- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)After section 120 insert—
(1)A restraint order may include provision authorising the detention of any property to which it applies if the property—
(a)is seized by an appropriate officer under a relevant seizure power, or
(b)is produced to an appropriate officer in compliance with a production order under section 380.
(2)Provision under subsection (1) may, in particular—
(a)relate to specified property, to property of a specified description or to all property to which the restraint order applies;
(b)relate to property that has already been seized or produced or to property that may be seized or produced in future.
(3)“Appropriate officer” means—
(a)a constable;
(b)an officer of Revenue and Customs;
(c)a member of staff of SOCA.
(4)“Relevant seizure power” means a power to seize property conferred by or by virtue of—
(a)section 127C or 387,
(b)a warrant granted under any other enactment or any rule of law, or
(c)any other enactment, or any rule of law, under which the authority of a warrant is not required.”
(3)After section 122 insert—
(1)This section applies where—
(a)a restraint order includes provision under section 120A authorising the detention of property, and
(b)the restraint order is recalled under section 121(7).
(2)This section also applies where—
(a)a restraint order includes provision under section 120A authorising the detention of property, and
(b)the restraint order is varied under section 121(7) so as to omit any such provision.
(3)The property may be detained until there is no further possibility of an appeal against (or review of)—
(a)the decision to recall or vary the restraint order, or
(b)any decision made on an appeal against (or review of) that decision.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: