(1)A judge may, on an application made to him by [F1387the relevant authorityF1387] , make a disclosure order if he is satisfied that each of the requirements for the making of the order is fulfilled.
(2)F1391No application for a disclosure order may be made in relation to a [F1388detained cash investigation F1388][F1389 , a detained property investigation [F1390 , a frozen funds investigation or a cryptoasset investigationF1390,F1389]] ....
F1392 (2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The application for a disclosure order must state that—
(a)a person specified in the application is subject to a confiscation investigation which is being carried out by [F1393an appropriate officerF1393] and the order is sought for the purposes of the investigation, or
(b)[F1394 a person specified in the application orF1394] property specified in the application is subject to a civil recovery investigation and the order is sought for the purposes of the investigation [F1395, or
[F1396 (ba)a person specified in the application is subject to a money laundering investigation which is being carried out by an appropriate officer and the order is sought for the purposes of the investigation, orF1396]
(c)a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.F1395]
(4)A disclosure order is an order authorising [F1397an appropriate officerF1397] to give to any person [F1398the appropriate officerF1398] considers has relevant information notice in writing requiring him to do, with respect to any matter relevant to the investigation for the purposes of which the order is sought, any or all of the following—
(a)answer questions, either at a time specified in the notice or at once, at a place so specified;
(b)provide information specified in the notice, by a time and in a manner so specified;
(c)produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.
(5)Relevant information is information (whether or not contained in a document) which [F1399the appropriate officer concernedF1399] considers to be relevant to the investigation.
(6)A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.
[F1400 (7) In this Part “relevant authority” means—
(a)in relation to a confiscation investigation, [F1401 an appropriate officerF1401] ; and
(b)in relation to a civil recovery investigation, [F1402 a Financial Conduct Authority officer,F1402] a [F1403 National Crime Agency officerF1403] [F1404 , an officer of Revenue and CustomsF1404] or the relevant Director [F1405 ; and
[F1406 (ba)in relation to a money laundering investigation, an appropriate officer, andF1406]
(c)in relation to an exploitation proceeds investigation, a [F1403 National Crime Agency officerF1403] .F1405]
F1407 (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1407 (9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1400]
516.Under subsection (1), only the Director may apply to a judge for a disclosure order. It is available in respect of a confiscation and a civil recovery investigation but not a money laundering investigation. Owing to the necessarily invasive nature of the disclosure order, it is thought appropriate to limit the order’s use to the Director. Since the Director will not have a role in the investigation of money laundering offences, it is a consequence that the disclosure order will not be available for use in money laundering investigations. Furthermore, the Director can only apply for a disclosure order in respect of his own investigations (subsection 3). He cannot use this power on behalf of law enforcement authorities in respect of investigations they are carrying out and in which the Director is not otherwise involved. However, law enforcement authorities can transfer entire confiscation investigations to the Director if this is thought necessary.
517.Once a disclosure order has been made, the Director may use the extensive powers set out in subsection (4) throughout the investigation. Thus, unlike the other orders covered by this Part which have to be applied for separately on each occasion, a disclosure order gives the Director continuing powers for the purposes of the investigation. A person may require that evidence of the authority to exercise disclosure powers be provided. Where this happens, it is envisaged that a copy of the disclosure order will be given to the person.