|
| 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Repealed | 1.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Repealed | 2.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Repealed | 4.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Repealed | 5.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 (ss. 6-91) |
| 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 |
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 |
| Procedural matters (ss. 14-18A) |
In force | 14. Postponement |
In force | 15. Effect of postponement |
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 |
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 |
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Repealed | 34.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 |
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 |
In force | 41A. Restraint orders: power to retain seized property etc. |
In force | 42. Application, discharge and variation |
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 |
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 |
| 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 |
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 |