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Serious Crime Act 2007

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This is the original version (as it was originally enacted).

5Type of provision that may be made by orders

This section has no associated Explanatory Notes

(1)This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order.

(2)Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales or (as the case may be) Northern Ireland.

(3)Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

(a)an individual’s financial, property or business dealings or holdings;

(b)an individual’s working arrangements;

(c)the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates;

(d)the premises to which an individual has access;

(e)the use of any premises or item by an individual;

(f)an individual’s travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise).

(4)Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—

(a)financial, property or business dealings or holdings of such persons;

(b)the types of agreements to which such persons may be a party;

(c)the provision of goods or services by such persons;

(d)the premises to which such persons have access;

(e)the use of any premises or item by such persons;

(f)the employment of staff by such persons.

(5)Examples of requirements that may be imposed on any persons by serious crime prevention orders include—

(a)a requirement on a person to answer questions, or provide information, specified or described in an order—

(i)at a time, within a period or at a frequency;

(ii)at a place;

(iii)in a form and manner; and

(iv)to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order;

(b)a requirement on a person to produce documents specified or described in an order—

(i)at a time, within a period or at a frequency;

(ii)at a place;

(iii)in a manner; and

(iv)to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order.

(6)The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual’s private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).

(7)In this Part—

  • “document” means anything in which information of any description is recorded (whether or not in legible form);

  • “a law enforcement officer” means—

    (a)

    a constable;

    (b)

    a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 (c. 15);

    (c)

    an officer of Revenue and Customs; or

    (d)

    a member of the Serious Fraud Office; and

  • “premises” includes any land, vehicle, vessel, aircraft or hovercraft.

(8)Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

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