Defined terms — Criminal Finances Act 2017
United Kingdom · ukpga/2017/22 · 2204 provisions
153 defined in this instrument.
Appropriate officer — —
a constable, or
a counter-terrorism financial investigator.
in paragraph 6 after sub-paragraph (3) insert—
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)) Section 41(3)
appropriate person — —
in a case where the money is held in an account maintained with a bank or building society, the bank or building society;
in any other case, the person on whose authority the money is detained Section 26(8)
appropriate person — —
in a case where the money is held in an account maintained with a bank or building society, the bank or building society;
in any other case, the person on whose authority the money is detained Section 27(8)
appropriate person — —
in a case where the money is held in an account maintained with a bank or building society, the bank or building society;
in any other case, the person on whose authority the money is detained Section 28(9)
artistic work — a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988 Schedule 3, paragraph 2(4)
artistic work — a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988 Schedule 3, Part 4A, paragraph 10A(4)
artistic work — a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988 Section 15(4)
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 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 Schedule 3, paragraph 2(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 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 Schedule 3, Part 4A, paragraph 10H(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 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 15(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 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)
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 Schedule 4, paragraph 2(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;
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 Schedule 4, Part 4B, paragraph 10R(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;
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 16(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;
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.
A reference in subsection (9) 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 Section 26(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;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A reference in subsection (9) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits Section 27(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 28(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 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;
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.
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 Section 30(3)
Bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom Schedule 4, paragraph 2(1)
Bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom Schedule 4, Part 4B, paragraph 10R(1)
Bank — an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom Section 16(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 Section 26(8)
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 Section 27(8)
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;
“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 28(9)
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.
In sub-paragraph (3)(a) Section 30(3)
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 9(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.
In subsection (7A)—
“bet”—
in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005;
in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order);
“betting licence”—
in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005;
in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;
“gaming machine”—
in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act);
in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order).
In the application of subsection (7A) to Northern Ireland references to a right to be paid an… Section 14(2)
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.
In sub-paragraph (5)—
“bet”—
in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005;
in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order);
“betting licence”—
in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005;
in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;
“gaming machine”—
in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act);
in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order).
In the application of sub-paragraph (5) to Northern Ireland references to a right to be paid… Section 38(2)
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 12(12)
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 37(14)
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) Section 12(12)
corresponding terrorist financing offence — an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence under any of sections 15 to 18 Section 37(14)
deproscription order — an order under section 3(3)(b) or (8) of the Terrorism Act 2000 Schedule 3, paragraph 2(3)
deproscription order — an order under section 3(3)(b) or (8) of the Terrorism Act 2000 Schedule 3, Part 4A, paragraph 10L(3)
deproscription order — an order under section 3(3)(b) or (8) of the Terrorism Act 2000 Schedule 4, paragraph 2(3)
deproscription order — an order under section 3(3)(b) or (8) of the Terrorism Act 2000 Schedule 4, Part 4B, paragraph 10Z5(3)
Disclosure request — a request made for the purposes of condition 2 in section 339ZB(3) Section 11(2)
Disclosure request — a request made for the purposes of condition 2 in section 21CA(3) Section 36(4)
Document — anything in which information of any description is recorded.
“Excluded material”—
in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;
in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
A judge may, on the application of an appropriate officer, make a disclosure order if satisfied that each of the requirements for the making of the order is fulfilled.
The application must state that a person or property specified in the application is subject to a terrorist financing investigation and the order is sought for the purposes of the investigation.
A disclosure order is an order authorising an appropriate officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the terrorist financing investigation concerned—
answer questions, either at a time specified in the notice or at once, at a place so specified;
provide information specified in the notice, by a time and in a manner so specified;
produce documents, or… Schedule 2, paragraph 3
Document — anything in which information of any description is recorded.
The High Court of Justiciary may, on the application of the Lord Advocate, make a disclosure order if satisfied that each of the requirements for the making of the order is fulfilled.
The application must state that a person or property specified in the application is subject to a terrorist financing investigation and the order is sought for the purposes of the investigation.
