Section 362A: Unexplained wealth orders, Proceeds of Crime Act 2002

The High Court may, on an application made by an enforcement authority, make an unexplained wealth order in respect of any property if the court is satisfied that each of the requirements for the making of the order is fulfilled.

An application for an order must—

specify or describe the property in respect of which the order is sought, and

specify the person whom the enforcement authority thinks holds the property ("the respondent") (and the person specified may include a person outside the United Kingdom).

In a case where the respondent is not an individual, the application may also specify a person who is a responsible officer of the respondent (and a person specified may include a person outside the United Kingdom).

An unexplained wealth order is an order requiring the respondent or any responsible officer specified in the order (a "specified responsible officer") to provide a statement—

setting out the nature and extent of the respondent's interest in the property in respect of which the order is made,

explaining how the respondent obtained the property (including, in particular, how any costs incurred in obtaining it were met),

where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and

setting out such other information in connection with the property as may be so specified.

The order must specify—

the form and manner in which the statement is to be given,

the person to whom it is to be given, and

the place at which it is to be given or, if it is to be given in writing, the address to which it is to be sent.

The order may, in connection with requiring the respondent or any specified responsible officer to provide the statement mentioned in subsection (3), also require them to produce documents of a kind specified or described in the order.

The respondent or any specified responsible officer must comply with the requirements imposed by an unexplained wealth order within whatever period the court may specify (and different periods may be specified in relation to different requirements).

In this Chapter "enforcement authority" means—

the National Crime Agency,

Her Majesty's Revenue and Customs,

the Financial Conduct Authority,

the Director of the Serious Fraud Office, or

the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland).

For the purposes of this Chapter, each of the following is a "responsible officer" of the respondent (in a case where the respondent is not an individual)—

any director of the respondent, including any person occupying the position of a director, by whatever name called;

any member of a body of the respondent equivalent to a board of directors;

any other manager, secretary or similar officer of the respondent;

where the respondent is a partnership, a partner or a member of the partnership;

any person in accordance with whose directions or instructions the board of directors or equivalent body of the respondent are accustomed to act.

Section 362A: Unexplained wealth orders

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