Serious Crime Act 2007

• (4) In subsection (3)(a) for “the Director” substitute “ SOCA ”.

• (5) In subsection (4) for “the Director” substitute “ SOCA ”.

95

• (1) Section 319 (source of income) is amended as follows.

• (2) In subsection (1)—

• (a) for “the Director” substitute “ SOCA ”;

• (b) for “him” substitute “ it ”; and

• (c) for “he” substitute “ SOCA ”.

• (3) In subsection (2) for “the Director” substitute “ SOCA ”.

• (4) In subsection (3)—

• (a) for “the Director” substitute “ SOCA ”; and

• (b) for “him” substitute “ SOCA ”.

96

• (1) Section 320 (appeals) is amended as follows.

• (2) In subsection (1) for “the Director” substitute “ SOCA ”.

• (3) In subsection (2)—

• (a) for “the Director” substitute “ SOCA ”; and

• (b) for “his” substitute “ its ”.

97

• (1) Section 321 (Director's functions: transfers of value) is amended as follows.

• (2) In the heading for “Director's” substitute “ SOCA's ”.

• (3) In subsection (1)—

• (a) for “the Director” substitute “ SOCA ”; and

• (b) in paragraph (b) for “it” substitute “ the transfer of value ”.

• (4) In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

• (5) In subsection (3) for “the Director” substitute “ SOCA ”.

• (6) In subsection (4) for “The Director” substitute “ SOCA ”.

• (7) In subsection (5) for “the Director” substitute “ SOCA ”.

• (8) In subsection (6) for “the Director” substitute “ SOCA ”.

98

• (1) Section 322 (Director's functions: certain settlements) is amended as follows.

• (2) In the heading for “Director's” substitute “ SOCA's ”.

• (3) In subsection (1) for “the Director” substitute “ SOCA ”.

• (4) In subsection (2)—

• (a) for “the Director”, in both places where it appears, substitute “ SOCA ”; and

• (b) in paragraph (c) for “he” substitute “ SOCA ”.

• (5) In subsection (3) for “the Director” substitute “ SOCA ”.

• (6) In subsection (4) for “The Director” substitute “ SOCA ”.

• (7) In subsection (5) for “the Director” substitute “ SOCA ”.

• (8) In subsection (6) for “the Director” substitute “ SOCA ”.

99

• (1) Section 324 (exercise of Revenue functions) is amended as follows.

• (2) In subsection (1) for “the Director” substitute “ SOCA ”.

• (3) In subsection (2) for “Paragraph (b) of section 1(6)” substitute “ Section 2B(2) ”.

• (4) In subsection (3) for “The Director” substitute “ SOCA ”.

• (5) In subsection (4) for “The Director” substitute “ SOCA ”.

• (6) In subsection (5)—

• (a) for “The Director” substitute “ SOCA ”; and

• (b) for “they” substitute “ the Board ”.

100

• (1) Section 325 (declarations) is amended as follows.

• (2) Omit subsection (1).

• (3) For subsection (2) substitute—

(2) Every member of SOCA's staff who is assigned to carry out any of SOCA's functions under this Part must, as soon as practicable after being so assigned, make a declaration in the form set out in Schedule 8 before a person nominated by the Director General of SOCA for the purpose.

101

• (1) Schedule 8 (forms of declarations) is amended as follows.

• (2) Omit the words from “The Director”, where it first appears, to “by law.””, where it first appears.

• (3) For “The Staff Of The Agency” substitute “ SOCA's Staff ”.

• (4) For “authorised by the Director of the Assets Recovery Agency” substitute “ assigned by SOCA ”.

• (5) For “to the Director” substitute “ to SOCA ”.

• (6) For “his” substitute “ its ”.

102

The Secretary of State may by order—

• (a) repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and

• (b) make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.

Part 4 — Transfer of investigation functions

103

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

104

In section 351(5) (supplementary)—

• (a) after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

• (b) after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

105

• (1) Section 352 (search and seizure warrants) is amended as follows.

