Deemed consent after a DAML: the seven working day notice period (POCA s.335)

Under s.335(2)-(3) of the Proceeds of Crime Act 2002, a person who makes an authorised disclosure to a constable (which includes an NCA officer authorised under Part 7: s.340(13)) is treated as having the appropriate consent if, before the end of the notice period, he does not receive notice that consent is refused. Section 335(5) defines the notice period as seven working days starting with the first working day after the disclosure. Working days exclude weekends and bank holidays (s.335(7)). The disclosure was on Tuesday 3 March, so day one is Wednesday 4 March and the seven working days are 4, 5, 6, 9, 10, 11 and 12 March. The notice period ends at the end of Thursday 12 March. With no refusal received, the firm has deemed consent from Friday 13 March 2026 and may complete. Because the disclosure was made by the nominated officer, she is treated as having the NCA's consent when the notice period expires (s.335(2)-(3)), and under s.336(3) she may then give the appropriate consent to the fee-earners to complete (s.335(1)(a)).

Why A is wrong: This counts seven calendar days; the notice period is seven working days and excludes the weekend.

Why B is wrong: This wrongly counts the day of disclosure as day one; the period starts on the first working day after it, so 12 March is the last day of the notice period.

Why D is wrong: The 31-day moratorium runs only if consent is refused within the notice period, which did not happen.

Why E is wrong: Section 335(2)-(3) expressly treats silence until the end of the notice period as consent.