Proceeds of Crime Act 2002 powers to execute warrant and orders: revised code of practice consultation

Footnotes

1 Entitled “Code of Practice on the exercise by Proper Persons of functions conferred by Chapter 3 of Part 8 of the Proceeds of Crime Act 2002” and brought into operation on 28 November 2019 by S.S.I 2019/390.

2 As amended by paragraph 30 of Part 2 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023.

3 Defined by section 341(1) of POCA/, as amended by section 38(1) of, and paragraph 55 of Schedule 4 to, the Serious Crime Act 2015 (c.9).

4 Defined by section 341(4) of POCA/.

5 Defined by section 341(2) and (3) of POCA/. See also section 341A of POCA/, as inserted by paragraph 3 of Schedule 19 to the Crime and Courts Act 2013.

6 Defined by section 341(3A) of POCA/, as inserted by section 75(1) of the Serious Crime Act 2007 (c.27) and amended by paragraph 110 of Schedule 7 to the Policing and Crime Act 2009 (c.26) and paragraph 25 of Schedule 19 to the Crime and Courts Act 2013 (c.22).

7 Defined by section 341(3B) of POCA/, as inserted by paragraph 39(3) of Schedule 5 to the Criminal Finances Act 2017.

8 Defined by section 341(3C) of POCA/, as inserted by paragraph 39(3) of Schedule 5 to the Criminal Finances Act 2017.

9 Defined by section 341 (3D) of POCA/, as inserted by paragraph 8(2) of Part 2 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023.

10 This guidance has been prepared by the Legal Sector Affinity Group and approved by HM/ Treasury. It should be noted that the guidance has been prepared for the legal sector in relation to money laundering which is not the subject of this Code of Practice. However, Chapter 13 sets out further details on legal professional privilege.

11 Section 410(6) and (7) of POCA/.

12 The code of practice will be published on the Scottish Government’s website at www.gov.scot.

13 Public Sector Equality Duty

14 As amended by paragraph 8(2) of Part 2 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023

15 Defined by section 380(5) of POCA/.

16 Defined by section 412 of POCA/

17 See section 380(6) of POCA/.

18 See section 17(1) of the Crown Proceedings Act 1947.

19 See section 126(6) to (8) of the Scotland Act 1998 and S.I. 1999/1127, S.I. 2002/801 and S.I. 2005/1267.

20 See section 384 of POCA/.

21 Defined by section 387(4) of POCA/.

22 Defined by section 412 of POCA/.

23 Section 390(2) of POCA/.

24 Section 387(4A) of POCA/, as inserted by section 86 of the Serious Crime Act 2007 (c.27).

25 See section 390(5) and (6) of POCA/, as amended by paragraph 66(4) of Schedule 5 to the Criminal Finances Act 2017.

26 Defined by section 412 of POCA/.

27 Section 398 of POCA/ sets out the meaning of “customer information”, which varies depending on whether the person whose information is sought is an individual or a corporate body.

28 Defined by section 397(6) of POCA/.

29 See section 416(4) to (6) of POCA/ for the definition of “financial institution”. The application does not need to name every financial institution individually. It may specify all financial institutions or a particular description of institutions, or it may name a particular financial institution: section 397(5) of POCA/.

30 Defined by section 404(7) of POCA/.

31 Defined by section 412 of POCA/.

32 See section 416(4) to (6) of POCA/ for the definition of “financial institution”.