- a relevant authority
means—
- account forfeiture notice
(in Chapter 3B) has the meaning given by section 303Z9(3), • “account freezing order” (in Chapter 3B) account forfeiture notice ” (in Chapter 3B) has the meaning given by section 303Z1(3)(a), • “associated property” (in Chapter 2) has the meaning given by section 245, • “bank” (in Chapter 3B) has the meaning given by section 303Z7, • “building society” (in Chapter 3B) has the meaning given by section 303Z1(6), • “cash” has the meaning given by section 289(6) or (7), • “constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), • “country” includes territory, • “the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A, 3B, 3C, 3D, 3E and 3F) means the High Court or (in relation to proceedings in Scotland) the Court of Session, • “cryptoasset” has the meaning given by section 303Z20;
- accused
means a person against whom proceedings for an offence have been instituted (whether or not he has been convicted);
- applicable maximum amount
means the maximum amount of compensation (if any) that a compensation order made against the defendant in respect of the offence (or offences) concerned could have required the defendant to pay;
- appropriate chief clerk
has the same meaning as in section 202(7);
- appropriate clerk of court
means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);
- appropriate designated officer
means the designated officer for the magistrates' court which, by virtue of section 35, is responsible for enforcing the confiscation order as if it were a fine.
- appropriate officer
has the same meaning as in section 41A.
- appropriate person
means— (a) in a case where the money is held in an account maintained with a relevant financial institution, the relevant financial institution;
- artistic work
means a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988;
- associated property
means property of any of the following descriptions that is not itself the forfeitable property—
- auction platform
means a platform on which auctions of emissions allowances are held in accordance with the Emission Allowance Auctioning Regulation.
- authorised deposit-taker
means—
- authorised government department
includes a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947 (c. 44) and the Scottish Administration.
- authorised NCA officer
means a National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this section;
- authorised person
means an NCA officer authorised by the Director General of the NCA for the purposes of this section.
- bank
means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;
- beneficial ownership information
means information in relation to the beneficial ownership of persons incorporated in a part of the United Kingdom or (as the case may be) in a relevant territory;
- Beneficiaries
includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.
- betting receipt
means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.
- building society
has the same meaning as in the Building Societies Act 1986;
- Business relationship
means a business, professional or commercial relationship between a person carrying on business in the regulated sector and a customer or client, where the relationship—
- cash
has the meaning given by section 289(6) or (7), • “constable”, in relation to Northern Ireland, means a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), • “country” includes territory, • “the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A, 3B, 3C, 3D, 3E and 3F) means the High Court or (in relation to proceedings in Scotland) the Court of Session, • “cryptoasset” has the meaning given by section 303Z20;
- child of the family
includes any child or grandchild of either the relevant person or his or her spouse or former spouse, and any person who has been treated by either the relevant person or his or her spouse or former spouse as if he or she were a child of the relevant person, spouse or former spouse, whatever the age of such a child, grandchild or person may be;
- clerk of court
includes the sheriff clerk;
- company
includes a limited liability partnership which may be wound up under the 1986 Act.
- compensatable loss
means personal injury, loss or damage of a kind in respect of which a compensation order could have been made;
- compensation order
means an order under— (a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000, or (b) Chapter 2 of Part 7 of the Sentencing Code.
- compliance order
means an order made under section 13A.
- Concession
includes any practice, interpretation or other statement in the nature of a concession.
- confiscation investigation
has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(1);”
- confiscation order
means an order under section 92;
- contract of long-term insurance
means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).
- corresponding disclosure requirement
means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;
- corresponding law
has the same meaning as in the Misuse of Drugs Act 1971.”
- corresponding money laundering offence
means an offence under the law of the foreign country concerned that would, if done in the United Kingdom, constitute an offence specified in paragraph (a), (b) or (c) of section 340(11);
- country
includes territory, • “the court” (except in sections 253(2) and (3) and 262(2) and (3) and Chapters 3, 3A, 3B, 3C, 3D, 3E and 3F) means the High Court or (in relation to proceedings in Scotland) the Court of Session, • “cryptoasset” has the meaning given by section 303Z20;
- credit institution
has the same meaning as in Schedule 9;
- criminal investigation
means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence;
- crypto wallet
means— which is used to store the cryptographic private key that allows cryptoassets to be accessed.
