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Defined terms — Proceeds of Crime Act 2002

United Kingdom · ukpga/2002/29 · 5948 provisions

223 defined in this instrument.

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a relevant authority — — the National Crime Agency, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... the Director of the Serious Fraud Office Section 2A(2)
accused — a person against whom proceedings for an offence have been instituted (whether or not he has been convicted); “clerk of court” includes the sheriff clerk Section 154(1)
applicable maximum amount — the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay Section 22A(10)
appropriate clerk of court — the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1) Section 131D(5)
appropriate clerk of court — the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); “appropriate officer” has the same meaning as in section 120A Section 131ZB(4)
appropriate designated officer — the designated officer for the magistrates' court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine Section 67D(6)
Appropriate officer — — a constable; an officer of Revenue and Customs; an immigration officer; a National Crime Agency officer Section 120A(3)
appropriate officer — — an officer of Revenue and Customs, or an immigration officer, or a constable Section 127A
Appropriate officer — — an accredited financial investigator; a constable; an officer of Revenue and Customs; an immigration officer; a National Crime Agency officer; a member of staff of the relevant director (within the meaning of section 352(5A)) Section 190A(3)
appropriate officer — — an officer of Revenue and Customs, an immigration officer, or a constable, ... an SFO officer, or an accredited financial investigator Section 195A(1)
Appropriate officer — — an accredited financial investigator; a constable; an officer of Revenue and Customs; an immigration officer; a National Crime Agency officer, a member of staff of the relevant director (within the meaning of section 352(5A)) Section 41A(3)
appropriate officer — — an officer of Revenue and Customs, an immigration officer; a constable, ... an SFO officer, or an accredited financial investigator Section 47A(1)
appropriate person — — in a case where the money is held in an account maintained with a relevant financial institution, the relevant financial institution ; in any other case, the person on whose authority the money is detained Section 131ZA(9)
appropriate person — — in a case where the money is held in an account maintained with a relevant financial institution, the relevant financial institution; in any other case, the person on whose authority the money is detained Section 215(8)
appropriate person — — references to a “constable” include references to an officer of Revenue and Customs and to an immigration officer; the procurator fiscal, in relation to a confiscation investigation or a money laundering investigation, the Scottish Ministers, in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation Section 412
appropriate person — — in a case where the money is held in an account maintained with a a relevant financial institution, the relevant financial institution; in any other case, the person on whose authority the money is detained Section 67(8)
artistic work — a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988 Section 303B(4)
Associated property — property of any of the following descriptions (including property held by the respondent) which is not itself the recoverable property— any interest in the recoverable property, any other interest in the property in which the recoverable property subsists, if the recoverable property is a tenancy in common, the tenancy of the other tenant, if (in Scotland) the recoverable property is owned in common, the interest of the other owner, if the recoverable property is part of a larger property, but not a separate part, the remainder of that property Section 245(1)
associated property — property of any of the following descriptions that is not itself the forfeitable property— any interest in the forfeitable property; any other interest in the property in which the forfeitable property subsists; if the forfeitable property is a tenancy in common, the tenancy of the other tenant; if (in Scotland) the forfeitable property is owned in common, the interest of the other owner; if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property. References to property being associated with forfeitable property are to be read accordingly Section 303P(3)
associated property — property of any of the following descriptions that is not itself the forfeitable property— any interest in the forfeitable property; any other interest in the property in which the forfeitable property subsists; if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property. References to property being associated with forfeitable property are to be read accordingly Section 303Z43(3)
auction platform — a platform on which auctions of emissions allowances are held in accordance with the Emission Allowance Auctioning Regulation Schedule 9, Part 1, paragraph 1(9)
authorised deposit-taker — — a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; a person who— is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and accepts deposits; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3, paragraph 6(4)
authorised deposit-taker — — a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; a person who— is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and accepts deposits; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 131ZA(10)
authorised deposit-taker — — a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; a person who— is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and accepts deposits; an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits Section 215(9)
