Criminal Finances Bill (HL Bill 104)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately as HL Bill 104—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Williams of Trafford has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Criminal Finances Bill are compatible with the Convention rights.

Contents

  1. Part 1

    Proceeds of crime

    1. Chapter 1

      Investigations

      1. Unexplained wealth orders: England and Wales and Northern Ireland

        1. 1. Unexplained wealth orders: England and Wales and Northern Ireland

        2. 2. Interim freezing orders

        3. 3. External assistance

      2. Unexplained wealth orders: Scotland

        1. 4. Unexplained wealth orders: Scotland

        2. 5. Interim freezing orders

        3. 6. External assistance

      3. Disclosure orders

        1. 7. Disclosure orders: England and Wales and Northern Ireland

        2. 8. Disclosure orders: Scotland

    2. Chapter 2

      Money laundering

      1. 9. Power to extend moratorium period

      2. 10. Sharing of information within the regulated sector

      3. 11. Further information notices and orders

    3. Chapter 3

      Civil Recovery

      1. Meaning of “unlawful conduct": gross human rights abuses or violations

        1. 12. Unlawful conduct: gross human rights abuses or violations

      2. Forfeiture

        1. 13. Forfeiture of cash

        2. 14. Forfeiture of certain personal (or moveable) property

        3. 15. Forfeiture of money held in bank and building society accounts

    4. Chapter 4

      Enforcement powers and related offences

      1. Extension of powers

        1. 16. Serious Fraud Office

        2. 17. Her Majesty’s Revenue and Customs: removal of restrictions

        3. 18. Her Majesty’s Revenue and Customs: new powers

        4. 19. Financial Conduct Authority

        5. 20. Immigration officers

      2. Assault and obstruction offences

        1. 21. Search and seizure warrants: assault and obstruction offences

        2. 22. Assault and obstruction offence in relation to SFO officers

        3. 23. External requests, orders and investigations

    5. 24. Obstruction offence in relation to immigration officers

    6. Chapter 5

      Miscellaneous

      1. Seized money: England and Wales and Northern Ireland

        1. 25. Seized money: England and Wales

        2. 26. Seized money: Northern Ireland

      2. Miscellaneous provisions relating to Scotland

        1. 27. Seized money

        2. 28. Recovery orders relating to heritable property

        3. 29. Money received by administrators

      3. Other miscellaneous provisions

        1. 30. Accredited financial investigators

        2. 31. Confiscation investigations: determination of the available amount

        3. 32. Confiscation orders and civil recovery: minor amendments

  2. Part 2

    Terrorist property

    1. Disclosures of information

      1. 33. Disclosure orders

      2. 34. Sharing of information within the regulated sector

      3. 35. Further information notices and orders

    2. Civil recovery

      1. 36. Forfeiture of terrorist cash

      2. 37. Forfeiture of certain personal (or moveable) property

      3. 38. Forfeiture of money held in bank and building society accounts

    3. Counter-terrorism financial investigators

      1. 39. Extension of powers to financial investigators

      2. 40. Offences in relation to counter-terrorism financial investigators

  3. Part 3

    Corporate offences of failure to prevent facilitation of tax evasion

    1. Preliminary

      1. 41. Meaning of relevant body and acting in the capacity of an associated person

    2. Failure of relevant bodies to prevent tax evasion facilitation offences by associated persons

      1. 42. Failure to prevent facilitation of UK tax evasion offences

      2. 43. Failure to prevent facilitation of foreign tax evasion offences

    3. Guidance about prevention procedures

      1. 44. Guidance about preventing facilitation of tax evasion offences

    4. Offences: general and supplementary provision

      1. 45. Offences: extra-territorial application and jurisdiction

      2. 46. Consent to prosecution under section 43

      3. 47. Offences by partnerships: supplementary

    5. Consequential amendments and interpretation

      1. 48. Consequential amendments

      2. 49. Interpretation of Part 3

  4. Part 4

    General

    1. 50. Minor and consequential amendments

    2. 51. Power to make consequential provision

    3. 52. Section 51: procedural requirements

    4. 53. Financial provision

    5. 54. Extent

    6. 55. Commencement

    7. 56. Short title

    1. Schedule 1

      Powers of members of staff of Serious Fraud Office

    2. Schedule 2

      Disclosure orders

    3. Schedule 3

      Forfeiture of certain personal (or moveable) property

    4. Schedule 4

      Forfeiture of money held in bank and building society
      accounts

    5. Schedule 5

      Minor and consequential amendments