• (2) In subsection (5)(b) for “named member of the staff of the Agency” substitute “ member of SOCA's staff or of the staff of the relevant Director ”.

• (3) After subsection (5) insert—

(5A) In this Part “relevant Director”— (a) in relation to England and Wales, means the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office; and (b) in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.

106

In section 353(10)(b) (requirements where production order not available) for “the staff of the Agency” substitute “ SOCA's staff or of the staff of the relevant Director ”.

107

• (1) Section 356 (further provisions: civil recovery) is amended as follows.

• (2) Omit subsection (6).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

• (1) Section 357 (disclosure orders) is amended as follows.

• (2) In subsection (1) for “the Director” substitute “ the relevant authority ”.

• (3) After subsection (2) insert—

(2A) The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer.

• (4) In subsection (3)(a) for “the Director” substitute “ an appropriate officer ”.

• (5) In subsection (4)—

• (a) for “the Director”, where it first appears, substitute “ an appropriate officer ”; and

• (b) for “the Director”, where it appears for the second time, substitute “ the appropriate officer ”.

• (6) In subsection (5) for “the Director” substitute “ the appropriate officer concerned ”.

• (7) After subsection (6) insert—

(7) In this Part “relevant authority” means— (a) in relation to a confiscation investigation, a prosecutor; and (b) in relation to a civil recovery investigation, a member of SOCA's staff or the relevant Director. (8) For the purposes of subsection (7)(a) a prosecutor is— (a) in relation to a confiscation investigation carried out by a member of SOCA's staff, the relevant Director or any specified person; (b) in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person; (c) in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; and (d) in relation to a confiscation investigation carried out by an officer of Revenue and Customs, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person. (9) In subsection (8) “specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.

109

• (1) Section 361 (further provisions) is amended as follows.

• (2) In subsection (7) for “The Director” substitute “ An appropriate officer ”.

• (3) In subsection (9) for “the Director” substitute “ an appropriate officer ”.

110

• (1) Section 362 (supplementary) is amended as follows.

• (2) In subsection (3)(a) for “Director” substitute “ person who applied for the order ”.

• (3) After subsection (4) insert—

(4A) If a member of SOCA's staff or a person falling within a description of persons specified by virtue of section 357(9) applies for a disclosure order, an application to discharge or vary the order need not be by the same member of SOCA's staff or (as the case may be) the same person falling within that description. (4B) References to a person who applied for a disclosure order must be construed accordingly.

• (4) In subsection (5) for “(4)” substitute “ (4B) ”.

111

• (1) Section 369 (supplementary) is amended as follows.

• (2) In subsection (5)—

• (a) after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

• (b) after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

• (3) In subsection (7) after “investigator,” insert “ a member of SOCA's staff, ”.

112

In section 375(4) (supplementary)—

• (a) after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

• (b) after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

113

Omit section 376 (evidence overseas).

114

• (1) Section 377 (code of practice) is amended as follows.

• (2) In the heading after “practice” insert “ of Secretary of State etc. ”.

• (3) In subsection (1)—

• (a) in paragraph (a) for “the Director” substitute “ the Director General of SOCA ”; and

• (b) in paragraph (b) for “members of the staff of the Agency” substitute “ other members of SOCA's staff ”.

• (4) In subsection (9)—

• (a) after “officer” insert “ or the relevant authority ”; and

• (b) for “he” substitute “ either ”.

115

After section 377 (code of practice of Secretary of State etc.) insert—

(377A) (1) The Attorney General must prepare a code of practice as to— (a) the exercise by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions and the Director of the Serious Fraud Office of functions they have under this Chapter; and (b) the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to England and Wales as the relevant authority. (2) The Advocate General for Northern Ireland must prepare a code of practice as to— (a) the exercise by the Director of Public Prosecutions for Northern Ireland of functions he has under this Chapter; and (b) the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to Northern Ireland as the relevant authority. (3) After preparing a draft of the code the Attorney General or (as the case may be) the Advocate General for Northern Ireland— (a) must publish the draft; (b) must consider any representations made to him about the draft; (c) may amend the draft accordingly. (4) After the Attorney General or the Advocate General for Northern Ireland has proceeded under subsection (3) he must lay the code before Parliament. (5) When the code has been so laid the Attorney General or (as the case may be) the Advocate General for Northern Ireland may bring the code into operation on such day as he may appoint by order. (6) A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter to which the code relates. (7) If such a person fails to comply with any provision of such a code of practice the person is not by reason only of that failure liable in any criminal or civil proceedings. (8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings. (9) The Attorney General or (as the case may be) the Advocate General for Northern Ireland may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared. (10) In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

