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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 No. 425 URL: http://www.bailii.org/uk/legis/num_reg/2003/20030425.html |
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| Made | 27th February 2003 | ||
| Laid before Parliament | 11th March 2003 | ||
| Coming into force | 1st April 2003 |
| 1. | Title and commencement |
| 2. | Interpretation |
| 3. | Northern Ireland production orders |
| 4. | Scottish production orders |
| 5. | Northern Ireland search and seizure warrants |
| 6. | Scottish search warrants |
| 7. | Northern Ireland disclosure orders |
| 8. | Scottish disclosure orders |
| 9. | Northern Ireland customer information orders |
| 10. | Scottish customer information orders |
| 11. | Northern Ireland account monitoring orders |
| 12. | Scottish account monitoring orders |
| 13. | English or Welsh production orders |
| 14. | Scottish production orders |
| 15. | English or Welsh search and seizure warrants |
| 16. | Scottish search warrants |
| 17. | English or Welsh disclosure orders |
| 18. | Scottish disclosure orders |
| 19. | English or Welsh customer information orders |
| 20. | Scottish customer information orders |
| 21. | English or Welsh account monitoring orders |
| 22. | Scottish account monitoring orders |
| 23. | English or Welsh production orders |
| 24. | Northern Ireland production orders |
| 25. | English or Welsh search and seizure warrants |
| 26. | Northern Ireland search and seizure warrants |
| 27. | English or Welsh disclosure orders |
| 28. | Northern Ireland disclosure orders |
| 29. | English or Welsh customer information orders |
| 30. | Northern Ireland customer information orders |
| 31. | English or Welsh account monitoring orders |
| 32. | Northern Ireland account monitoring orders |
| 33. | Applications for discharge and variation and Code of Practice |
| 34. | Amendment of Civil Jurisdiction and Judgments Act 1982 |
(b) in relation to a money laundering investigation -
(b) in relation to a money laundering investigation -
references to a constable of a police force in Scotland[5] include references to a customs officer.
(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "an appropriate officer" in each place where it occurs, there is substituted, "whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies".
(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.
(6) Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.
(7) Section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular -
Scottish production orders
4.
- (1) This article applies where -
(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served -
and the Summary Jurisdiction (Process) Act 1881[6], any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.
(3) Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "a proper person" in each place where it occurs, there is substituted "whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.
(6) Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.
(7) Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular -
Northern Ireland search and seizure warrants
5.
- (1) This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in England and Wales.
(2) Section 352(4) of the Act (definition of a search and seizure warrant) has effect with the modification that for "an appropriate person", there is substituted "one or more appropriate persons, as the warrant specifies".
(3) Section 352(5) of the Act (definition of an appropriate person) has effect with the modifications in paragraph (4).
(4) The modifications are that for paragraphs (a) and (b), there are substituted -
(5) Section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.
(6) Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in England and Wales.
(7) Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.
(8) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989[7] (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in England and Wales.
(9) Section 20 of the Police and Criminal Evidence Act 1984[8] (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of the Police Service of Northern Ireland or a customs officer exercising functions by virtue of paragraphs (2) to (4).
(10) Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.
(11) Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) do not apply.
Scottish search warrants
6.
- (1) This article applies where a Scottish search warrant authorises entry into and search of premises in England and Wales.
(2) Section 387(4) of the Act (definition of search warrant) has effect with the modification that for "a proper person", there is substituted "a constable of a police force in England and Wales, a constable of a police force in Scotland or both acting together, as the warrant specifies".
(3) Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.
(4) Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.
(5) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in England and Wales.
(6) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).
(7) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.
(8) Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) do not apply.
(9) The Summary Jurisdiction (Process) Act 1881 does not apply.
Northern Ireland disclosure orders
7.
- (1) Paragraphs (2) to (4) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to -
(2) Proceedings for an offence under section 359 of the Act may be brought in England and Wales.
(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
(4) Section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order.
(5) Paragraph (6) applies where the Director gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to -
(6) Proceedings for an offence under section 359 may be brought in England and Wales, as well as in Northern Ireland.
Scottish disclosure orders
8.
- (1) Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to -
(2) Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order.
(3) Section 394 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).
(4) The modifications are that in subsection (2) -
(5) Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order, with the modification that for "the Director", in each place where it occurs, there is substituted "the Lord Advocate".
(6) Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to -
(7) Section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.
(8) Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in England and Wales for an offence under section 359(1) or (3).
Northern Ireland customer information orders
9.
- (1) This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in England and Wales to provide customer information.
(2) Proceedings for an offence under section 366 of the Act may be brought in England and Wales, as well as in Northern Ireland.
(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
(4) Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.