authorised deposit-taker — — a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; a person who— is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and accepts deposits; an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits Section 303Z7(2)
authorised deposit-taker — — a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; a person who— is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and accepts deposits; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 67(9)
authorised NCA officer — a National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this section Section 339ZH(12)
authorised person — an NCA officer authorised by the Director General of the NCA for the purposes of this section Section 449(6)
bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; “building society” has the same meaning as in the Building Societies Act 1986 Schedule 3, paragraph 6(3)
bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; “building society” has the same meaning as in the Building Societies Act 1986; “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations) Section 131ZA(9)
bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; “building society” has the same meaning as in the Building Societies Act 1986; “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations) Section 215(8)
Bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom Section 303Z7(1)
bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; “building society” has the same meaning as in the Building Societies Act 1986; “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations) Section 67(8)
beneficial ownership information — information in relation to the beneficial ownership of persons incorporated in a part of the United Kingdom or (as the case may be) in a relevant territory Section 445A(6)
betting receipt — a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence Section 289(7A)
Business relationship — a business, professional or commercial relationship between a person carrying on business in the regulated sector and a customer or client, where the relationship— arises out of the business of that person, and is expected by that person, at the time when contact is established, to have an element of duration Section 340(17)
cash — notes, coins or travellers’ cheques in any currency Schedule 9, Part 1, paragraph 1(8)
civil recovery order — an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3) Schedule 11, paragraph 22(6)
civil recovery order — an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3) Schedule 11, paragraph 23(6)
company — any company which may be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) Section 108(6)
company — any company which may be wound up under the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) or the Insolvency Act 1986 (c. 45) Section 173(6)
company — any company which may be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) Section 23(6)
company — any company which may be wound up under the 1986 Act Section 426(1)
company — any company which may be wound up under the 1986 Act Section 427(1)
company — any company which may be wound up under the 1989 Order Section 428(1)
company — any company which may be wound up under the 1989 Order Section 429(1)
company — a company which may be wound up under the 1986 Act, or the 1989 Order Section 430(1)
compensatable loss — personal injury, loss or damage of a kind in respect of which a compensation order could have been made Section 22A(10)
compensation order — an order under— section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or Chapter 2 of Part 7 of the Sentencing Code Section 22A(10)
compliance order — an order made under section 163A Section 163B(7)
compliance order — an order made under section 13A Section 67H(6)
confiscation order — an order under section 92; “conviction”, in relation to an offence, includes a finding that the offence has been committed; “court” must be construed in accordance with sections 92(13) and 119(10) Section 154(1)
contract of long-term insurance — any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) Schedule 9, Part 1, paragraph 1(2A)
corresponding disclosure requirement — a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part Section 339ZH(12)
corresponding money laundering offence — an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11); “the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013 Section 339ZH(12)
credit institution — — a credit institution as defined in Article 4(1)(1) of the Capital Requirements Regulation; or a branch (within the meaning of Article 4(1)(17) of that Regulation) located in the United Kingdom of an institution falling within paragraph (a) (or of an equivalent institution in any other State) wherever its head office is located Schedule 9, Part 1, paragraph 1(2)
criminal investigation — an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence Section 154(1)
Crypto wallet — — which is used to store the cryptographic private key that allows cryptoassets to be accessed. software, hardware, a physical item, or any combination of the things mentioned in paragraphs (a) to (c) Section 150A(2)
Crypto wallet — — which is used to store the cryptographic private key that allows cryptoassets to be accessed. software, hardware, a physical item, or any combination of the things mentioned in paragraphs (a) to (c) Section 232A(2)
crypto wallet — — which is used to store the cryptographic private key that allows cryptoassets to be accessed. software, hardware, a physical item, or any combination of the things mentioned in sub-paragraphs (i) to (iii) Section 303Z20(1)
Crypto wallet — — which is used to store the cryptographic private key that allows cryptoassets to be accessed. software, hardware, a physical item, or any combination of the things mentioned in paragraphs (a) to (c) Section 84A(2)
cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Schedule 9, Part 1, paragraph 1(13)
Cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Section 150A(1)
Cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Section 232A(1)
cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Section 303Z20(1)
Cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Section 84A(1)
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets, exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Schedule 9, Part 1, paragraph 1(12)
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets; exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another; operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Section 131ZC(3)
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets; exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another; operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Section 215ZB(3)
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets, exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Section 303Z35(1)
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets; exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another; operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Section 67ZB(3)
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets Schedule 9, Part 1, paragraph 1(12)
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets Section 131ZC(3)
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets Section 215ZB(3)
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets; “cryptoasset service provider” includes cryptoasset exchange provider and custodian wallet provider Section 303Z35(1)
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets Section 67ZB(3)
customer due diligence duties — all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures) Section 327(2E)
customer due diligence duties — all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures) Section 328(7)
customer due diligence duties — all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures) Section 329(2E)
Deposit-taking body — — a business which engages in the activity of accepting deposits, ... the National Savings Bank , or a person specified, or of a description specified, in regulations made by the Treasury or the Secretary of State Section 340(14)
Disclosure request — a request made for the purposes of condition 2 in section 339ZB(3) Section 339ZG(2)
document — anything in which information of any description is recorded Section 245F(5)
Document — anything in which information of any description is recorded Section 250(2)
document — anything in which information of any description is recorded Section 255H(5)
Document — anything in which information of any description is recorded Section 259(2)
document — anything in which information of any description is recorded Section 396Q(5)
drug trafficking offence — an offence specified in paragraph 2 or (so far as it relates to that paragraph) paragraph 10 of Schedule 4 to the Proceeds of Crime Act 2002 Schedule 11, paragraph 29(3)
enforcement authority — — the National Crime Agency, Her Majesty's Revenue and Customs, the Financial Conduct Authority, the Director of the Serious Fraud Office, or the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland) Section 362A(7)
enforcement officer — — an officer of Revenue and Customs, a constable, an SFO officer, or an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453; “the minimum amount” has the meaning given by section 303Z8 Section 303Z1(6)
enforcement officer — — an officer of Revenue and Customs, a constable, an SFO officer, or an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453 Section 303Z20(4)
enforcement or investigatory proceedings — any proceedings in relation to property taken under— Part 2 or 4 (confiscation proceedings in England and Wales or Northern Ireland) (in relation to cases where the enforcement authority is also a prosecuting authority for the purposes of that Part), Part 5 (civil recovery of the proceeds of unlawful conduct), or this Chapter Section 362D(8)
enforcement or investigatory proceedings — any proceedings in relation to property taken under— Part 3 (confiscation proceedings in Scotland), or this Chapter Section 396D(9)
exchange of notes — written documentation signed on behalf of the government of the United Kingdom and the government of a relevant territory setting out details of the agreement reached in respect of the arrangements for the matters mentioned in subsection (5)(a) and (b) Section 445A(6)
Exempt property — — such tools, books, vehicles and other items of equipment as are necessary to the accused for use personally in the accused's employment, business or vocation; such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the accused and the accused's family Section 127C(4)
Exempt property — — such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation; such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family Section 195C(4)
Exempt property — — such tools, books, vehicles and other items of equipment as are necessary to the defendant for use personally in the defendant's employment, business or vocation; such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the defendant and the defendant's family Section 47C(4)
external request — a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed Section 339ZH(6)
face-value voucher — a voucher in physical form that represents a right to receive goods or services to the value of an amount stated on it Section 303B(4)
Financial Conduct Authority officer — a member of staff of the Financial Conduct Authority Section 378(9)
financial institution — an undertaking that carries on a business in the regulated sector by virtue of any of paragraphs (b) to (i) of paragraph 1(1) of that Schedule Section 333E(2)
