(a) the property freezing conditions are met in relation to
property,

(b) the property is not property to which a recovery order
applies, and

(c) 5an enforcement authority believes that the property is in a
country outside the United Kingdom (the receiving country).

(2) The property freezing conditions are—

(a) in England and Wales and Northern Ireland, the conditions
in section 245A(5) and (6), and

(b) 10in Scotland, the conditions in section 255A(5) and (6),

and, for the purposes of this subsection, the references in those
provisions to property to which the application for the order relates
are to be read as references to the property mentioned in subsection
(1)(a).

(3) 15The enforcement authority may send a request for assistance in
relation to the property to the Secretary of State with a view to it
being forwarded under this section.

(4) The Secretary of State may forward the request for assistance to the
government of the receiving country.

(5) 20A request for assistance under this section is a request to the
government of the receiving country—

(a) to secure that any person is prohibited from dealing with the
property;

(b) for assistance in connection with the management of the
25property, including with securing its detention, custody or
preservation.

282C Enforcement abroad before recovery order: receiver or administrator

(1) This section applies if—

(a) a property freezing order has effect in relation to property,
30and

(b) the receiver appointed under section 245E in respect of the
property believes that it is in a country outside the United
Kingdom (the receiving country).

(2) This section also applies if—

(a) 35an interim receiving order or interim administration order
has effect in relation to property, and

(b) the interim receiver or interim administrator believes that the
property is in a country outside the United Kingdom (the
receiving country).

(3) 40The receiver or administrator may send a request for assistance in
relation to the property to the Secretary of State with a view to it
being forwarded under this section.

(4) The Secretary of State must forward the request for assistance to the
government of the receiving country.

(5) 45A request for assistance under this section is a request to the
government of the receiving country—

(a) to secure that any person is prohibited from dealing with the
property;

(b) for assistance in connection with the management of the
property, including with securing its detention, custody or
5preservation.

282D Evidence overseas: interim receiver or interim administrator

(1) This section applies if—

(a) an interim receiving order or interim administration order
has effect in relation to property, and

(b) 10the order requires the interim receiver or interim
administrator to take steps to establish a matter described in
section 247(2)(a) or (b) or 257(2)(a) or (b).

(2) The interim receiver or interim administrator may request assistance
under this section if the interim receiver or interim administrator
15thinks that there is relevant evidence in a country outside the United
Kingdom.

(3) A judge of the High Court may request assistance under this section
if—

(a) an application is made by the interim receiver or by a person
20subject to investigation by the interim receiver, and

(b) the judge thinks that there is relevant evidence in a country
outside the United Kingdom.

(4) A judge of the Court of Session may request assistance under this
section if—

(a) 25an application is made by the interim administrator or by a
person subject to investigation by the interim administrator,
and

(b) the judge thinks that there is relevant evidence in a country
outside the United Kingdom.

(5) 30The assistance that may be requested under this section is assistance
in obtaining outside the United Kingdom relevant evidence specified
in the request.

(6) Relevant evidence is—

(a) in relation to an application or request made for the purposes
35of an investigation by an interim receiver, evidence as to a
matter described in section 247(2)(a) or (b);

(b) in relation to an application or request made for the purposes
of an investigation by an interim administrator, evidence as
to a matter described in section 257(2)(a) or (b).

(7) 40A request for assistance under this section may be sent—

(a) to a court or tribunal which is specified in the request and
which exercises jurisdiction in the place where the evidence
is to be obtained,

(b) to the government of the country concerned, or

(c) 45to an authority recognised by the government of the country
concerned as the appropriate authority for receiving requests
for assistance of that kind.

(8) Alternatively, a request for assistance under this section may be sent
to the Secretary of State with a view to it being forwarded to a court,
tribunal, government or authority mentioned in subsection (7).

(9) The Secretary of State must forward the request for assistance to the
5court, tribunal, government or authority.

(10) In a case of urgency, a request for assistance under this section may
be sent to—

(a) the International Criminal Police Organisation, or

(b) any person competent to receive it under any provisions
10adopted under the EU Treaties,

for forwarding to the court, tribunal, government or authority
mentioned in subsection (7).

(11) Rules of court may make provision as to the practice and procedure
to be followed in connection with proceedings relating to requests
15for assistance made by a judge under this section.

(12) “Evidence” includes documents, information in any other form and
material.

