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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Published date: 24 July 2002

Proceeds of Crime Act 2002 (c. 29) (POCA)

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Repealed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Repealed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Repealed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Repealed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