- Enforced by
- HMRC, FCA, FSA, SRA, LSB, Forestry Commission, Home Office
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 14 of 98 obligations carry an unlimited fine. 15 carry different penalties and 69 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 45 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Landlord — also bound by 224 other Acts
Employee — also bound by 189 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Introductory
0 of 8 sections shown8 other sections in this Part — procedural and definitional
Confiscation: England and Wales
9 of 121 sections shown- Pay confiscation orders immediately unless an extension is grantedAny Person
- Pay interest on late confiscation order paymentsAny Person
Other duties (1) — Crown / regulator
- Courts must restrict specific financial orders during postponement periodsTribunal / Court
Other duties (1) — Crown / regulator
- Crown Court must recalculate confiscation amounts upon applicationTribunal / Court
Other duties (1) — Crown / regulator
- Prosecutor must provide statement of information to the courtCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Appointed person must report annually on asset seizure powersCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Courts must accept hearsay evidence in property detention proceedingsTribunal / Court
- Enforcement receivers must apply seized funds in a specific orderDirector or Officer
Other duties (1) — Crown / regulator
- Courts and officers must follow priority rules when distributing seized fundsTribunal / Court
112 other sections in this Part — procedural and definitional
Confiscation: Scotland
88 of 99 sections shownOther duties (1) — Crown / regulator
- Courts must prioritise confiscation and compensation orders over other finesTribunal / Court
Other duties (1) — Crown / regulator
- Prosecutor must provide a statement of information in confiscation proceedingsStatutory regulator
- Respond to a court statement regarding proceeds of crimeAny Person
Other duties (1) — Crown / regulator
- Courts must recalculate available assets for confiscation if requestedTribunal / Court
Other duties (1) — Crown / regulator
- Courts may reduce confiscation orders if assets are insufficientTribunal / Court
Other duties (1) — Crown / regulator
- Courts must review and may reduce confiscation order amountsTribunal / Court
amended 10 times
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Law enforcement must report search and seizure actions to a Ministerial appointeeStatutory regulator
amended 1 time
Other duties (1) — Crown / regulator
- Appointed person must report annually on use of search and seizure powersStatutory regulator
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Courts must order transfer of property between administratorsTribunal / Court
- Enforcement administrator must distribute seized funds and proceeds of crimeDirector or Officer
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 7 times
amended 4 times
amended 3 times
11 other sections in this Part — procedural and definitional
Confiscation: Northern Ireland
120 of 120 sections shownamended 2 times
- Pay confiscation orders immediately unless an extension is grantedAny Person
- Pay interest on overdue confiscation order paymentsAny Person
14 years imprisonment · amended 5 times (opens in a new tab)
amended 8 times
amended 8 times
Other duties (1) — Crown / regulator
- Courts must restrict financial sentencing during postponement periodsTribunal / Court
Other duties (1) — Crown / regulator
- Prosecutor must provide a statement of information in confiscation proceedingsStatutory regulator
amended 4 times
Other duties (1) — Crown / regulator
- Crown Court must recalculate confiscation amounts upon applicationTribunal / Court
Other duties (1) — Crown / regulator
- Crown Court must recalculate and may reduce confiscation orders if funds are inadequateTribunal / Court
amended 4 times
Other duties (1) — Crown / regulator
- Prosecutor must provide statement of information to courtCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Crown Court must review and potentially reduce confiscation ordersTribunal / Court
Other duties (1) — Crown / regulator
- Court of Appeal must determine confiscation order appealsTribunal / Court
Other duties (1) — Crown / regulator
- Supreme Court must determine appeals regarding confiscation ordersTribunal / Court
amended 8 times
amended 5 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
Other duties (1) — Crown / regulator
- Appropriate officers must report on searches and seizures without warrantsStatutory regulator
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
Other duties (1) — Crown / regulator
- Courts must accept hearsay evidence in property detention proceedingsTribunal / Court
amended 2 times
amended 2 times
amended 2 times
amended 2 times
- Enforcement receivers must apply seized funds in a specific orderDirector or Officer
- Do not forfeit a tenancy subject to a restraint order without High Court permissionLandlord