financial institution — an undertaking that carries on a business in the regulated sector by virtue of any of paragraphs (b) to (i) of paragraph 1(1) of that Schedule; “relevant professional adviser” has the meaning given by section 333E(5) Section 339ZG(8)
Financial institution — a person carrying on a business in the regulated sector Section 416(4)
Financial year — — the period beginning with the day on which section 56 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and each subsequent period of twelve months beginning with 1 April Section 127I(2)
Financial year — — the period beginning with the day on which section 57 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and each subsequent period of twelve months beginning with 1 April Section 195I(2)
Financial year — — the period beginning with the day on which this section comes into force and ending with the next 31 March (which is the first financial year), and each subsequent period of twelve months beginning with 1 April Section 291(1)
Financial year — — the period beginning with the day on which section 15 of the Criminal Finances Act 2017 (which inserted this section) came into force and ending with the next 31 March (which is the first financial year), and each subsequent period of 12 months beginning with 1 April Section 303F(2)
Financial year — — the period beginning with the day on which this section came into force and ending with the next 31 March (which is the first financial year), and each subsequent period of 12 months beginning with 1 April Section 303Z24(2)
Financial year — — the period beginning with the day on which section 55 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and each subsequent period of twelve months beginning with 1 April Section 47I(2)
firm — any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association Schedule 9, Part 1, paragraph 1(7)
fixed-value casino token — a casino token that represents a right to be paid the amount stated on it Section 289(7A)
foreign country — a country or territory outside the United Kingdom Section 339ZH(12)
foreign FIU — a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time) Section 339ZH(12)
forfeitable property — the property in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(c) or (2)(c) (as the case may be) Section 303P(4)
forfeitable property — the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(b) or (2)(b) (as the case may be) Section 303Z43(4)
freeport — a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979 Schedule 9, Part 1, paragraph 1(11)
gaming voucher — a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it Section 289(7A)
high value dealer — a person mentioned in paragraph 1(1)(q) when carrying on the activities mentioned in that paragraph Schedule 9, Part 1, paragraph 2(2)
Information order — an order made under section 339ZH Section 340(15)
interested person — a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property Section 168A(1)
interested person — a person (other than the defendant) who the court thinks is or may be a person holding an interest in the property Section 18A(1)
Interested person — — the person who made the relevant disclosure, and any other person who appears to the person making the application under section 336A to have an interest in the relevant property Section 336D(3)
ITTOIA 2005 — the Income Tax (Trading and Other Income) Act 2005 Schedule 10, Part 2, paragraph 2(7)
legal privilege — protection in legal proceedings from disclosure, by virtue of any rule of law relating to the confidentiality of communications; and “items subject to legal privilege” are— which would be so protected. communications between a professional legal adviser and his client, or communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, “premises” include any place and, in particular, include— any vehicle, vessel, aircraft or hovercraft; any offshore installation within the meaning of section 1 of the Mineral Workings (Offshore Installations) Act 1971 (c. 61) and any tent or movable structure Section 412
letting agency work — work— consisting of things done in response to instructions received from— a person (a “prospective landlord”) seeking to find another person to whom to let land, or a person (a “prospective tenant”) seeking to find land to rent, and done in a case where an agreement is concluded for the letting of land— for a term of a month or more, and at a rent which during at least part of the term is, or is equivalent to, a monthly rent of £10,000 or more Schedule 9, Part 1, paragraph 1(6B)
listed asset — an item of property that falls within one of the following descriptions of property— precious metals; precious stones; watches; artistic works; face-value vouchers; postage stamps Section 303B(1)
local authority — a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to a local authority, means the local government area for which the authority is constituted Section 245ZA(4)
money — — but does not include a cryptoasset; and money in sterling, money in any other currency, or money in any other medium of exchange, in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset Schedule 9, Part 1, paragraph 1(13)
money — — but does not include a cryptoasset. money in sterling, money in any other currency, or money in any other medium of exchange Section 303Z35(2)
money laundering offence — any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act Schedule 11, paragraph 17(5)
Moratorium period — the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C Section 336D(4)
NCA authorised officer — a person authorised for the purposes of this Part by the Director General of the National Crime Agency Section 339ZG(3)
Nominated officer — a person nominated to receive disclosures under section 330 Section 339ZG(4)
off-the-shelf firm — a firm that either— does not carry on business; or carries on business but such business is not the main activity carried on by the firm or sole practitioner Schedule 9, Part 1, paragraph 1(4A)
