The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2017

Amendments to Part 2 of the Investigations Order

This section has no associated Explanatory Memorandum

3.  After article 12 (Scottish account monitoring orders) insert—

Northern Ireland further information orders

12A.(1) This article applies where a Northern Ireland further information order is made in respect of a person in England and Wales.

(2) The further information order may be served—

(a)by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b)personally by 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,

and any rules of court (other than rules of court made by virtue of section 339ZK(5) of the Act) as to the service of documents or other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.

Scottish further information orders

12B.(1) This article applies where a Scottish further information order is made in respect of a person in England and Wales.

(2) The further information order may be served—

(a)by sending it by post, facsimile transmission or electronic mail to the respondent; or

(b)personally by 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 by a constable of a police force in Scotland,

and the Summary Jurisdiction (Process) Act 1881(1), any rules of court as to the service of documents (other than rules of court made by virtue of section 339ZK(5) of the Act) and any other requirements in law as to the service of documents do not apply.

(3) Section 339ZI of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland.

Scottish moratorium extension orders

12C.(1) This article applies where a Scottish moratorium extension order is made in respect of a person in England and Wales.

(2) The moratorium extension order may be served—

(a)by sending it by post, facsimile transmission or electronic mail to each interested person(2); or

(b)personally by an English or Welsh senior officer, or by a constable of a police force in Scotland,

and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents and any other requirements in law as to the service of documents do not apply..

(2)

“Interested person” is defined in section 336D(3) of the Proceeds of Crime Act 2002, which was inserted by section 10 of the Criminal Finances Act 2017.