- Do not forfeit a tenancy by re-entry when a receiver is appointedLandlord
amended 29 times
amended 29 times
amended 29 times
amended 29 times
Other duties (1) — Crown / regulator
- Appropriate officer must process and distribute proceeds of seized propertyStatutory regulator
amended 29 times
amended 29 times
amended 29 times
amended 5 times
amended 3 times
Civil recovery of the proceeds etc. of unlawful conduct
201 of 208 sections shownamended 4 times
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Court may grant exclusions from property freezing orders for business expensesTribunal / Court
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
- Comply with interim receiving orders regarding property and documentsAny Person
Unlimited fine · amended 1 time (opens in a new tab)
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Courts must remove non-recoverable property from interim ordersTribunal / Court
Other duties (1) — Crown / regulator
- Trustee for civil recovery must secure and liquidate seized propertyStatutory regulator
amended 1 time
amended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 4 times
amended 2 times
amended 2 times
amended 1 time
Other duties (1) — Crown / regulator
- Secretary of State must issue a Code of Practice for financial investigationsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Scottish Ministers must create and publish a code of practice for police powersCrown / Minister / Government department
amended 2 times
Other duties (1) — Crown / regulator
- Courts must approve and review the detention of seized cashTribunal / Court
Other duties (1) — Crown / regulator
- Senior officers may issue forfeiture notices for detained cashStatutory regulator
amended 3 times
Other duties (1) — Crown / regulator
- Regulators must provide specific information in cash forfeiture noticesStatutory regulator
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
Other duties (1) — Crown / regulator
- Courts must transfer forfeited cash to the Consolidated FundTribunal / Court
amended 16 times
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Relevant officers must ensure testing and safekeeping of seized propertyStatutory regulator
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Relevant officer must sell or realise forfeited propertyStatutory regulator
amended 1 time
Other duties (1) — Crown / regulator
- Authorities must follow specific order of payment for seized property proceedsStatutory regulator
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
- Financial institution must transfer forfeited money to nominated accountAny Person
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
- Transfer forfeited money from frozen account to enforcement officer's nominated accountAny Person
amended 1 time
amended 10 times
7 other sections in this Part — procedural and definitional
Revenue Functions
10 of 10 sections shownOther duties (1) — Crown / regulator
- NCA may assess tax on unexplained income without identifying its sourceStatutory regulator
Money Laundering
36 of 36 sections shown- Conceal, convert, transfer or remove criminal propertyAny Person
- Conceal or handle criminal propertyAny Person
- Facilitate acquisition of criminal propertyAny Person
- Facilitate acquisition, retention, use or control of criminal propertyAny Person
- Acquire, use or possess criminal propertyAny Person
Unlimited fine · amended 9 times (opens in a new tab)
- Fail to disclose money‑laundering information in a regulated sectorAny Person
- Fail to report suspected money launderingAny Person
Unlimited fine · amended 22 times (opens in a new tab)
- Fail to disclose money‑laundering information as a nominated officerDirector or Officer
Unlimited fine · amended 9 times (opens in a new tab)
- Disclose information that could prejudice a criminal investigation (regulated sector)Any Person
- Disclose information to prejudice money laundering investigationAny Person
Unlimited fine · amended 2 times
amended 2 times
amended 2 times
amended 2 times
amended 2 times
- Engage in money laundering or related financial offencesAny Person
- Offence under sections 327‑329 of the POCAAny Person
14 years imprisonment · amended 3 times (opens in a new tab)
- Nominated officer must not give consent to prohibited act without NCA disclosure and responseEmployee
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 3 times
Other duties (1) — Crown / regulator
- Police and Customs must forward money laundering disclosures to the NCAStatutory regulator
amended 3 times
amended 3 times
Other duties (1) — Crown / regulator
- NCA must include specific details in money laundering disclosure requestsStatutory regulator
amended 3 times
amended 3 times
- Report to the NCA if a joint money laundering disclosure report is not madeAny Person
2 years imprisonment · amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
Investigations
136 of 136 sections shownamended 24 times
- Disclose or destroy evidence to prejudice a confiscation or money‑laundering investigationAny Person
- Prejudice a Proceeds of Crime investigationAny Person
5 years imprisonment · amended 9 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Government departments must comply with and transfer production ordersCrown / Minister / Government department
- Assault or obstruct officer executing Proceeds of Crime search warrantAny Person
- Assault or obstruct officers executing a search warrantAny Person
51 weeks imprisonment · amended 17 times
- Fail to comply with a disclosure order or give false informationAny Person
- Fail to comply with disclosure order or make false statementAny Person
Unlimited fine · amended 11 times (opens in a new tab)
- Comply with an Unexplained Wealth Order (UWO)Any Person
Unlimited fine · amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
Other duties (1) — Crown / regulator
- Tribunal must consider living and business expenses when freezing assetsTribunal / Court
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
amended 10 times
- Provide customer information when required by a court orderAny Person
- Fail to comply with customer information order or give false infoAny Person
Unlimited fine · amended 5 times (opens in a new tab)
- Financial institutions must provide account information under a monitoring orderAny Person
amended 10 times
amended 10 times
amended 10 times
Other duties (1) — Crown / regulator
- Attorney General must publish and maintain a code of practice for investigationsCrown / Minister / Government department
amended 16 times
amended 16 times
amended 16 times
- Fail to comply with a disclosure orderAny Person
- Fail to comply with disclosure order or provide false informationAny Person
Unlimited fine · amended 11 times (opens in a new tab)
- Respond to an Unexplained Wealth Order (UWO)Any Person
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
- Provide false information under an unexplained wealth orderAny Person
Unlimited fine · amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
amended 3 times
- Provide customer information when served with a customer information orderAny Person
- Fail to comply with or give false info under customer information orderAny Person
Unlimited fine · amended 5 times (opens in a new tab)
- Financial institutions must provide account information under court orderAny Person
amended 1 time
amended 1 time
amended 1 time
Other duties (1) — Crown / regulator
- Scottish Ministers must produce and publish a Code of PracticeCrown / Minister / Government department
amended 8 times
Insolvency
18 of 18 sections shownInformation
9 of 9 sections shownamended 2 times
Co-operation
6 of 6 sections shownamended 8 times
Miscellaneous and general
15 of 20 sections shownamended 20 times
- Assault or obstruct an accredited financial investigatorAny Person
Unlimited fine · amended 4 times
amended 4 times
- Obstruct an immigration officerAny Person
12 months imprisonment · amended 4 times
5 other sections in this Part — procedural and definitional
Schedules
8 of 171 shown- Commit a lifestyle offence (e.g., drug trafficking, money laundering)Any Person
Unlimited fine
- Supply, produce or import controlled drugsAny Person
- Attempt or conspire to commit money laundering or drug trafficking offencesAny Person
- Act as unlicensed gangmasterAny Person
- Deposit waste or operate regulated facility without environmental permitAny Person
Other duties (1) — Crown / regulator
- New administrator must give written notice of appointment to person subject to orderCrown / Minister / Government department
- Produce, supply or import psychoactive substancesAny Person
Unlimited fine
- Act as a gangmaster without a licenceAny Person
163 other schedules
20 other provisions
Help complying
Guvnor’s practical routes through this instrument.
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Export controlled goods and dual-use items
Compliance-critical guidance for exporting military items, dual-use technology, or goods subject to sanctions - with penalties up to 10 years imprisonment
Start a financial services business
Launch an FCA-regulated financial services business with proper authorisation
Ongoing compliance for law firms
Learning path for maintaining regulatory compliance at an authorised law firm: annual renewal cycle, COLP and COFA reporting, client account management, AML …
Start a law firm in England and Wales
End-to-end learning path for setting up a law firm: choosing entity type, SRA authorisation, appointing COLP and COFA, professional indemnity insurance, client …
Anti-money laundering compliance for law firms
How to meet anti-money laundering obligations as a solicitor or law firm in England and Wales. Covers the firm-wide risk assessment, client …
Legal professional privilege and SAR reporting: when the exemption applies
When legal professional privilege exempts solicitors from suspicious activity reporting obligations and when it does not. Covers the POCA 2002 s.330(6) privilege …
3 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.