payment institution — an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)); “relevant court”, in relation to a confiscation order, means— the court which makes the confiscation order, or the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1) Section 131ZA(9)
payment institution — an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)) Section 215(8)
payment institution — an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)); “relevant court”— in England and Wales and Northern Ireland, means a magistrates' court, and in Scotland, means the sheriff Section 303Z1(6)
Payment institution — an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)) Section 340(16)
payment institution — an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)) Section 67(8)
politically exposed person — a person who is— an individual who is, or has been, entrusted with prominent public functions by an international organisation or by a State other than the United Kingdom or another EEA State, the United Kingdom, or an EEA state, a family member of a person within paragraph (a), known to be a close associate of a person within that paragraph, or otherwise connected with a person within that paragraph Section 362B(7)
politically exposed person — a person who is— an individual who is, or has been, entrusted with prominent public functions by an international organisation or by a State other than — the United Kingdom, or an EEA state, a family member of a person within paragraph (a), known to be a close associate of a person within that paragraph, or otherwise connected with a person within that paragraph Section 396B(7)
precious metal — gold, silver or platinum (whether in an unmanufactured or a manufactured state) Section 303B(4)
prescribed — prescribed by regulations made by the Secretary of State Section 41(10)
priority order — any of the following— a compensation order under Chapter 2 of Part 7 of the Sentencing Code; an order requiring payment of a surcharge under section 42 of the Sentencing Code; an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013. a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015 Section 13(3A)
privileged information — information which a person would be entitled to refuse to provide— in England and Wales and Northern Ireland, on grounds of legal professional privilege in proceedings in the High Court; in Scotland, on grounds of legal privilege as defined by section 412 Section 303Z26(4)
proper person — — a constable, in relation to a confiscation investigation or a money laundering investigation; the Scottish Ministers or a person named by them, in relation to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation Section 412
recovery order — an order made under section 266, “relevant court” has the meaning given by section 303Z1(6), “relevant financial institution” (in Chapter 3B) has the meaning given by section 303Z1(6), “relevant officer” (in Chapter 3A) has the meaning given by section 303C(9) Section 316(1)
relevant action — any of the following— publishing a draft code of practice; considering any representations made about the draft; modifying the draft in light of any such representations Section 303Z25(3)
relevant application — an application for— a restraint order under section 41 or 190, a property freezing order, or an interim receiving order; “response period” has the meaning given by section 362C(4) Section 362K(11)
relevant application — an application for— a restraint order under section 120, a prohibitory property order under section 255A, or an interim administration order under section 256; “response period” has the meaning given by section 396C(4) Section 396K(11)
relevant authority — — in relation to a confiscation investigation, an appropriate officer; and in relation to a civil recovery investigation, a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or the relevant Director ; and in relation to a money laundering investigation, an appropriate officer, and in relation to an exploitation proceeds investigation, a National Crime Agency officer Section 357(7)
relevant authority — — the Director of Public Prosecutions; the Director of the Serious Fraud Office; ... the Director of Public Prosecutions for Northern Ireland. Her Majesty's Revenue and Customs; or the Financial Conduct Authority Section 435(4)
relevant consent — in relation to the disposal of any right or interest in a family home— in a case where the family home is occupied by the spouse or former spouse of the relevant person, the consent of the spouse or, as the case may be, of the former spouse, whether or not the family home is also occupied by the relevant person; where paragraph (a) does not apply, in a case where the family home is occupied by the relevant person with a child of the family, the consent of the relevant person Section 98(5)
relevant court — — in England and Wales and Northern Ireland, a magistrates’ court, and in Scotland, the sheriff; “senior officer” has the meaning given by section 303Z20 Section 303Z36(8)
relevant court — — in England and Wales and Northern Ireland, a magistrates’ court, and in Scotland, the sheriff Section 303Z52(13)
relevant court — — in England and Wales and Northern Ireland, a magistrates’ court, and in Scotland, the sheriff; “relevant financial institution” has the meaning given by section 303Z1(6); “UK-connected cryptoasset service provider” has the meaning given by section 303Z36 Section 303Z66(1)
relevant Director — — the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Director of the Serious Fraud Office Section 2C(4)
Relevant disclosure — — where the application under section 336A relates to the moratorium period mentioned in section 335(6), the authorised disclosure mentioned in section 335(2)(a); where the application under section 336A relates to the moratorium period mentioned in section 336(8), the disclosure mentioned in section 336(4)(a) Section 336D(5)