116

• (1) Section 378 (officers) is amended as follows.

• (2) In subsection (1)(a) for “the Director” substitute “ a member of SOCA's staff ”.

• (3) In subsection (2)(a) for “the Director” substitute “ a senior member of SOCA's staff ”.

• (4) In subsection (3) for the words from “the Director”, where it first appears, to the end of the subsection substitute

— (a) a member of SOCA's staff or the relevant Director is an appropriate officer; (b) a senior member of SOCA's staff is a senior appropriate officer.

• (5) In subsection (5) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

• (6) Omit subsection (7).

• (7) After subsection (7) insert—

(8) For the purposes of this Part a senior member of SOCA's staff is— (a) the Director General of SOCA; or (b) any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose.

117

In section 416(2) (other interpretative provisions)—

• (a) after the entry for production order insert—

relevant authority: section 357(7) to (9) relevant Director: section 352(5A)

; and

• (b) at the end insert— “ senior member of SOCA's staff: section 378(8). ”

118

After section 449 (pseudonyms) insert—

(449A) (1) This section applies to a member of the staff of the relevant Director if— (a) the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and (b) it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name. (2) The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym. (3) For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym. (4) In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity. (5) The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf. (6) In this section “relevant Director” has the meaning given by section 352(5A).

119

• (1) Section 459 (orders and regulations) is amended as follows.

• (2) In subsection (3) after “instrument” insert “ (other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))) ”.

• (3) In subsection (4)(a) after “377(4)” insert “ , 377A(5) ”.

• (4) After subsection (6)(a) insert—

(aa) by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;

.

• (5) After subsection (7) insert—

(8) In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

Part 5 — Transfer of accreditation and training functions

120

• (1) Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows.

• (2) In subsection (1)—

• (a) for “Director” substitute “ National Policing Improvement Agency ”; and

• (b) for “establish” substitute “ provide ”.

• (3) Omit subsection (6).

• (4) In subsection (7) for “Director” substitute “ National Policing Improvement Agency ”.

• (5) Omit subsection (8).

Part 6 — Other amendments to 2002 Act

121

The Proceeds of Crime Act 2002 is amended as follows.

122

In the heading for Part 1 for “Assets Recovery Agency” substitute “ Introductory ”.

123

Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director's general functions).

124

After section 2 insert—

(2A) (1) A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime. (2) In this section “a relevant authority” means— (a) SOCA, (b) the Director of Public Prosecutions, (c) the Director of Public Prosecutions for Northern Ireland, (d) the Director of Revenue and Customs Prosecutions, or (e) the Director of the Serious Fraud Office. (3) In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by— (a) in the case of SOCA, the Secretary of State, (b) in the case of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, the Attorney General, and (c) in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland. (4) The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings. (5) The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland. (2B) (1) For the purposes of this Act SOCA is the Serious Organised Crime Agency. (2) Anything which SOCA is authorised or required to do under this Act (whether directly or through its staff) may be done by a person providing services under arrangements made by SOCA if the person is authorised by SOCA (whether generally or specifically) for that purpose. (3) References in this Act to members of SOCA's staff are to be read in accordance with paragraph 8(4) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or persons seconded to SOCA to serve as members of its staff). (2C) (1) Anything which the Director of Public Prosecutions is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director (generally or specifically) for that purpose. (2) Anything which the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director concerned (generally or specifically) for that purpose. (3) Anything which a relevant Director or a member of his staff is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose. (4) In this section “relevant Director” means— (a) the Director of Public Prosecutions, (b) the Director of Public Prosecutions for Northern Ireland, (c) the Director of Revenue and Customs Prosecutions, or (d) the Director of the Serious Fraud Office.

