House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

42

282E
Evidence overseas: restrictions on use

(1)
This section applies to evidence obtained by means of a request

for assistance 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

Part 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)
other 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)
In 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)
a recovery order made by the High Court in England and

Wales or the Court of Session 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 enforcement 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 and 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;

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(c)
in 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 facts 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.”
135
Insert the following new Schedule—

“Proceeds of crime: investigations

Part 1

Civil recovery investigations

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

follows.

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 associated 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)
the 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)
property 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


                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

specified property holds or has held other property,

44

(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
In 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)
the 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 time, 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
In 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)
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)
that 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

property;”.

      (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)
Those questions are—

(a)
where a person is specified in the application, any

question as to—

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

45

(ii)
whether the property is or has been recoverable

property 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)
whether 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)
whether 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: 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
In 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)
that 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;”.

Customer 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
In 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)
has, at any time, held property that was recoverable

property or associated property at the time.”

46

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

investigation”, 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 grounds 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)
In 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)
the 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 time, 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)
Section 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

amended 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,

47

(ii)
that 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

property;”.

      (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)
Those 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

property 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)
whether 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)
whether 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
In 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)
the 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)
the property specified in the application for the

order is recoverable property or associated

property;”.

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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)
after “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)
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)
has, at any time, held property that was recoverable

property or associated property at the time.”

Account 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

investigation”, 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 grounds 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

follows.

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 Chapter 3 of Part 5 into”.

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

375 and the heading “Evidence overseas” insert—



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