Scottish customer information orders
10.
- (1) This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in England and Wales to provide customer information.
(2) Section 366 of the Act (offences) applies as if the order were an English or Welsh customer information order, as well as section 400 of the Act (offences).
(3) Section 401 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after "section 400(1) or (3)", there is inserted "or an offence under section 366(1) or (3)".
(4) Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.
Northern Ireland account monitoring orders
11.
- (1) This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in England and Wales.
(2) The account monitoring order may be served -
and any rules of court (other than rules of court made by virtue of section 446 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 370(6) of the Act (definition of account monitoring order) has effect with the modification that for "an appropriate officer", there is substituted, "whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and Northern Ireland appropriate officer acting together the order specifies".
(4) The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.
(5) Section 372 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
(6) Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.
Scottish account monitoring orders
12.
- (1) This article applies where a Scottish account monitoring order is made in respect of a financial institution in England and Wales.
(2) The account monitoring order may be served -
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.
(3) Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for "the proper person", there is substituted "whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(4) The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.
(5) Section 406 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland.
(6) Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.
(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "an appropriate officer" in each place where it occurs, there is substituted, "whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies".
(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.
(6) Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.
(7) Section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular -
Scottish production orders
14.
- (1) This article applies where -
(2) Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served -
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.
(3) Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "a proper person" in each place where it occurs, there is substituted "whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(5) The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.
(6) Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.
(7) Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular -
English or Welsh search and seizure warrants
15.
- (1) This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Northern Ireland.
(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for "an appropriate person", there is substituted "one or more appropriate persons, as the warrant specifies".
(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
(4) The modifications are that for paragraphs (a) and (b), there are substituted -
(5) Section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.
(6) Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) does not apply to the execution of the warrant in Northern Ireland.
(7) Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.
(8) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Northern Ireland.
(9) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in England and Wales or customs officer exercising functions by virtue of paragraphs (2) to (4).
(10) Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) have effect as if the warrant had been executed in England and Wales.
(11) Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.
Scottish search warrants
16.
- (1) This article applies where a Scottish search warrant authorises entry into and search of premises in Northern Ireland.
(2) Section 387(4) of the Act (definition of search warrant) has effect with the modification that for "a proper person", there is substituted "a constable of the Police Service of Northern Ireland, a constable of a police force in Scotland or both acting together, as the warrant specifies".
(3) Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.
(4) Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.
(5) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in Northern Ireland.
(6) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).
(7) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.
(8) Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.
(9) The Summary Jurisdiction (Process) Act 1881 does not apply.
English or Welsh disclosure orders
17.
- (1) Paragraphs (2) to (4) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to -
(2) Proceedings for an offence under section 359 of the Act may be brought in Northern Ireland.
(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
(4) Section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order.
(5) Paragraph (6) applies where the Director gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to -
(6) Proceedings for an offence under section 359 may be brought in Northern Ireland, as well as in England and Wales.
Scottish disclosure orders
18.
- (1) Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to -
(2) Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order.
(3) Section 394 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).
(4) The modifications are that in subsection (2) -
(5) Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order, with the modification that for "the Director", in each place where it occurs, there is substituted "the Lord Advocate".
(6) Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to -
(7) Section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.
(8) Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Northern Ireland for an offence under section 359(1) or (3).
English or Welsh customer information orders
19.
- (1) This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Northern Ireland to provide customer information.
(2) Proceedings for an offence under section 366 of the Act may be brought in Northern Ireland, as well as in England and Wales.
(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
(4) Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.
Scottish customer information orders
20.
- (1) This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in Northern Ireland to provide customer information.
(2) Section 366 of the Act (offences) applies as if the order were a Northern Ireland customer information order, as well as section 400 of the Act (offences).
(3) Section 401 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after "section 400(1) or (3)", there is inserted "or an offence under section 366(1) or (3)".
(4) Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.
English or Welsh account monitoring orders
21.
- (1) This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Northern Ireland.
(2) The account monitoring order may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for "an appropriate officer", there is substituted, "whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies".
(4) The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.
(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
(6) Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.
Scottish account monitoring orders
22.
- (1) This article applies where a Scottish account monitoring order is made in respect of a financial institution in Northern Ireland.
(2) The account monitoring order may be served -
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.
(3) Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for "the proper person", there is substituted "whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(4) The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.
(5) Section 406 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland.
(6) Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.
(2) The production order or the order to grant entry, as the case may be, may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "an appropriate officer" in each place where it occurs, there is substituted, "whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(5) The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
(6) Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.
(7) Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.
Northern Ireland production orders
24.