125

Omit sections 4 and 5 (co-operation and advice and assistance for Secretary of State).

126

In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

127

In section 331(4) (failure to disclose: nominated officers in the regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

128

In section 332(4) (failure to disclose: other nominated officers) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

129

In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

130

In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

131

For section 435 (use of information by Director) substitute—

(435) (1) Information obtained by or on behalf of the Director in connection with the exercise of any of his functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his other functions (whether under, or in relation to, either Part, another Part of this Act or otherwise). (2) Information obtained by or on behalf of the Director in connection with the exercise of any of his functions (whether under, or in relation to, this Act or otherwise) which are not functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his functions under, or in relation to, Part 5 or 8. (3) This section applies to information obtained before the coming into force of the section as well as to information obtained after the coming into force of the section. (4) In this section “the Director” means— (a) the Director of Public Prosecutions; (b) the Director of the Serious Fraud Office; or (c) the Director of Public Prosecutions for Northern Ireland.

132

• (1) Section 436 (disclosure of information to Director) is amended as follows.

• (2) In the heading for “Director” substitute “ certain Directors ”.

• (3) In subsection (1)—

• (a) for “this section” substitute “ subsection (10) ”; and

• (b) after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

• (4) In subsection (5), omit paragraph (b) and (ga).

• (5) After subsection (9) insert—

(10) In this section “the Director” has the same meaning as in section 435.

133

• (1) Section 437 (further disclosure) is amended as follows.

• (2) In subsection (2)(a) after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

• (3) After subsection (6) insert—

(7) In this section “the Director” has the same meaning as in section 435.

134

• (1) Section 438 (disclosure of information by Director) is amended as follows.

• (2) In the heading for “Director” substitute “ certain Directors ”.

• (3) In subsection (1)—

• (a) after “functions”, where it first appears, insert “ under, or in relation to, Part 5 or 8 ”;

• (b) in paragraph (c) after “functions” insert “ under, or in relation to, Part 5 or 8 ”; and

• (c) after paragraph (f) insert—

(fa) the exercise of any functions of SOCA, another Director or the Director of Revenue and Customs Prosecutions under, or in relation to, Part 5 or 8;

.

• (4) Omit subsections (2) to (4).

• (5) After subsection (8) insert—

(8A) This section does not affect a power to disclose which exists apart from this section. (8B) This section applies to information obtained before the coming into force of subsection (10) as well as to information obtained after the coming into force of that subsection.

• (6) After subsection (9) insert—

(10) In this section “the Director” has the same meaning as in section 435.

135

In section 439(5) (disclosure of information to Lord Advocate and to Scottish Ministers)—

• (a) in paragraph (b) for “the Director General of the Serious Organised Crime Agency” substitute “ SOCA but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136

In section 441(2) (disclosure of information by Lord Advocate and by Scottish Ministers) for paragraph (f) substitute—

(fa) the exercise of the functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland under, or in relation to, Part 5 or 8;

.

137

• (1) Section 443 (enforcement in different parts of the United Kingdom) is amended as follows.

• (2) In subsection (3)(a) for “and the Director” substitute “ , SOCA and the relevant Director ”.

• (3) After subsection (4) insert—

(5) In this section “relevant Director” has the meaning given by section 352(5A).

138

In section 444(4)(d) (external requests and orders) for “the Director” substitute “ SOCA ”.

139

In section 445(2)(b) (external investigations) for the words from “the Director”, where it first appears, to “Agency” substitute “ SOCA, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of Revenue and Customs Prosecutions ”.

140

• (1) Section 449 (agency staff: pseudonyms) is amended as follows.

• (2) In the heading for “Agency” substitute “ SOCA's ”.

• (3) In subsection (1)—

• (a) for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”; and

• (b) for “authorised (generally or specifically) by the Director” substitute “ assigned by SOCA ”.

