Page 763 - IOM Law Society Rules Book

c.13 Proceeds of Crime Act 2008 385

185. A customer information order has effect in spite of any Customer
restriction on the disclosure of information (however imposed). information
orders: disclosure
of information
P2002/29/368
186. (1) An application for a customer information order may Customer
be made ex parte in chambers. information
orders:
supplementary
(2) Rules of court may make provision as to the practice
and procedure to be followed in connection with proceedings P2002/29/369
relating to customer information orders.

(3) Where no rules of court have been made the court may
adopt such practice and procedure as it thinks fit.

(4) An application to discharge or vary a customer
information order may be made to the High Court by —

(a) the person who applied for the order;

(b) any person affected by the order.

(5) The court —

(a) may discharge the order;

(b) may vary the order.

(6) If a constable or a customs officer applies for a customer
information order, an application to discharge or vary the order
need not be by the same constable or customs officer.

(7) References to a person who applied for a customer
information order must be construed accordingly.

(8) A constable or a customs officer may not make an
application for a customer information order or an application to
vary such an order unless that person is a senior appropriate officer
or is authorised to do so by a senior appropriate officer.

(9) Subsections (2) to (7) do not apply to orders made for
the purposes of a civil recovery investigation.

Account monitoring orders

187. (1) A Deemster may, on an application made by an Account
appropriate officer, make an account monitoring order if the monitoring
Deemster is satisfied that each of the requirements for the making orders
of the order is fulfilled. P2002/29/370

(2) No application for an account monitoring order may
be made in relation to a detained cash investigation.