- (1) This article applies where -
(2) The production order or the order to grant entry, as the case may be, may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
(4) The modifications are that for "an appropriate officer" in each place where it occurs, there is substituted, "whichever of a constable of a police force in Scotland, a Northern Ireland appropriate officer or a constable of a police force in Scotland and a Northern Ireland appropriate officer acting together the order specifies".
(5) The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
(6) Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.
(7) Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.
English or Welsh search and seizure warrants
25.
- (1) This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Scotland.
(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for "an appropriate person", there is substituted "one or more appropriate persons, as the warrant specifies".
(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
(4) The modifications are that for paragraphs (a) and (b), there are substituted -
(5) Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.
(6) Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) does not apply to the execution of the warrant in Scotland.
(7) Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.
(8) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.
(9) Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) have effect as if the warrant had been executed in England and Wales.
(10) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.
Northern Ireland search and seizure warrants
26.
- (1) This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in Scotland.
(2) Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for "an appropriate person", there is substituted "one or more appropriate persons, as the warrant specifies".
(3) Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
(4) The modifications are that for paragraphs (a) and (b), there are substituted -
(5) Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.
(6) Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in Scotland.
(7) Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.
(8) Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.
(9) Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.
(10) Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.
English or Welsh disclosure orders
27.
- (1) Paragraphs (2) to (5) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Scotland to -
(2) Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.
(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modifications in paragraph (4).
(4) The modifications are that in subsection (2) -
(5) Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for "the Lord Advocate", in each place where it occurs, there is substituted "the Director".
(6) Paragraphs (7) and (8) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Scotland to -
(7) Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.
(8) Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).
Northern Ireland disclosure orders
28.
- (1) Paragraphs (2) to (5) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to -
(2) Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.
(3) Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modifications in paragraph (4).
(4) The modifications are that in subsection (2) -
(5) Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for "the Lord Advocate", in each place where it occurs, there is substituted "the Director".
(6) Paragraphs (7) and (8) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to -
(7) Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.
(8) Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).
English or Welsh customer information orders
29.
- (1) This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Scotland to provide customer information.
(2) Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).
(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modification that in paragraph (b) of subsection (2), after "section 366(1) or (3)", there is inserted "or an offence under section 400(1) or (3)".
(4) Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.
Northern Ireland customer information orders
30.
- (1) This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in Scotland to provide customer information.
(2) Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).
(3) Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modification that in paragraph (b) of subsection (2), after "section 366(1) or (3)", there is inserted "or an offence under section 400(1) or (3)".
(4) Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.
English or Welsh account monitoring orders
31.
- (1) This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Scotland.
(2) The account monitoring order may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for "an appropriate officer", there is substituted, "whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(4) The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales.
(6) Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.
Northern Ireland account monitoring orders
32.
- (1) This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in Scotland.
(2) The account monitoring order may be served -
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
(3) Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for "an appropriate officer", there is substituted, "whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies".
(4) The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
(5) Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland.
(6) Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.
and the Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act does not apply in such circumstances.
(4) The Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act applies to any act done in Scotland in respect of the order or warrant by -
and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act does not apply in such circumstances.
A. K. Galloway
Clerk of the Privy Council
[2] Police force has the meaning given to it in section 101 of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30), as amended by Schedule 7 to the Police Act 1996.back
[3] Police Service of Northern Ireland has the meaning given to it in the Police (Northern Ireland) Act 2000 (c. 32), by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30), as amended by Section 78 of and Schedule 6 to the Police (Northern Ireland) Act 2000.back
[5] Police force has the meaning given to it in sections 50 and 51(4) of the Police (Scotland) Act 1967 (c. 77), by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).back
[6] 1881 c. 24 (44 & 45 Vict.).back
[7] S.I. 1989/1341 (N.I. 12).back
[10] S.I. 1979/1714 (N.I. 19).back
[11] 1982 c. 27. Section 18 was amended by section 235 of and Schedules 8 and 10 to the Insolvency Act 1985 (c. 65), section 439 of and Schedule 14 to the Insolvency Act 1986 (c. 45), section 39(4) of the Drug Trafficking Offences Act 1986 (c. 32), section 45(3) of the Criminal Justice (Scotland) Act 1987 (c. 41), section 170 of and Schedule 15 to the Criminal Justice Act 1988 (c. 33), section 116 of and Schedule 16 to the Courts and Legal Services Act 1990 (c. 41), section 24(10) of the Criminal Justice Act 1993 (c. 36), section 65 of and Schedule 1 to the Drug Trafficking Act 1994 (c. 37), section 117 of and Schedule 6 to the Criminal Justice (Scotland) Act 1995 (c. 20), sections 4 and 5 of and Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), section 66 of and Schedule 8 to the Family Law Act 1996 (c. 27) and Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).back
| © Crown copyright 2003 | Prepared 11 March 2003 |