- crypto wallet freezing order
has the same meaning as in Chapter 3D (see section 303Z36);
- cryptoasset
includes a right to, or interest in, a cryptoasset.
- cryptoasset exchange provider
means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— (a) exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets;
- cryptoasset service provider
includes cryptoasset exchange provider and custodian wallet provider.
- Cryptoasset-related item
has the meaning given in section 195C(5B).
- custodian wallet provider
means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—
- customer due diligence duties
means all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures).
- Deposit-taking body
means—
- Disclosure request
means a request made for the purposes of condition 2 in section 339ZB(3).
- document
means anything in which information of any description is recorded.
- dwellinghouse
has the meaning given by section 11(8) of the Homelessness etc.
- electronic money institution
has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);
- enforcement authority
means—
- enforcement officer
has the meaning given by section 303Z20;
- enforcement or investigatory proceedings
means any proceedings in relation to property taken under—
- Evidence
includes documents, information in any other form and material.
- excepted joint owner
has the meaning given by section 270(4), • “interest”, in relation to land— (a) in the case of land in England and Wales or Northern Ireland, means any legal estate and any equitable interest or power, (b) in the case of land in Scotland, means any estate, interest, servitude or other heritable right in or over land, including a heritable security, • “interest”, in relation to property other than land, includes any right (including a right to possession of the property), • “interim administration order” has the meaning given by section 256(2), • “interim receiving order” has the meaning given by section 246(2), • “justice of the peace”, in relation to Northern Ireland, means lay magistrate;
- exchange of notes
means written documentation signed on behalf of the government of the United Kingdom and the government of a relevant territory setting out details of the agreement reached in respect of the arrangements for the matters mentioned in subsection (5)(a) and (b);
- exempt property
has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held);
- external request
means a request made by an authority of a foreign country which has responsibility in that country for carrying out investigations into whether a corresponding money laundering offence has been committed.
- face-value voucher
means a voucher in physical form that represents a right to receive goods or services to the value of an amount stated on it.
- Financial Conduct Authority officer
means a member of staff of the Financial Conduct Authority;
- financial institution
means an undertaking that carries on a business in the regulated sector by virtue of any of paragraphs (b) to (i) of paragraph 1(1) of that Schedule;
- Financial year
means—
- firm
means any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association.
- fixed-value casino token
means a casino token that represents a right to be paid the amount stated on it;
- floating charge
includes a floating charge within the meaning of section 462 of the Companies Act 1985 (c. 6).
- foreign country
means a country or territory outside the United Kingdom;
- foreign FIU
means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);
- forfeitable property
means the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(b) or (2)(b) (as the case may be).
- freeport
means a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979.
- gaming voucher
means a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it;
- Government department
includes a Northern Ireland department.
- group
has the same meaning as in Directive 2002/87/ EC of the European Parliament and of the Council of 16 th December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate.
- high value dealer
means a person mentioned in paragraph 1(1)(q) when carrying on the activities mentioned in that paragraph.
- Information order
means an order made under section 339ZH.
- Interested person
means—
- interim administration order
has the meaning given by section 256(2), • “interim receiving order” has the meaning given by section 246(2), • “justice of the peace”, in relation to Northern Ireland, means lay magistrate;
- interim receiving order
has the meaning given by section 246(2), • “justice of the peace”, in relation to Northern Ireland, means lay magistrate;
- land
includes part of a building and part of any other structure.
- legal privilege
means protection in legal proceedings from disclosure, by virtue of any rule of law relating to the confidentiality of communications;
- letting agency work
means work—
- listed asset
(in Chapter 3A) has the meaning given by section 303B, • “the minimum amount” (in Chapter 3) has the meaning given by section 303, • “the minimum amount” (in Chapter 3B) has the meaning given by section 303Z8 • “the minimum value” (in Chapter 3A) has the meaning given by section 303Y, • “part”, in relation to property, includes a portion, • “payment institution” (in Chapter 3B) has the meaning given by section 303Z1(6), • “PPO receiver” has the meaning given by section 255G(2);
- local authority
means a council constituted under section 2 of the Local Government etc.
- money
means— but does not include a cryptoasset.
- money laundering offence
means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.”
- Moratorium period
means the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C.