282E Evidence overseas: restrictions on use

(1) This section applies to evidence obtained by means of a request for
20assistance under section 282D.

(2) The evidence must not be used for any purpose other than—

(a) for the purposes of carrying out the functions of the interim
receiver or interim administrator, or

(b) for the purposes of proceedings under this Chapter of this
25Part in respect of property described in subsection (3) or any
proceedings arising out of such proceedings.

(3) That property is—

(a) the property that is the subject of the interim receiving order
or interim administration order, or

(b) 30other property that is recoverable property in respect of the
same unlawful conduct.

(4) Subsection (2) does not apply if the court, tribunal, government or
authority to whom the request for assistance was sent consents to the
use.

(5) 35In Scotland, the evidence may be received in evidence without being
sworn to by anyone, so far as that may be done without unfairness to
any party.

282F Enforcement abroad: after recovery order

(1) This section applies if—

(a) 40a recovery order has effect in relation to property, and

(b) the enforcement authority or the trustee for civil recovery
believes that the property is in a country outside the United
Kingdom (the receiving country).

(2) The enforcement authority or trustee for civil recovery may send a
request for assistance in relation to the property to the Secretary of
State with a view to it being forwarded under this section.

(3) The Secretary of State may forward a request for assistance from the
5enforcement authority to the government of the receiving country.

(4) The Secretary of State must forward a request for assistance from the
trustee for civil recovery to the government of the receiving country.

(5) A request for assistance is a request to the government of the
receiving country for assistance in connection with the management
10and disposal of the property and includes a request—

(a) to secure the detention, custody or preservation of the
property;

(b) in the case of money, to secure that it is applied in accordance
with the law of the receiving country;

(c) 15in the case of property other than money, to secure that the
property is realised and the proceeds are applied in
accordance with the law of the receiving country.

(6) A certificate purporting to be issued by or on behalf of the
government of the receiving country is admissible as evidence of the
20facts it states if it states—

(a) that property has been realised in pursuance of a request
under this section,

(b) the date of realisation, and

(c) the proceeds of realisation.”

Section 34

25SCHEDULE 18 Proceeds of crime: investigations

Part 1 Civil recovery investigations

1 Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as
30follows.

Meaning of “civil recovery investigation”

2 In section 341 (investigations), for subsections (2) and (3) substitute—

“(2) For the purposes of this Part a civil recovery investigation is an
investigation for the purpose of identifying recoverable property or
35associated property and includes investigation into—

(a) whether property is or has been recoverable property or
associated property,

(b) who holds or has held property,

(c) what property a person holds or has held, or

(d) 40the nature, extent or whereabouts of property.

(3) But an investigation is not a civil recovery investigation to the extent
that it relates to—

(a) property in respect of which proceedings for a recovery order
have been started,

(b) 5property to which an interim receiving order applies,

(c) property to which an interim administration order applies, or

(d) property detained under section 295.”

3 After that section insert—

“341A Orders and warrants sought for civil recovery investigations

10 Where an application under this Part for an order or warrant
specifies property that is subject to a civil recovery investigation,
references in this Part to the investigation for the purposes of which
the order or warrant is sought include investigation into—

(a) whether a person who appears to hold or to have held the
15specified property holds or has held other property,

(b) whether the other property is or has been recoverable
property or associated property, and

(c) the nature, extent or whereabouts of the other property.”

Production orders: England and Wales and Northern Ireland

4 20In section 345 (production orders), in subsection (2)(a), after “confiscation
investigation” insert “, a civil recovery investigation”.

5 In section 346 (requirements for making of production order), in subsection
(2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) 25the person the application for the order specifies as
being subject to the investigation holds recoverable
property or associated property,

(ii) that person has, at any time, held property that was
recoverable property or associated property at the
30time, or

(iii) the property the application for the order specifies as
being subject to the investigation is recoverable
property or associated property;”.

Search and seizure warrants: England and Wales and Northern Ireland

6 35In section 352 (search and seizure warrants), in subsection (2)(a), after
“confiscation investigation” insert “, a civil recovery investigation”.

7 (1) Section 353 (requirements where production order not available) is
amended as follows.

(2) In subsection (2), for paragraph (b) substitute—

“(b) 40in the case of a civil recovery investigation—

(i) the person specified in the application for the warrant
holds recoverable property or associated property,

(ii) that person has, at any time, held property that was
recoverable property or associated property at the
45time, or

(iii) the property specified in the application for the
warrant is recoverable property or associated
property;”.

