
1 

(1) These Regulations may be cited as the Administrative Forfeiture of Cash (Forfeiture Notices) (England and Wales) Regulations 2015, and come into force on 1st June 2015.
(2) These Regulations extend to England and Wales only.
2 
In these Regulations—
(a) “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000; and
(b) references to statutory provisions are to provisions of the Proceeds of Crime Act 2002.
3 

(1) Subject to paragraph (2), a forfeiture notice must be given by a senior officer in accordance with  regulation 4  to—
(a) any person to whom notice of the most recent order made under section 295(2) in respect of the cash has been given; and
(b) any person who has been identified as being known to be affected by the most recent order made under section 295(2) in respect of the cash but who has not been given notice of, or a copy of, the order.
(2) Where—
(a) there are no such persons as are mentioned in paragraph (1); or
(b) it is not possible to give a notice in accordance with regulation 4(1) to such a person,
the forfeiture notice must be given by way of publication in accordance with regulation 4(2).
(3) Where a forfeiture notice is to be given outside the United Kingdom—
(a) nothing in these Regulations authorises or requires any person to do anything which is contrary to the law of the country where the account forfeiture notice is to be given, and
(b) the duty for the account forfeiture notice to be given by way of publication under paragraph (2)(b) does not apply.
4 

(1) A forfeiture notice   notice which is given to a person must be given—
(a) by post in accordance with regulation 5; or
(b) by means of electronic communication in accordance with regulation 6.
(2) An account forfeiture notice which is required to be given by way of publication must be published—
(a) in the London Gazette, if the senior officer believes any affected person may be in England or Wales;
(b) in the Belfast Gazette, if the senior officer believes any affected person may be in Northern Ireland;
(c) in the Edinburgh Gazette, if senior officer believes any affected person may be in Scotland.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 

(1) In order to give a forfeiture notice to a person by post, it must be sent by properly addressing, pre-paying and posting to an address which has been given by that person for the purpose of receipt of a forfeiture notice under these Regulations.
(2) If no address has been given as is mentioned in paragraph (1), the forfeiture notice must be sent to an address which is shown in the following table.

Person to whom forfeiture notice is to be given Address
1. Individual Last known residential address
2. Individual in their business capacity Last known residential address of the individual; or principal or last known place of business
3. Individual in their capacity as a partner in a partnership Last known residential address of the individual; or principal or last known place of business of the partnership
4.  Limited Liability Partnerships Act 2000 Principal office of the partnership; or any place of business of the partnership
5. Corporation (other than a company) Principal office of the corporation; or any place where the corporation carries on its activities
6. Company Principal office of the company; or any place of business of the company
(3) The forfeiture notice is to be treated as having been given at the time at which the notice would be delivered in the ordinary course of post.
6 

(1) A forfeiture notice may be given by means of fax, email or other means of electronic communication where the intended recipient has previously indicated in writing—
(a) that they are willing to accept the giving of a forfeiture notice by that means of electronic communication; and
(b) the fax number, e-mail address or other electronic identification to which the forfeiture notice must be sent.
(2) Where a senior officer intends to give a forfeiture notice by means of electronic communication (other than by fax), the senior officer must first ask the intended recipient whether there are any limitations to the intended recipient’s agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).
(3) Giving a forfeiture notice by means of electronic communication is effected by sending or transmitting the notice in accordance with the written indication given by the intended recipient under paragraph (1), having complied with any limitations specified by the intended recipient under paragraph (2).
(4) The forfeiture notice is to be treated as having been given on the day on which it is sent or transmitted if the electronic communication containing it is sent or transmitted before 4.30pm. If the electronic communication is sent or transmitted after 4.30pm, the notice is to be treated as having been given the following day.
7 

(1) Where the intended recipient of a forfeiture notice is known to be a child who is not also a protected person, the forfeiture notice must be given to the child and —
(a) one of the child’s parents or guardians; or
(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
(2) Where the intended recipient of a forfeiture notice is known to be a protected person, the forfeiture notice must be given to the protected person and—
(a) where the protected person is resident in England and Wales, to one of the following persons—
(i) the attorney under a registered enduring power of attorney that relates to the protected person;
(ii) the donee of a lasting power of attorney that relates to the protected person;
(iii) the deputy appointed in relation to the protected person by the Court of Protection;
(b) where the protected person is resident in Northern Ireland, to one of the following persons—
(i) the attorney under a registered enduring power of attorney that relates to the protected person;
(ii) the controller appointed in relation to the protected person by the Office of Care and Protection;
(c) where the protected person is resident in Scotland, to one of the following persons—
(i) the continuing attorney under a continuing power of attorney that relates to the protected person;
(ii) the welfare attorney under a welfare power of attorney that relates to the protected person;
(iii) the person authorised under an intervention order in respect of the protected person;
(iv) the person authorised under a guardianship order in respect of the protected person;
(v) the person authorised under a withdrawal certificate in respect of the funds of the protected person.
(3) Any reference in these Regulations to a person to whom a forfeiture notice is to be given includes the person to be given the forfeiture notice on behalf of a child or protected person under paragraph (1) or (2).
(4) Where—
(a) there is no person falling within paragraph (1) to whom a forfeiture notice can be given on behalf of a child who is not also a protected person; or
(b) there is no person falling within paragraph (2) to whom a forfeiture notice can be given on behalf of a protected person,
a senior officer may not give a forfeiture notice to a person who is known to be a child in the case of paragraph (a), or to a protected person in the case of paragraph (b).
(5) In this regulation—
 “child” means a person under 18 years; and
 “protected person” means— 
(a) in England and Wales, a person who lacks capacity within the meaning of the Mental Capacity Act 2005 4 in relation to a forfeiture notice;
(b) in Northern Ireland, means a person who is 16 years or over who lacks capacity to understand the nature of a forfeiture notice because of an impairment of, or a disturbance in the functioning of, the mind or brain;
(c) in Scotland, an adult who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 4, of understanding the nature of a forfeiture notice.
8. 
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Karen Bradley
Parliamentary Under Secretary of State
Home Office
23rd March 2015