- Nominated officer
means a person nominated to receive disclosures under section 330.
- off-the-shelf firm
means a firm that either—
- part
includes portion.
- payment institution
means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));
- person acting as an insolvency practitioner
includes the official receiver acting as receiver or manager of the property concerned.
- politically exposed person
means a person who is—
- precious metal
means gold, silver or platinum (whether in an unmanufactured or a manufactured state);
- preferential debt
has the meaning given by section 386 of the Insolvency Act 1986 (c. 45).
- Preferential debts
has the meaning given by section 386 of the Insolvency Act 1986 (c. 45).
- preferred debt
has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016;
- premises
has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60), • “prohibitory property order” has the meaning given by section 255A(2);
- prescribed
means prescribed by regulations made by the Secretary of State.
- priority order
means any of the following—
- privileged information
means information which a person would be entitled to refuse to provide—
- prohibited act
has the meaning given by section 335(8) or (as the case may be) section 336(10);
- prohibitory property order
has the meaning given by section 255A(2);
- proper person
means— (a) a constable, in relation to a confiscation investigation or a money laundering investigation;
- property freezing order
has the meaning given by section 245A(2);
- property obtained through unlawful conduct
has the meaning given by section 242, • “recoverable property” is to be read in accordance with sections 304 to 310, • “recovery order” means an order made under section 266, • “relevant court” has the meaning given by section 303Z1(6), • “relevant financial institution” (in Chapter 3B) has the meaning given by section 303Z1(6), • “relevant officer” (in Chapter 3A) has the meaning given by section 303C(9), • “respondent” means— (a) where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought, (b) where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings, • “senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4), • “share”, in relation to an excepted joint owner, has the meaning given by section 270(4), • “unlawful conduct” has the meaning given by section 241, • “value” means market value.
- recovery order
means an order made under section 266, • “relevant court” has the meaning given by section 303Z1(6), • “relevant financial institution” (in Chapter 3B) has the meaning given by section 303Z1(6), • “relevant officer” (in Chapter 3A) has the meaning given by section 303C(9), • “respondent” means— (a) where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought, (b) where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings, • “senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4), • “share”, in relation to an excepted joint owner, has the meaning given by section 270(4), • “unlawful conduct” has the meaning given by section 241, • “value” means market value.
- Registration of Deeds Acts
has the meaning given by section 46(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
- regulated market
has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).
- relevant action
means any of the following—
- relevant application
means an application for— (a) a restraint order under section 120, (b) a prohibitory property order under section 255A, or (c) an interim administration order under section 256;
- relevant authority
has the meaning given by section 2A(2).
- relevant consent
means in relation to the disposal of any right or interest in a family home— (a) in a case where the family home is occupied by the spouse or former spouse of the relevant person, the consent of the spouse or, as the case may be, of the former spouse, whether or not the family home is also occupied by the relevant person;
- relevant court
means— (a) in England and Wales and Northern Ireland, a magistrates’ court, and (b) in Scotland, the sheriff;
- relevant Director
has the meaning given by section 352(5A).
- Relevant disclosure
means—
- relevant financial institution
means a bank, a building society, an electronic money institution or a payment institution;
- relevant information
means—
- relevant Minister
means the Secretary of State or the Minister for the Cabinet Office;
- relevant nationality enactment
means any enactment in— (a) the British Nationality Act 1981, (b) the Hong Kong Act 1985, (c) the Hong Kong (War Wives and Widows) Act 1996, (d) the British Nationality (Hong Kong) Act 1997, (e) the British Overseas Territories Act 2002, or (f) an instrument made under any of those Acts.
- Relevant offence
means—
- relevant officer
(in Chapter 3A) has the meaning given by section 303C(9), • “respondent” means— (a) where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought, (b) where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings, • “senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4), • “share”, in relation to an excepted joint owner, has the meaning given by section 270(4), • “unlawful conduct” has the meaning given by section 241, • “value” means market value.
- relevant order
means—
- relevant person
means— (a) in the case of an application to a magistrates' court, the Director General of the National Crime Agency or any authorised NCA officer, or (b) in the case of an application to the sheriff, a procurator fiscal.
- relevant power
means a power exercisable under any of the following—
- relevant professional adviser
has the meaning given by section 333E(5).
