Section 336: Nominated officer: consent, Proceeds of Crime Act 2002

A nominated officer must not give the appropriate consent to the doing of a prohibited act unless the condition in subsection (2), the condition in subsection (3) or the condition in subsection (4) is satisfied.

The condition is that—

he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency, and

such a person gives consent to the doing of the act.

The condition is that—

he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency, and

before the end of the notice period he does not receive notice from such a person that consent to the doing of the act is refused.

The condition is that—

he makes a disclosure that property is criminal property to a person authorised for the purposes of this Part by the Director General of the National Crime Agency,

before the end of the notice period he receives notice from such a person that consent to the doing of the act is refused, and

the moratorium period has expired.

A person who is a nominated officer commits an offence if—

he gives consent to a prohibited act in circumstances where none of the conditions in subsections (2), (3) and (4) is satisfied, and

he knows or suspects that the act is a prohibited act.

A person guilty of such an offence is liable—

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or

on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure.

The moratorium period is the period of 31 days starting with the day on which the nominated officer is given notice that consent to the doing of the act is refused.

A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the nominated officer is when he gives the appropriate consent.

References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be).

A nominated officer is a person nominated to receive disclosures under section 338.

Section 336: Nominated officer: consent

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