Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 2 - Obtaining information about controlled property  

SECTION 270   Power to obtain information and evidence  

270(1)    

The * Official Trustee, by written notice given to any person, may require the person to do any or all of the following things:

(a)    

to:

(i) give the Official Trustee such information as the Official Trustee requires for the purposes of the exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties under this Part; and

(ii) do so within the period, and in the manner, specified in the notice;

(b)    

to:

(i) attend before the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, at the time and place specified in the notice; and

(ii) give evidence relating to any matters connected with the exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties under this Part;

(c)    

to:

(i) give evidence by video link to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties under this Part; and

(ii) commence doing so at the time specified in the notice;

(d)    

to:

(i) give evidence by telephone to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties under this Part; and

(ii) commence doing so at the time specified in the notice;

(e)    

to:

(i) produce all *books in the possession of the person notified relating to any matters connected with the exercise of the Official Trustee ' s powers or the performance of the Official Trustee ' s duties under this Part; and

(ii) do so within the period, and in the manner, specified in the notice.

270(2)    

In the case of a requirement under paragraph (1)(b), (c) or (d), the *Official Trustee or a person authorised under the paragraph concerned:

(a)    may require the evidence to be given on oath or affirmation, and either orally or in writing; and

(b)    for that purpose, may administer an oath or affirmation.

270(3)    

An oath or affirmation to be sworn or made by a person who is to give evidence by video link may be administered:

(a)    by means of video link, in as nearly as practicable the same way as if the person were to give evidence in the presence of the *Official Trustee or the person authorised under paragraph (1)(c), as the case may be; or

(b)    as follows:

(i) on behalf of the Official Trustee or the person authorised under paragraph (1)(c), as the case may be;

(ii) by a person authorised by the Official Trustee or the person authorised under paragraph (1)(c), as the case may be;

(iii) at the place where the person is present for the purposes of giving evidence.

270(4)    

An oath or affirmation to be sworn or made by a person who is to give evidence by telephone may be administered:

(a)    by telephone, in as nearly as practicable the same way as if the person were to give evidence in the presence of the *Official Trustee or the person authorised under paragraph (1)(d), as the case may be; or

(b)    as follows:

(i) on behalf of the Official Trustee or the person authorised under paragraph (1)(d), as the case may be;

(ii) by a person authorised by the Official Trustee or the person authorised under paragraph (1)(d), as the case may be;

(iii) at the place where the person is present for the purposes of giving evidence.