A disclosure order is an order authorising the Lord Advocate to give to any person the Lord Advocate considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the terrorist financing investigation concerned—
answer questions, either at a time specified in the notice or at once, at a place so specified;
provide information specified in the notice, by a time and in a manner so specified;
produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
Relevant information is information (whether or not contained in a document) which the Lord Advocate considers to be relevant… Schedule 2, paragraph 4
Document — anything in which information of any description is recorded Schedule 2, Part 1, paragraph 7
Document — anything in which information of any description is recorded Schedule 2, Part 2, paragraph 18
document — anything in which information of any description is recorded Section 5(5)
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 1(7)
enforcement officer — —
a constable, or
a counter-terrorism financial investigator;
“relevant court”—
in England and Wales and Northern Ireland, means a magistrates' court, and
in Scotland, means the sheriff Schedule 4, paragraph 2(7)
enforcement officer — —
a constable, or
a counter-terrorism financial investigator;
“relevant court”—
in England and Wales and Northern Ireland, means a magistrates' court, and
in Scotland, means the sheriff Schedule 4, Part 4B, paragraph 10Q(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 under section 453;
“the minimum amount” has the meaning given by section 303Z8;
“relevant court”—
in England and Wales and Northern Ireland, means a magistrates' court, and
in Scotland, means the sheriff Section 16(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 under section 453;
“the minimum amount” has the meaning given by section 303Z8;
“relevant court”—
in England and Wales and Northern Ireland, means a magistrates' court, and
in Scotland, means the sheriff Section 303Z1(6)
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 1(8)
enforcement or investigatory proceedings — any proceedings in relation to property taken under—
Part 3 (confiscation proceedings in Scotland), or
this Chapter Section 4(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 9(6)
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 12(6)
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 terrorist financing offence has been committed Section 37(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 Schedule 3, paragraph 2(4)
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 Schedule 3, Part 4A, paragraph 10A(4)
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 15(4)
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 20(6)
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 11(8)
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 21H(5) Section 36(9)
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 15(2)
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)
fixed-value casino token — a casino token that represents a right to be paid the amount stated on it Section 14(2)
fixed-value casino token — a casino token that represents a right to be paid the amount stated on it Section 38(2)
foreign country — a country or territory outside the United Kingdom Section 12(12)
foreign country — a country or territory outside the United Kingdom Section 37(14)
foreign country — a country or territory outside the United Kingdom;
“foreign tax evasion facilitation offence” has the meaning given by section 46(6);
“foreign tax evasion offence” has the meaning given by section 46(5);
“partnership” has the meaning given by section 44(3);
“relevant body” has the meaning given by section 44(2);
“tax” includes duty and any other form of taxation (however described);
“UK tax evasion facilitation offence” has the meaning given by section 45(5) and (6);
“UK tax evasion offence” has the meaning given by section 45(4) Section 52(1)
foreign tax evasion facilitation offence — conduct which—
amounts to an offence under the law of a foreign country,
relates to the commission by another person of a foreign tax evasion offence under that law, and
would, if the foreign tax evasion offence were a UK tax evasion offence, amount to a UK tax evasion facilitation offence (see section 45(5) and (6)) Section 46(6)
foreign tax evasion offence — conduct which—
amounts to an offence under the law of a foreign country,
relates to a breach of a duty relating to a tax imposed under the law of that country, and
would be regarded by the courts of any part of the United Kingdom as amounting to being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of that tax Section 46(5)
forfeitable property — the property in relation to which the court or sheriff is satisfied as mentioned in sub-paragraph (1)(c) or (2)(c) (as the case may be) Schedule 3, paragraph 2(4)
forfeitable property — the property in relation to which the court or sheriff is satisfied as mentioned in sub-paragraph (1)(c) or (2)(c) (as the case may be) Schedule 3, Part 4A, paragraph 10H(4)
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 15(4)
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)
Further information order — an order made under section 339ZH Schedule 5, paragraph 38(15)
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 14(2)
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 38(2)
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 10(4)
investigatory order — any of the following kinds of order—
an order under section 22B (further information orders);
an order under paragraph 5 of Schedule 5 (production orders: England and Wales and Northern Ireland) that is made in connection with a terrorist investigation in relation to terrorist property;
an order under paragraph 13(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (b) of this subsection;
