March 2009 Plenary Meetings of the Permanent Council
In Chapter 2 of Part 8 of the Proceeds of Crime Act 2002 (investigations: England and Wales and Northern Ireland), after section 362 insert—
After section 362I of the Proceeds of Crime Act 2002 (inserted by section 1 above) insert—
After section 362R of the Proceeds of Crime Act 2002 (inserted by section 2 above) insert—
In Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (investigations: Scotland), after section 396 insert—
After section 396I of the Proceeds of Crime Act 2002 (inserted by section 4 above) insert—
After section 396S of the Proceeds of Crime Act 2002 (inserted by section 5 above) insert—
Chapter 2 of Part 8 of the Proceeds of Crime Act 2002 (investigations: England and Wales and Northern Ireland) is amended as follows.
In section 357 (disclosure orders)—
in subsection (2) omit “or a money laundering investigation”;
omit subsection (2A);
in subsection (3), after paragraph (b) insert—;
in subsection (7)—
in paragraph (a) for “a prosecutor” substitute “an appropriate officer”;
after paragraph (b) insert—;
omit subsections (8) and (9).
In section 358 (requirements for making a disclosure order), in subsection (2) after paragraph (b) insert—.
In section 362 (supplementary)—
for subsection (4A) substitute—;
after subsection (5) insert—
Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (investigations: Scotland) is amended as follows.
In section 391(disclosure orders)—
in subsection (1) after “confiscation investigations” insert “or money laundering investigations”;
in subsection (2) omit “or a money laundering investigation”;
in subsection (3) after paragraph (a) insert—.
In section 392 (requirements for making a disclosure order), in subsection (2) after paragraph (a) insert—.
In section 396 (supplementary)—
in subsection (1) in paragraph (a) after “confiscation investigation” insert “or a money laundering investigation”;
in subsection (3) in paragraph (a) after “confiscation investigation” insert “or a money laundering investigation”.
In Part 11 of the Proceeds of Crime Act 2002 (co-operation), after section 445 insert—
Part 7 of the Proceeds of Crime Act 2002 (money laundering) is amended as follows.
In section 335 (appropriate consent), after subsection (6) insert—
In section 336 (nominated officer: consent), after subsection (8) insert—
After section 336 insert—
After section 339ZA of the Proceeds of Crime Act 2002 insert—
After section 339ZG of the Proceeds of Crime Act 2002 (inserted by section 11 above) insert—
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.
In section 241 (meaning of “unlawful conduct”), after subsection (2) insert—
After that section insert—
The amendments made by this section— This is subject to subsection (5).
apply in relation to conduct, so far as that conduct constitutes or is connected with the torture of a person (see section 241A(2)(a) of the Proceeds of Crime Act 2002 as inserted by subsection (3) above), whether the conduct occurs before or after the coming into force of this section;
apply in relation to property obtained through such conduct whether the property is obtained before or after the coming into force of this section;
apply in relation to conduct, so far as that conduct involves or is connected with the cruel, inhuman or degrading treatment or punishment of a person (see section 241A(2)(b) of that Act as inserted by subsection (3) above), only if the conduct occurs after the coming into force of this section.
Proceedings under Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 may not be brought in respect of property obtained through unlawful conduct of the kind mentioned in section 241(2A) of the Proceeds of Crime Act 2002 (as inserted by subsection (2) above) after the end of the period of 20 years from the date on which the conduct constituting the commission of the gross human rights abuse or violation concerned occurs.
Proceedings under that Chapter are brought in England and Wales or Northern Ireland when— whichever is the earliest.
a claim form is issued,
an application is made for a property freezing order under section 245A of that Act, or
an application is made for an interim receiving order under section 246 of that Act,
Proceedings under that Chapter are brought in Scotland when— whichever is the earliest.
the proceedings are served,
an application is made for a prohibitory property order under section 255A of that Act, or
an application is made for an interim administration order under section 256 of that Act,
In section 289(6) of the Proceeds of Crime Act 2002 (meaning of cash for purposes of Chapter 3 of Part 5 of that Act), after paragraph (e) insert—.
After section 289(7) of that Act insert—
In Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct), after section 303A insert—
In Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct), after section 303Z (inserted by section 15 above) insert—
Schedule 1 contains amendments conferring certain powers under the Proceeds of Crime Act 2002 on members of staff of the Serious Fraud Office.
