paragraph (e) substitute—

(e) the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland);

Section 40 Article 3 (scope of Part 1)

In article 3(1) and (2) omit “in England and Wales”.

Section 41 Article 4 (action on receipt of request in relation to an external investigation)

In article 4(1) and (2) omit “or (in England and Wales)”.

Section 42 Article 13 (search and seizure warrants)

In article 13(5) omit in both places it occurs “(in England and Wales)”.

Section 43 Article 14 (requirements where production order not available)

In article 14(8) omit in both places it occurs “(in England and Wales)”.

Section 44 Article 21A (unexplained wealth orders)

In article 21A—

(a) in the heading omit “(England and Wales)”;

(b) in paragraph (2) omit “in England and Wales”.

Section 45 Article 21B (requirements for making of unexplained wealth order)

In article 21B—

(a) in paragraph (4)(b)(i) for “England and Wales” substitute “a part of the United Kingdom”;

(b) in paragraph (8)(a)—

(i) for “in England and Wales” substitute “in a part of the United Kingdom”;

(ii) for “section 2” substitute “sections 2, 2A and 3”;

(iii) omit the words “(involvement” to the end.

Section 46 Article 21E (statements)

In article 21E(2)—

(a) in sub-paragraphs (a) and (b)—

(i) for “Part 2” substitute “Part 2 or 4”;

(ii) after “Wales” insert “or Northern Ireland”;

(b) in sub-paragraph (c) after “1911” insert “or Article 10 of the Perjury (Northern Ireland) Order 1979 ”.

Section 47 Article 21GA (supplementary: Northern Ireland)

After article 21G insert—

Supplementary: Northern Ireland

(21GA)

(1) An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—

(a) the enforcement authority, or

(b) the respondent.

(2) The High Court in Northern Ireland—

(a) may discharge the order;

(b) may vary the order.

Section 48 Article 21I (variation and discharge of interim freezing order)

In article 21I—

(a) in paragraph (6)(d) for “in England and Wales” substitute “in the part of the United Kingdom in which the interim freezing order concerned is made”;

(b) in paragraph (9)(a) after “article 8” insert “or 95”.

Section 49 Article 21J (exclusions)

In article 21J(6)(b) for “, be made available” to the end substitute—

—

(i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii) be funded by the Legal Services Agency Northern Ireland.

Section 50 Article 21M (powers of receivers appointed under article 21L)

In article 21M(4)(a) and (5) for “in England and Wales” substitute “(in England and Wales or, as the case may be, Northern Ireland)”.