an order under paragraph 22 of Schedule 5 (production orders: Scotland) that is made in connection with a terrorist investigation in relation to terrorist property;
an order under paragraph 30(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (d) of this subsection;
an order under paragraph 9 of Schedule 5A (disclosure orders: England and Wales and Northern Ireland);
an order under paragraph 19 of that Schedule (disclosure orders: Scotland);
an order under paragraph 1 of Schedule 6 (financial information orders);
an order under paragraph 2 of Schedule 6A (account monitoring orders) Section 43(2)
law enforcement officer — —
a constable,
a National Crime Agency officer authorised for the purposes of this section by the Director General of that Agency,
a counter-terrorism financial investigator, or
a procurator fiscal Section 37(14)
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 Schedule 3, paragraph 2(1)
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 Schedule 3, Part 4A, paragraph 10A(1)
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 15(1)
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 29(2)
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 10(4)
NCA authorised officer — a person authorised for the purposes of this Part by the Director General of the National Crime Agency Section 11(3)
Nominated officer — a person nominated to receive disclosures under section 330 Section 11(4)
Nominated officer — a person nominated to receive disclosures under section 21A Section 36(5)
Partnership — —
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 Section 44(3)
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 1(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 another 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 4(7)
precious metal — gold, silver or platinum (whether in an unmanufactured or a manufactured state) Schedule 3, paragraph 2(4)
precious metal — gold, silver or platinum (whether in an unmanufactured or a manufactured state) Schedule 3, Part 4A, paragraph 10A(4)
precious metal — gold, silver or platinum (whether in an unmanufactured or a manufactured state) Section 15(4)
precious metal — gold, silver or platinum (whether in an unmanufactured or a manufactured state) Section 303B(4)
prevention procedures — procedures designed to prevent persons acting in the capacity of a person associated with B from committing UK tax evasion facilitation offences Section 45(3)
prevention procedures — procedures designed to prevent persons acting in the capacity of a person associated with B from committing foreign tax evasion facilitation offences under the law of the foreign country concerned Section 46(4)
primary legislation — —
an Act;
an Act of the Scottish Parliament;
a Measure or Act of the National Assembly for Wales;
Northern Ireland legislation Section 54(8)
proceedings — proceedings for an offence under section 46 Section 49(1)
pursuer — the trustee for civil recovery who is responsible by virtue of section 267(3)(ba) of the Proceeds of Crime Act 2002 for enforcing the decree Schedule 5, paragraph 93(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 2(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 5(11)
Relevant body — a body corporate or partnership (wherever incorporated or formed) Section 44(2)
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 10(4)
relevant disclosure — any disclosure made in compliance, or intended compliance, with section 339ZB Section 11(5)
relevant disclosure — any disclosure made in compliance, or intended compliance, with section 21CA Section 36(5)
relevant Minister — the Secretary of State or the Minister for the Cabinet Office Section 9(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.
This section applies to proceedings on an application under section 336A.
The court must determine the proceedings as soon as reasonably practicable.
The court may exclude from any part of the hearing—
an interested person;
anyone representing that person.
The person who made the application may apply to the court for an order that specified information upon which he or she intends to rely be withheld from—
an interested person;
anyone representing that person.
The court may make such an order only if satisfied that there are reasonable grounds to believe that if the specified information were disclosed—
evidence of an offence would be interfered with or harmed,
the gathering of information about the possible commission of an offence would be interfered with,
a person would be interfered with or physically injured,
the recovery of property under this Act would be hindered, or
national security would be put at risk.
The court… Section 10(4)
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 under section 453 Section 15(9)
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 under section 453 Section 303C(9)
relevant person — —
in the case of an application to a magistrates' court, 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
in the case of an application to the sheriff, a procurator fiscal Section 12(12)
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);
a search and seizure warrant issued under section 352 Section 23(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);
a search and seizure warrant issued under section 352; or
a search and seizure warrant issued under section 387 Section 25(3)
relevant power — a power exercisable under Schedule 5 (terrorist investigations: information) or Part 1 of Schedule 5A (terrorist financing investigations in England and Wales and Northern Ireland: disclosure orders).
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—
the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months;
the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month Section 42(1)
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.