The following provisions, which impose restrictions on the exercise of certain powers conferred on officers of Revenue and Customs, are amended as follows.
In section 23A of the Criminal Law (Consolidation) (Scotland) Act 1995 (investigation of offences by Her Majesty’s Revenue and Customs), omit the following—
in subsection (2), the words “Subject to subsection (3) below,” and the words from “other than” to the end of the subsection;
subsection (3).
In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation), omit the following—
in subsection (1), in paragraph (ba) of the definition of “officer of law”, the words “subject to subsection (1A) below,”;
subsection (1A).
In the Proceeds of Crime Act 2002 omit the following—
in section 289 (searches), subsections (5)(ba) and (5A);
in section 294 (seizure of cash), subsections (2A), (2B) and (2C);
section 375C (restriction on exercise of certain powers conferred on officers of Revenue and Customs);
section 408C (restriction on exercise of certain powers conferred on officers of Revenue and Customs).
In the Finance Act 2007, in section 84 (sections 82 and 83: supplementary), omit subsection (3).
The Proceeds of Crime Act 2002 is amended as follows.
In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—
in paragraph (a), before “the National Crime Agency,” insert “Her Majesty’s Revenue and Customs,”;
in paragraph (c), before “the National Crime Agency,” insert “Her Majesty’s Revenue and Customs,”.
In section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8), for subsection (3) substitute—
The Proceeds of Crime Act 2002 is amended as follows.
In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—
in paragraph (a), after “means” insert “the Financial Conduct Authority,”;
in paragraph (c), after “means” insert “the Financial Conduct Authority,”.
Section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8) is amended in accordance with subsections (4) to (6).
In subsection (3) (as substituted by section 19 above), after paragraph (c) insert—
In subsection (3ZA) (as inserted by that section), after paragraph (b) insert—
After subsection (8) insert—
Section 24 of the UK Borders Act 2007 (seizure of cash) is amended as follows.
For the heading substitute “Exercise of civil recovery powers by immigration officers”.
For subsection (1) substitute—
In subsection (2)(a), for “section 289” substitute “sections 289 and 303C and Chapter 3B”.
In subsection (2)(c), for “and 297A” substitute “, 297A and 303E and in Chapter 3B (see section 303Z2(4))”.
In subsection (2)(d), for “section 292” substitute “sections 292 and 303G”.
In subsection (2)(e), for “and 293A” substitute “, 293A, 303H and 303I”.
In subsection (2)(f), in the words before sub-paragraph (i), after “295(2)” insert “or 303L(1)”.
In subsection (2)(f)(ii), after “298” insert “or (as the case may be) 303O”.
In subsection (2)(g), after “298” insert “, 303O or 303Z14”.
In subsection (2)(h), after “302” insert “, 303W or 303Z18”.
After section 356 of the Proceeds of Crime Act 2002 (and before the italic heading before section 357) insert—
After section 453A of the Proceeds of Crime Act 2002 insert—
Part 11 of the Proceeds of Crime Act 2002 (co-operation) is amended as follows.
In section 444 (external requests and orders), in subsection (3), after paragraph (a) insert—.
In section 445 (external investigations), in subsection (1)(b), after “Part 8” insert “and section 453B”.
After section 453B of the Proceeds of Crime Act 2002 (inserted by section 23 above) insert—
Section 67 of the Proceeds of Crime Act 2002 (seized money) is amended as follows.
In subsection (2), for paragraphs (a) and (b) substitute—
After subsection (2) insert—
Omit subsection (3).
In subsection (5), for “bank or building society” substitute “appropriate person”.
In subsection (5A), at the beginning insert “Where this section applies to money which is held in an account maintained with a bank or building society,”.
In subsection (7A), after “applies” insert “by virtue of subsection (1)”.
For subsection (8) substitute—
After subsection (8) insert—
Section 215 of the Proceeds of Crime Act 2002 (seized money) is amended as follows.
In subsection (2), for paragraphs (a) and (b) substitute—
After subsection (2) insert—
Omit subsection (3).
In subsection (5) (as it has effect before and after its amendment by section 36 of the Serious Crime Act 2015), for “bank or building society” substitute “appropriate person”.
In subsection (5A), at the beginning insert “Where this section applies to money which is held in an account maintained with a bank or building society,”.