(3) In subsection (7), for paragraph (a) substitute—

“(a) 5relates to the person or property specified in the application
or to any of the questions listed in subsection (7ZA), and”.

(4) After that subsection insert—

“(7ZA) Those questions are—

(a) where a person is specified in the application, any question as
10to—

(i) what property the person holds or has held,

(ii) whether the property is or has been recoverable
property or associated property, or

(iii) the nature, extent or whereabouts of the property,
15and

(b) where property is specified in the application, any question
as to—

(i) whether the property is or has been recoverable
property or associated property,

(ii) 20who holds it or has held it,

(iii) whether a person who appears to hold or to have held
it holds or has held other property,

(iv) whether the other property is or has been recoverable
property or associated property, or

(v) 25the nature, extent or whereabouts of the specified
property or the other property.”

Disclosure orders: England and Wales and Northern Ireland

8 In section 357 (disclosure orders), in subsection (3)(b), at the beginning insert
“a person specified in the application or”.

9 30In section 358 (requirements for making of disclosure order), in subsection
(2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) the person specified in the application for the order
holds recoverable property or associated property,

(ii) 35that person has, at any time, held property that was
recoverable property or associated property at the
time, or

(iii) the property specified in the application for the order
is recoverable property or associated property;”.

40Customer information orders: England and Wales and Northern Ireland

10 In section 363 (customer information orders), in subsection (2)—

(a) after “confiscation investigation” insert “, a civil recovery
investigation”, and

(b) omit paragraph (b) (and the “or” before it).

11 45In section 365 (requirements for making of customer information order), for

subsection (3) substitute—

“(3A) In the case of a civil recovery investigation, there must be reasonable
grounds for suspecting that the person specified in the application—

(a) holds recoverable property or associated property, or

(b) 5has, at any time, held property that was recoverable property
or associated property at the time.”

Account monitoring orders: England and Wales and Northern Ireland

12 In section 370 (account monitoring orders), in subsection (2)—

(a) after “confiscation investigation” insert “, a civil recovery
10investigation”, and

(b) omit paragraph (b) (and the “or” before it).

13 In section 371 (requirements for making of account monitoring order), for
subsection (3) substitute—

“(3A) In the case of a civil recovery investigation, there must be reasonable
15grounds for suspecting that the person specified in the application
holds recoverable property or associated property.”

Production orders: Scotland

14 (1) Section 380 (production orders) is amended as follows.

(2) In subsection (2), omit “property subject to”.

(3) 20In subsection (3)(a), after “confiscation investigation” insert “, a civil
recovery investigation”.

15 (1) In section 381 (requirements for making of production order), in subsection
(2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) 25the person the application for the order specifies as
being subject to the investigation holds recoverable
property or associated property,

(ii) that person has, at any time, held property that was
recoverable property or associated property at the
30time, or

(iii) the property the application for the order specifies as
being subject to the investigation is recoverable
property or associated property;”.

Search warrants: Scotland

16 (1) 35Section 387 (search warrants) is amended as follows.

(2) In subsection (2), omit “property subject to”.

(3) In subsection (3)(a), after “confiscation investigation” insert “, a civil
recovery investigation”.

17 (1) Section 388 (requirements where production order not available) is
40amended as follows.

(2) In subsection (2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) the person specified in the application for the warrant
holds recoverable property or associated property,

(ii) 5that person has, at any time, held property that was
recoverable property or associated property at the
time, or

(iii) the property specified in the application for the
warrant is recoverable property or associated
10property;”.

(3) In subsection (7), for paragraph (a) substitute—

“(a) relates to the person or property specified in the application
or to any of the questions listed in subsection (7ZA), and”.

(4) After that subsection insert—

“(7ZA) 15Those questions are—

(a) where a person is specified in the application, any question as
to—

(i) what property the person holds or has held,

(ii) whether the property is or has been recoverable
20property or associated property, or

(iii) the nature, extent or whereabouts of the property,
and

(b) where property is specified in the application, any question
as to—

(i) 25whether the property is or has been recoverable
property or associated property,

(ii) who holds it or has held it,

(iii) whether a person who appears to hold or to have held
it holds or has held other property,

(iv) 30whether the other property is or has been recoverable
property or associated property, or

(v) the nature, extent or whereabouts of the specified
property or the other property.”