relevant disclosure — any disclosure made in compliance, or intended compliance, with section 339ZB Section 339ZF(5)
relevant financial institution — a bank, a building society, an electronic money institution or a payment institution Section 131ZA(9)
relevant financial institution — a bank, a building society, an electronic money institution or a payment institution Section 215(8)
relevant financial institution — — a bank, a building society, an electronic money institution, or a payment institution Section 303Z1(6)
relevant financial institution — a bank, a building society, an electronic money institution or a payment institution Section 67(8)
relevant information — — a description of— the process undertaken in order to comply with subsection (10)(a) in relation to the Scottish Ministers or the Department of Justice (as the case may be), and any agreement, objection or other views expressed as part of that process by the Scottish Ministers or the Department of Justice (as the case may be), and an explanation of whether and how such views have been taken into account in the regulations (including, in a case where the Secretary of State proposes to make the regulations despite an objection, an explanation of the reasons for doing so) Section 303Z42(12)
relevant Minister — the Secretary of State or the Minister for the Cabinet Office Section 445A(6)
relevant nationality enactment — any enactment in— the British Nationality Act 1981, the Hong Kong Act 1985, the Hong Kong (War Wives and Widows) Act 1996, the British Nationality (Hong Kong) Act 1997, the British Overseas Territories Act 2002, or an instrument made under any of those Acts Section 336A(10)
Relevant offence — — in a case where the officer is satisfied that the first, second, third or fourth condition in section 127B is met, the offence mentioned in that condition, in a case where the officer is satisfied that any of the other conditions in section 127B is met, the offence (or any of the offences) concerned Section 127C(7)
Relevant offence — — in a case where the officer is satisfied that the first, second, third or fourth condition in section 195B is met, the offence mentioned in that condition, in a case where the officer is satisfied that any of the other conditions in section 195B is met, the offence (or any of the offences) concerned Section 195C(7)
Relevant offence — — in a case where the officer is satisfied that the first, second, third or fourth condition in section 47B is met, the offence mentioned in that condition, in a case where the officer is satisfied that any of the other conditions in section 47B is met, the offence (or any of the offences) concerned Section 47C(7)
relevant officer — — an officer of Revenue and Customs, a constable, an SFO officer, or an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453 Section 303C(9)
relevant order — — a restitution order, or a victim surcharge under section 253F(2) of the Procedure Act Section 97A(8)
relevant person — — in the case of an application to a magistrates' court, the Director General of the National Crime Agency or any authorised NCA officer, or in the case of an application to the sheriff, a procurator fiscal Section 339ZH(12)
relevant power — a power exercisable under— sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property); section 289 (powers to search for cash); section 294 (powers to seize cash); section 295(1) (power to detain seized cash); section 303C (powers to search for a listed asset); section 303J (powers to seize property); section 303K (powers to detain seized property); section 303Z21 (powers to search for cryptoasset-related items); section 303Z26 (powers to seize cryptoasset-related items); section 303Z27 (powers to detain cryptoasset-related items); or a search and seizure warrant issued under section 352 Section 453A(5)
relevant power — a power exercisable under any of the following— sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property); section 289 (powers to search for cash); section 294 (power to seize cash); section 295(1) (power to detain seized cash); section 303C (powers to search for a listed asset); section 303J (powers to seize property); section 303K (powers to detain seized property); section 303Z21 (powers to search for cryptoasset-related items); section 303Z26 (powers to seize cryptoasset-related items); section 303Z27 (powers to detain cryptoasset-related items); a search and seizure warrant issued under section 352 Section 453B(5)
relevant power — a power exercisable under— sections 47C to 47F, 127C to 127F or 195C to 195F (powers to seize and search for realisable property); section 289 as applied by section 24 of the UK Borders Act 2007 (powers to search for cash); section 294 as so applied (powers to seize cash); section 295(1) as so applied (power to detain seized cash); section 303C as so applied (powers to search for a listed asset); section 303J as so applied (powers to seize property); section 303K as so applied (powers to detain seized property); section 303Z21 (powers to search for cryptoasset-related items) as applied by section 24 of the UK Borders Act 2007 (exercise of civil recovery powers by immigration officers); section 303Z26 as so applied (powers to seize cryptoasset-related items); section 303Z27 as so applied (powers to detain cryptoasset-related items); a search and seizure warrant issued under section 352; or a search and seizure warrant issued under section 387 Section 453C(3)
relevant professional adviser — an accountant, auditor or tax adviser who is a member of a professional body which is established for accountants, auditors or tax advisers (as the case may be) and which makes provision for— testing the competence of those seeking admission to membership of such a body as a condition for such admission; and imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards Section 333E(5)