In subsection (7A), after “applies” insert “by virtue of subsection (1)”.
For subsection (8) substitute—
After subsection (8) insert—
After section 131 of the Proceeds of Crime Act 2002 insert—
The Proceeds of Crime Act 2002 is amended as follows.
After section 245 insert—
In section 266 (recovery orders), after subsection (8) insert—
In section 267(3) (functions of trustee for civil recovery), after paragraph (b) insert—.
After section 269 insert—
Paragraph 6 of Schedule 3 to the Proceeds of Crime Act 2002 (money received by administrator) is amended as follows.
In sub-paragraph (1) for “an appropriate bank or institution” substitute “a bank or building society”.
In sub-paragraph (1)— In sub-paragraph (3)(a) “authorised deposit-taker” means— A reference in sub-paragraph (4) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.
The Proceeds of Crime Act 2002 is amended as follows.
In section 47G (appropriate approval for exercise of search and seizure powers in England and Wales), in subsection (3), after paragraph (b) insert—.
In section 195G (appropriate approval for exercise of search and seizure powers in Northern Ireland), in subsection (3), after paragraph (b) insert—.
In section 290 (prior approval for exercise of search powers in relation to cash), in subsection (4), after paragraph (b) insert—.
The Proceeds of Crime Act 2002 is amended as follows.
In section 24 (inadequacy of available amount: discharge of order made under Part 2), after subsection (5) insert—
In section 25 (small amount outstanding: discharge of order made under Part 2), after subsection (3) insert—
In section 109 (inadequacy of available amount: discharge of order made under Part 3), after subsection (5) insert—
In section 174 (inadequacy of available amount: discharge of order made under Part 4), after subsection (5) insert—
In section 175 (small amount outstanding: discharge of order made under Part 4), after subsection (3) insert—
The amendments made by this section apply in relation to a confiscation order whether made before or after the day on which this section comes into force but do so only where the discharge of the order occurs after that day.
In section 341(1) of the Proceeds of Crime Act 2002 (confiscation investigations), at the beginning of paragraph (c) insert “the available amount in respect of the person or”.
The Proceeds of Crime Act 2002 is amended in accordance with subsections (2) to (10).
In section 82 (free property: England and Wales)—
in subsection (2), after paragraph (e) insert—;
in subsection (3)(b) for “or 297D” substitute “, 297D or 298(4)”;
after subsection (3)(c) (as inserted by paragraph 22 of Schedule 5) insert—
In section 148 (free property: Scotland)—
in subsection (2)—
omit “or” at the end of paragraph (e);
after that paragraph insert—;
in subsection (3)(b) for “or 297D” substitute “, 297D or 298(4)”;
after subsection (3)(c) (as inserted by paragraph 24 of Schedule 5) insert—
In section 230 (free property: Northern Ireland)—
in subsection (2), after paragraph (e) insert—;
in subsection (3)(b) for “or 297D” substitute “, 297D or 298(4)”;
after subsection (3)(c) (as inserted by paragraph 27 of Schedule 5) insert—
In section 245D (restriction on proceedings and remedies), in subsection (1)(b) after “levied” insert “, and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised,”.
In section 290 (prior approval to exercise of section 289 search powers), in subsection (4), after paragraph (aa) (inserted by Schedule 1 to this Act) insert—.
In section 297A (forfeiture notice), in subsection (6), after paragraph (ba) (inserted by Schedule 1 to this Act, but before the “or” at the end of that paragraph) insert—.
In section 302 (compensation), after subsection (7ZA) (inserted by Schedule 1 to this Act) insert—
In that section, in subsection (7A)(a)(i), for “that Part of that Act” substitute “Part 1 of the Police Reform and Social Responsibility Act 2011”.
In section 306 (mixing property), in subsection (3) after paragraph (c) insert—.
In section 8 of the Serious Crime Act 2015 (variation or discharge of confiscation orders), in subsection (3) before paragraph (a) insert—.
Schedule 2 contains amendments to the Terrorism Act 2000 which enable the making of disclosure orders in connection with investigations into terrorist financing offences.
After section 21C of the Terrorism Act 2000 insert—
After section 22A of the Terrorism Act 2000 insert—
Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash) is amended as follows.
