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Section 385: Government departments

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 8: Investigations — Chapter 3: Scotland

A production order may be made in relation to material in the possession or control of an authorised government department.

An order so made may require any officer of the department (whether named in the order or not) who may for the time being be in possession or control of the material to comply with it.

If an order contains such a requirement—

the person on whom it is served must take all reasonable steps to bring it to the attention of the officer concerned;
any other officer of the department who is in receipt of the order must also take all reasonable steps to bring it to the attention of the officer concerned.

If the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5)) the person on whom it is served must report the reasons for the failure to—

the sheriff in the case of an order made for the purposes of a confiscation investigation or a money laundering investigation;
the sheriff exercising a civil jurisdiction in the case of an order made for the purposes of a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation.

In this section, "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.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.