- Relevant property
means any property that would be the subject of the prohibited act (within the meaning of section 335(8) or (as the case may be) section 336(10)) in relation to which the moratorium period in question applies.
- relevant realisable property
has the same meaning as in section 40.
- relevant seizure power
means a power to seize money conferred by or by virtue of— (a) a warrant granted under any enactment or rule of law, or (b) any enactment, or rule of law, under which the authority of a warrant is not required.
- relevant territory
means any of the Channel Islands, the Isle of Man or any British overseas territory.
- Relevant undertaking
means any of the following—
- Required disclosure
has the same meaning as in section 330(5) or (as the case may be) section 331(5).
- Required notification
means a notification made for the purposes of condition 3 in section 339ZB(4).
- respondent
means— (a) where proceedings are brought by the enforcement authority by virtue of Chapter 2, the person against whom the proceedings are brought, (b) where no such proceedings have been brought but the enforcement authority has applied for a property freezing order, an interim receiving order, a prohibitory property order or an interim administration order, the person against whom he intends to bring such proceedings, • “senior officer” (in Chapter 3B) has the meaning given by section 303Z2(4), • “share”, in relation to an excepted joint owner, has the meaning given by section 270(4), • “unlawful conduct” has the meaning given by section 241, • “value” means market value.
- response period
has the meaning given by section 396C(4).
- restraint order
means an order under section 120.
- safe deposit box
includes any procedure under which a financial institution provides a facility to hold items for safe keeping on behalf of another person.
- self-employed earner
has the meaning given by section 2(1)(b) of the Social Security Contributions and Benefits Act 1992 (c. 4);
- senior Financial Conduct Authority officer
means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.
- senior officer
has the meaning given in section 127G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).
- senior police officer
means a police officer of at least the rank of inspector.
- Settlement
has the meaning given by section 620 of the Income Tax (Trading and Other Income) Act 2005.
- the Allowances Act 2001
means the Capital Allowances Act 2001 (c. 2), and “ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005.
- the applicable enactment
means whichever enactment mentioned in paragraphs (b) to (d) is relevant to the resolution, arrangement, order or trust deed mentioned in subsection (3).
- the Capital Requirements Regulation
means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms;
- The court
means—
- the criminal intelligence function
has the meaning given by section 1(5) of the Crime and Courts Act 2013;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the Department of Justice
means the Department of Justice in Northern Ireland;
- the Emission Allowance Auctioning Regulation
means Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;
- the Markets in Financial Instruments Directive
means directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments. • “the Solvency 2 Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II);
- the minimum amount
(in Chapter 3) has the meaning given by section 303, • “the minimum amount” (in Chapter 3B) has the meaning given by section 303Z8 • “the minimum value” (in Chapter 3A) has the meaning given by section 303Y, • “part”, in relation to property, includes a portion, • “payment institution” (in Chapter 3B) has the meaning given by section 303Z1(6), • “PPO receiver” has the meaning given by section 255G(2);
- the minimum value
(in Chapter 3A) has the meaning given by section 303Y, • “part”, in relation to property, includes a portion, • “payment institution” (in Chapter 3B) has the meaning given by section 303Z1(6), • “PPO receiver” has the meaning given by section 255G(2);
- the Procedure Act
means the Criminal Procedure (Scotland) Act 1995 (c. 46);
- the prosecutor
means a person who is to have conduct of any proceedings for the offence.
- the relevant cryptoassets
means—
- the relevant date
means the date on which the first order under section 303Z30 or 303Z32 (as the case may be) was made in relation to the cryptoassets.
- The relevant part of the United Kingdom
means—
- the relevant person
means—
- the Solvency 2 Directive
means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II);
- The Taxes Act 1988
means the Income and Corporation Taxes Act 1988 (c. 1), and “the Allowances Act 2001” means the Capital Allowances Act 2001 (c. 2), and “ITTOIA 2005” means the Income Tax (Trading and Other Income) Act 2005.
- The unlawful conduct
means—
- unlawful conduct
has the meaning given by section 241, • “value” means market value.
- value
means market value.
- wasted costs
means any costs incurred by a party—
- work of art
means anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods), is a work of art for the purposes of section 21(5)(a) of that Act.
- working day
means a day other than—