In paragraph 1 (meaning of terrorist cash)—
after sub-paragraph (2)(e) insert—;
For the purposes of sub-paragraph (2)— In sub-paragraph (5)— In the application of sub-paragraph (5) to Northern Ireland references to a right to be paid an amount are to be read as references to the right that would exist but for Article 170 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (gaming and wagering contracts void).
In paragraph 3 (detention of seized cash)—
in sub-paragraph (2)(a), for “three” substitute “6”;
Where an application for an order under sub-paragraph (2) relates to cash seized under paragraph 2(2), the court, sheriff or justice may make the order if satisfied that—
After paragraph 5 insert—
In paragraph 7(4) (release of cash on appeal against decision in forfeiture proceedings), after “of” insert “the whole or any part of”.
If sub-paragraph (5) applies, the court or sheriff may order the cash to be released to the applicant or to the person from whom it was seized. This sub-paragraph applies where— The release condition is met—
In paragraph 19 (general interpretation), in sub-paragraph (1), at the appropriate places insert—; .
Schedule 3 contains amendments to the Anti-terrorism, Crime and Security Act 2001 which enable the forfeiture of certain personal (or moveable) property which—
is intended to be used for the purposes of terrorism,
consists of resources of a proscribed organisation, or
is, or represents, property obtained through terrorism.
Schedule 4 contains amendments to the Anti-terrorism, Crime and Security Act 2001 which enable the forfeiture of money held in a bank or building society account which—
is intended to be used for the purposes of terrorism,
consists of resources of a proscribed organisation, or
is, or represents, property obtained through terrorism.
The Terrorism Act 2000 is amended in accordance with subsections (2) to (5).
After section 63E insert—
In Part 1 of Schedule 5 (terrorist investigations: information: England and Wales and Northern Ireland)—
in paragraph 5—
in sub-paragraph (1) for “A constable” substitute “An appropriate officer”;
Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.
in sub-paragraph (3)(a) for “a constable” substitute “an appropriate officer”;
in sub-paragraph (3)(b) for “a constable” substitute “an appropriate officer”;
“Appropriate officer” means—
In the case of an order sought by a counter-terrorism financial investigator, the first condition is satisfied only to the extent that the terrorist investigation mentioned in sub-paragraph (2)(a) and (b) relates to terrorist property.
in paragraph 7(2)(a) for “constable” substitute “appropriate officer (as defined in paragraph 5(6))”;
A counter-terrorism financial investigator may apply to a Circuit Judge or a District Judge (Magistrates’ Courts) for an order under this paragraph requiring any person specified in the order to provide an explanation of any material produced or made available to a counter-terrorism financial investigator under paragraph 5.
In paragraph 1 of Schedule 6 (financial information orders)—
in sub-paragraph (1) after “constable” insert “or counter-terrorism financial investigator”;
in sub-paragraph (2)(a) after “constable” insert “or counter-terrorism financial investigator”.
In Schedule 6A (account monitoring orders)—
in paragraph 1 after sub-paragraph (4)(a) insert—;
If the application was made by a counter-terrorism financial investigator, the description of information specified in it may be varied by a different counter-terrorism financial investigator.
If the application for the account monitoring order was made by a counter-terrorism financial investigator, an application to discharge or vary the order may be made by a different counter-terrorism financial investigator.
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash)—
If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—
in paragraph 19(1)—
in the definition of “authorised officer”, after “constable” insert “, a counter-terrorism financial investigator”;
at the appropriate place insert—.
After section 120A of the Terrorism Act 2000 insert—
After paragraph 10Z7 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (inserted by Schedule 4 to this Act) insert—
After section 120B of the Terrorism Act 2000 (inserted by section 42 above) insert—
This section defines expressions used in this Part.
“Relevant body” means a body corporate or partnership (wherever incorporated or formed).
“Partnership” means— or a firm or entity of a similar character formed under the law of a foreign country.
a partnership within the meaning of the Partnership Act 1890, or
a limited partnership registered under the Limited Partnerships Act 1907,
A person (P) acts in the capacity of a person associated with a relevant body (B) if P is—
an employee of B who is acting in the capacity of an employee,
an agent of B (other than an employee) who is acting in the capacity of an agent, or
any other person who performs services for or on behalf of B who is acting in the capacity of a person performing such services.
For the purposes of subsection (4)(c) the question whether or not P is a person who provides services for or on behalf of B is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between P and B.