In the case of an application to the Crown Court Section 10(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 26(8)
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 27(8)
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 28(9)
relevant territory — any of the Channel Islands, the Isle of Man or any British overseas territory Section 9(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 11(5)
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 3A Section 36(6)
Required disclosure — a disclosure that is made—
to a constable in connection with a suspicion that a person is involved in the commission of a terrorist financing offence, and
for the purposes of avoiding the commission of an offence under section 21A by virtue of not satisfying the third condition in subsection (4) of that section Section 36(7)
Required notification — a notification made for the purposes of condition 3 in section 339ZB(4) Section 11(7)
Required notification — a notification made for the purposes of condition 3 in section 21CA(4) Section 36(8)
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 20(6)
senior law enforcement officer — —
a police officer of at least the rank of superintendent;
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 Section 37(14)
senior officer — —
in relation to an application made by a constable or a counter-terrorism financial investigator, a senior police officer;
in relation to an application made by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
in relation to an application made by an immigration officer, such an officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer Schedule 3, paragraph 2(9)
senior officer — —
in relation to an application made by a constable or a counter-terrorism financial investigator, a senior police officer;
in relation to an application made by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
in relation to an application made by an immigration officer, such an officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer Schedule 3, Part 4A, paragraph 10G(9)
senior officer — a police officer of at least the rank of superintendent Schedule 4, paragraph 2(7)
senior officer — a police officer of at least the rank of superintendent Schedule 4, Part 4B, paragraph 10Q(7)
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 under section 453.
In the case of an application to the sheriff Section 10(4)
senior officer — —
a senior police officer;
an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer Section 38(4)
senior officer — —
a senior police officer;
an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer Section 5A(10)
senior police officer — a police officer of at least the rank of superintendent Schedule 3, paragraph 2(10)
senior police officer — a police officer of at least the rank of superintendent Schedule 3, Part 4A, paragraph 10G(10)
senior police officer — a police officer of at least the rank of inspector Section 16(5)
senior police officer — a police officer of at least the rank of inspector Section 303Z2(5)
senior police officer — a police officer of at least the rank of superintendent.
This paragraph applies if a cash forfeiture notice is given in respect of any cash.
The cash is to be detained until—
the cash is forfeited under this paragraph,
the notice lapses under this paragraph, or
the cash is released under a power conferred by this Schedule.
If no objection is made within the period for objecting specified in the notice under paragraph 5A(4)(d), and the notice has not lapsed, the cash is forfeited (subject to paragraph 5D).
If an objection is made within the period for objecting, the notice lapses.
If an application is made for the forfeiture of the whole or any part of the cash under paragraph 6, the notice lapses.
If the cash or any part of it is released under a power conferred by this Schedule, the notice lapses or (as the case may be) lapses in relation to that part.
An objection may be made by anyone (whether a recipient of the notice or not).
An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address.
An objection does not prevent forfeiture of the cash under paragraph 6.
Nothing in this paragraph affects the… Section 38(4)
senior police officer — a police officer of at least the rank of superintendent Section 5A(10)
SFO officer — a member of staff of the Serious Fraud Office Schedule 1, paragraph 26
subordinate legislation — —
subordinate legislation within the meaning of the Interpretation Act 1978;
an instrument made under an Act of the Scottish Parliament;
an instrument made under a Measure or Act of the National Assembly for Wales;
an instrument made under Northern Ireland legislation;
“transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998 Section 54(8)
tax — a tax imposed under the law of any part of the United Kingdom, including national insurance contributions under—
Part 1 of the Social Security Contributions and Benefits Act 1992, or
Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 Section 45(7)
Terrorist financing offence — an offence under any of sections 15 to 18 Section 36(10)
the appropriate period — —
in the case of a decree for removing from heritable property of the type mentioned in paragraph (l) of section 214(2), 28 days,
in the case of a decree for removing from heritable property of the type mentioned in any other paragraph of that section, 14 days Schedule 5, paragraph 92(1A)
The court — —
in relation to England and Wales or Northern Ireland, the Crown Court;
in relation to Scotland, the sheriff Section 10(4)
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 11(5)
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 36(5)
UK tax evasion facilitation offence — an offence under the law of any part of the United Kingdom consisting of—
being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax by another person,
aiding, abetting, counselling or procuring the commission of a UK tax evasion offence, or
being involved art and part in the commission of an offence consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax Section 45(5)
UK tax evasion offence — —
an offence of cheating the public revenue, or
an offence under the law of any part of the United Kingdom consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of a tax Section 45(4)
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 10(4)