Relevant property — any property that would be the subject of the prohibited act (within the meaning of section 335(8) or (as the case may be) section 336(10)) in relation to which the moratorium period in question applies Section 336D(6)
Relevant seizure power — a power to seize property conferred by or by virtue of— section 127C or 387, a warrant granted under any other enactment or any rule of law, or any other enactment, or any rule of law, under which the authority of a warrant is not required Section 120A(4)
relevant seizure power — a power to seize money conferred by or by virtue of— a warrant granted under any enactment or rule of law, or any enactment, or rule of law, under which the authority of a warrant is not required Section 131ZA(9)
Relevant seizure power — a power to seize property conferred by or by virtue of— section 195C, section 352, or Part 3 or 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (including as applied by order under Article 85(1) of that Order) Section 190A(4)
relevant seizure power — a power to seize money conferred by or by virtue of— a warrant granted under any enactment or rule of law, or any enactment, or rule of law, under which the authority of a warrant is not required Section 215(8)
Relevant seizure power — a power to seize property which is conferred by or by virtue of— section 47C, section 352, or Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act) Section 41A(4)
relevant seizure power — a power to seize money conferred by or by virtue of— a warrant granted under any enactment or rule of law, or any enactment, or rule of law, under which the authority of a warrant is not required Section 67(8)
relevant territory — any of the Channel Islands, the Isle of Man or any British overseas territory Section 445A(6)
Relevant undertaking — any of the following— a credit institution; a financial institution; a professional legal adviser; a relevant professional adviser; other persons (not within paragraphs (a) to (d)) whose business consists of activities listed in paragraph 1(1) of Schedule 9 Section 339ZG(5)
Required notification — a notification made for the purposes of condition 3 in section 339ZB(4) Section 339ZG(7)
respondent — — where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought, where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings, “senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4), “share”, in relation to an excepted joint owner, has the meaning given by section 270(4), “unlawful conduct” has the meaning given by section 241 Section 316(1)
restraint order — a restraint order made under Part 3 of the Proceeds of Crime Act 2002 Schedule 11, paragraph 12(3)
restraint order — an order under section 120 Section 154(1)
senior Financial Conduct Authority officer — a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes Section 378(9)
senior officer — — an officer of Revenue and Customs of a rank designated by the Commissioners for His Majesty’s Revenue and Customs as equivalent to that of a senior police officer of at least the rank of inspector, a senior police officer of at least the rank of inspector, the Director of the Serious Fraud Office, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453 Section 303Z20(4)
senior officer — — the Director General of the National Crime Agency, any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, a police officer of at least the rank of inspector, an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank, an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank, a member of staff of the Financial Conduct Authority who is not below such grade as is designated by the Treasury for the purposes of this Part, the Director of the Serious Fraud Office (or a member of staff of that Office authorised for the purposes of section 336A by virtue of section 2C(2)), or an accredited financial investigator who falls within a description specified in an order made for the purposes of section 336A by the Secretary of State or the Welsh Ministers under section 453 Section 336D(7)
senior officer — a procurator fiscal Section 336D(8)
senior police officer — a police officer of at least the rank of inspector Section 303Z2(5)
SFO officer — a member of staff of the Serious Fraud Office Section 454A
the Allowances Act 2001 — the Capital Allowances Act 2001 (c. 2) Schedule 10, Part 2, paragraph 2(7)
the applicable enactment — whichever enactment mentioned in paragraphs (b) to (d) is relevant to the resolution, arrangement, order or trust deed mentioned in subsection (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the 1986 Act means the Insolvency Act 1986 (c. 45), the 1989 Order means the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), the 2016 Act means the Bankruptcy (Scotland) Act 2016 Section 311(7)
the Capital Requirements Regulation — Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms Schedule 9, Part 1, paragraph 3(1)
the court — — the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary; the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court Section 119(10)
The court — — in relation to England and Wales or Northern Ireland, the Crown Court; in relation to Scotland, the sheriff Section 336D(2)
the court — the High Court of Justiciary, the Sheriff Appeal Court or the sheriff Section 92(13)