Disclosure orders: Scotland

18 35In section 391 (disclosure orders), in subsection (3)(b), at the beginning insert
“a person specified in the application or”.

19 In section 392 (requirements for making of disclosure order), in subsection
(2), for paragraph (b) substitute—

“(b) in the case of a civil recovery investigation—

(i) 40the person specified in the application for the order
holds recoverable property or associated property,

(ii) that person has, at any time, held property that was
recoverable property or associated property at the
time, or

(iii) 45the property specified in the application for the order
is recoverable property or associated property;”.

Customer information orders: Scotland

20 (1) Section 397 (customer information orders) is amended as follows.

(2) In subsection (2), omit “property subject to”.

(3) In subsection (3)—

(a) 5after “confiscation investigation” insert “, a civil recovery
investigation”, and

(b) omit paragraph (b) (and the “or” before it).

21 In section 399 (requirements for making of customer information order), for
subsection (3) substitute—

“(3A) 10In the case of a civil recovery investigation, there must be reasonable
grounds for suspecting that the person specified in the application—

(a) holds recoverable property or associated property, or

(b) has, at any time, held property that was recoverable property
or associated property at the time.”

15Account monitoring orders: Scotland

22 (1) Section 404 (account monitoring orders) is amended as follows.

(2) In subsection (2), omit “property subject to”.

(3) In subsection (3)—

(a) after “confiscation investigation” insert “, a civil recovery
20investigation”, and

(b) omit paragraph (b) (and the “or” before it).

23 In section 405 (requirements for making of account monitoring order), for
subsection (3) substitute—

“(3A) In the case of a civil recovery investigation, there must be reasonable
25grounds for suspecting that the person specified in the application
holds recoverable property or associated property.”

Part 2 Evidence overseas

24 Part 8 of the Proceeds of Crime Act 2002 (investigations) is amended as
30follows.

25 In section 341(3A) (definition of detained cash investigation)—

(a) after “investigation is” insert “an investigation for the purposes of
Chapter 3 of Part 5 into—”, and

(b) in paragraphs (a) and (b), omit “an investigation for the purposes of
35Chapter 3 of Part 5 into”.

26 In Chapter 2 (England and Wales and Northern Ireland), after section 375

and the heading “Evidence overseas” insert—

“375A Evidence overseas

(1) This section applies if a person or property is subject to a civil
recovery investigation, a detained cash investigation or an
5exploitation proceeds investigation.

(2) A judge may request assistance under this section if—

(a) an application is made by an appropriate officer or a person
subject to the investigation, and

(b) the judge thinks that there is relevant evidence in a country
10or territory outside the United Kingdom.

(3) The relevant Director or a senior appropriate officer may request
assistance under this section if the Director or officer thinks that there
is relevant evidence in a country or territory outside the United
Kingdom.

(4) 15The assistance that may be requested under this section is assistance
in obtaining outside the United Kingdom relevant evidence specified
in the request.

(5) Relevant evidence is—

(a) in relation to an application or request made for the purposes
20of a civil recovery investigation, evidence relevant for the
purpose of identifying recoverable property or associated
property, including evidence as to a matter described in
section 341(2)(a) to (d);

(b) in relation to an application or request made for the purposes
25of a detained cash investigation, evidence as to a matter
described in section 341(3A)(a) or (b);

(c) in relation to an application or request made for the purposes
of an exploitation proceeds investigation, evidence as to a
matter described in section 341(5)(a) to (d).

(6) 30A request for assistance under this section may be sent—

(a) to a court or tribunal which is specified in the request and
which exercises jurisdiction in the place where the evidence
is to be obtained,

(b) to the government of the country or territory concerned, or

(c) 35to an authority recognised by the government of the country
or territory concerned as the appropriate authority for
receiving requests for assistance of that kind.

(7) Alternatively, a request for assistance under this section may be sent
to the Secretary of State with a view to it being forwarded to a court,
40tribunal, government or authority mentioned in subsection (6).

(8) The Secretary of State must forward the request for assistance to the
court, tribunal, government or authority.

(9) In a case of urgency, a request for assistance under this section may
be sent to—

(a) 45the International Criminal Police Organisation, or

(b) any person competent to receive it under any provisions
adopted under the EU Treaties,