the Department of Justice — the Department of Justice in Northern Ireland; “electronic money institution” (in Chapter 3B) has the meaning given by section 303Z1(6), “enforcement authority”— in relation to England and Wales, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency, the Director of Public Prosecutions ... or the Director of the Serious Fraud Office, in relation to Scotland, means the Scottish Ministers, in relation to Northern Ireland, means the Financial Conduct Authority, Her Majesty's Revenue and Customs, the National Crime Agency, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland, “enforcement officer” (in Chapter 3B) has the meaning given by section 303Z1(6), “excepted joint owner” has the meaning given by section 270(4), “interest”, in relation to land— in the case of land in England and Wales or Northern Ireland, means any legal estate and any equitable interest or power, in the case of land in Scotland, means any estate, interest, servitude or other heritable right in or over land, including a heritable security, “interest”, in relation to property other than land, includes any right… Section 316(1)
the Emission Allowance Auctioning Regulation — Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community; ... ... .. Schedule 9, Part 1, paragraph 3(1)
the Markets in Financial Instruments Directive — directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments Schedule 9, Part 1, paragraph 3(1)
the Procedure Act — the Criminal Procedure (Scotland) Act 1995 (c. 46) Section 154(1)
the prosecutor — a person who is to have conduct of any proceedings for the offence Section 127M(4)
the prosecutor — a person who is to have conduct of any proceedings for the offence Section 195M(4)
the prosecutor — a person who is to have conduct of any proceedings for the offence Section 47M(4)
the relevant cryptoassets — — in relation to converted cryptoassets detained under section 303Z57, some or all of the cryptoassets mentioned in subsection (1) of that section, and in relation to converted cryptoassets detained under section 303Z58, some or all of the cryptoassets mentioned in subsection (1) of that section Section 303Z63(10)
the relevant cryptoassets — — in relation to converted cryptoassets detained under section 303Z57, the cryptoassets mentioned in subsection (1) of that section; in relation to converted cryptoassets detained under section 303Z58, the cryptoassets mentioned in subsection (1) of that section; “the relevant crypto wallet freezing order”, in relation to converted cryptoassets detained under section 303Z58, means the crypto wallet freezing order mentioned in subsection (1) of that section Section 303Z64(12)
the relevant date — the date on which the first order under section 303Z30 or 303Z32 (as the case may be) was made in relation to the cryptoassets Section 303Z57(6)
The relevant part of the United Kingdom — — in relation to an order made by the High Court in England and Wales, England and Wales, ... in relation to an order made by the Court of Session, Scotland., and in relation to an order made by the High Court in Northern Ireland, Northern Ireland Section 282A(4)
the relevant person — — in the case of converted cryptoassets detained under section 303Z57, the person from whom the cryptoassets mentioned in subsection (1) of that section were seized, and in the case of converted cryptoassets detained under section 303Z58, any person affected by the crypto wallet freezing order mentioned in subsection (1) of that section Section 303Z59(4)
the Solvency 2 Directive — Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) Schedule 9, Part 1, paragraph 3(1)
The Taxes Act 1988 — the Income and Corporation Taxes Act 1988 (c. 1) Schedule 10, Part 2, paragraph 2(7)
The unlawful conduct — — in a case in which the property in question was obtained through unlawful conduct, that conduct, in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct Schedule 7A, paragraph 8
UK law enforcement agency — — the National Crime Agency; a police force in England, Scotland, Northern Ireland or Wales; any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of preventing, detecting, investigating or prosecuting offences Section 339ZF(5)
UK-connected cryptoasset service provider — a cryptoasset service provider which— is acting in the course of business carried on by it in the United Kingdom, has terms and conditions with the persons to whom it provides services which provide for a legal dispute to be litigated in the courts of a part of the United Kingdom, holds, in the United Kingdom, any data relating to the persons to whom it provides services, or meets the condition in subsection (9) Section 303Z36(8)
value — market value. The following provisions apply for the purposes of this Part. For the purpose of deciding whether or not property was recoverable at any time (including times before commencement), it is to be assumed that this Part was in force at that and any other relevant time. Property is all property wherever situated and includes— money, all forms of property, real or personal, heritable or moveable, things in action and other intangible or incorporeal property. Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows. In relation to land, it is a reference to any interest which he holds in the land. In relation to property other than land, it is a reference— to the property (if it belongs to him), or to any other interest which he holds in the property. References to the satisfaction of the enforcement authority’s right to recover property obtained through unlawful conduct are to be read in accordance with section 279. In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276,… Section 316
wasted costs — any costs incurred by a party— as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay Section 89(8)
work of art — anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods), is a work of art for the purposes of section 21(5)(a) of that Act Schedule 9, Part 1, paragraph 1(10)
Working day — a day other than— a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 336A is made Section 336D(9)
working day — a day other than— a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 362DA is made Section 362DB(7)
working day — a day other than— a Saturday or a Sunday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland Section 396DB(7)