• (4) In subsection (2)—

• (a) for “The Director” substitute “ An authorised person ”; and

• (b) for “the staff of the Agency” substitute “ SOCA's staff ”.

• (5) In subsection (3)—

• (a) for “the Director” substitute “ an authorised person ”; and

• (b) for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”.

• (6) In subsection (4) for “the staff of the Agency” substitute “ SOCA's staff ”.

• (7) Omit subsection (5).

• (8) After subsection (5) insert—

(6) In this section “authorised person” means a member of SOCA's staff authorised by SOCA for the purposes of this section.

141

After section 460(2) (finance) insert—

(3) Subject to anything in this Act— (a) any sums received by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office in consequence of this Act are to be paid into the Consolidated Fund; and (b) any sums received by the Director of Public Prosecutions for Northern Ireland in consequence of this Act are to be paid to the Secretary of State.

142

Omit Schedule 1 (the Assets Recovery Agency).

Part 7 — Amendments to other enactments

Parliamentary Commissioner Act 1967 (c. 13)

143

• (1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.

• (2) Omit the entry for “The Director of the Assets Recovery Agency.”.

• (3) After the entry for “Sentencing Guidelines Council” insert “ The Serious Organised Crime Agency. ”.

• (4) Omit the paragraph in the Notes headed “Assets Recovery Agency”.

• (5) After the paragraph in the Notes headed “Ministry of Justice” insert—

In the case of the Serious Organised Crime Agency, an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty's Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

Criminal Appeal Act 1968 (c. 19)

144

In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) omit subsection (1A).

145

In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) of this Act,”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

146

• (1) Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) is amended as follows.

• (2) Omit subsection (1A).

• (3) In subsection (3) omit “, subject to subsection (1A) above,”.

Limitation Act 1980 (c. 58)

147

• (1) Section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.

• (2) In subsection (2) for “Director's” substitute “ relevant person's ”.

• (3) In subsection (4) for “Director's” substitute “ relevant person's ”.

• (4) After subsection (7) insert—

(8) In this section “relevant person” means— (a) the Serious Organised Crime Agency, (b) the Director of Public Prosecutions, (c) the Director of Revenue and Customs Prosecutions, or (d) the Director of the Serious Fraud Office.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

148

• (1) Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under Part 2 of the Order) is amended as follows.

• (2) In sub-paragraph (1)(a) omit “or 204(3)”.

• (3) In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Prosecution of Offences Act 1985 (c. 23)

149

In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), after paragraph (fe), insert—

(ff) to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);

.

Bankruptcy (Scotland) Act 1985 (c. 66)

150

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c. 45)

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1987 (c. 38)

152

After section 1(6) of the Criminal Justice Act 1987 (functions of the Director of the Serious Fraud Office) insert—

(6A) The Director has the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))

153

• (1) Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.

• (2) In paragraph (2) for “Director's” substitute “ relevant person's ”.

• (3) In paragraph (4) for “Director's” substitute “ relevant person's ”.

• (4) After paragraph (7) insert—

(8) In this Article “relevant person” means— (a) the Serious Organised Crime Agency, (b) the Director of the Serious Fraud Office, or (c) the Director of Public Prosecutions for Northern Ireland.

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))

154

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1996 (c. 16)

155

• (1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.

• (2) In subsection (1) omit paragraph (ce).

• (3) In subsection (6)(a) omit “(ce),”.

• (4) In subsection (8) omit “(ce),”.

Police (Northern Ireland) Act 1998 (c. 32)

156

• (1) Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows.

• (2) In subsection (1) omit paragraph (ca).

• (3) In subsection (5)(b) omit “(ca),”.

• (4) In subsection (7) omit “(ca),”.

157

After section 60ZA(6) of that Act (SOCA) insert—

(7) An agreement or order under this section must not provide for procedures in relation to so much of any complaint or matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

Northern Ireland Act 1998 (c. 47)

158

• (1) In section 75(4A) of the Northern Ireland Act 1998 (statutory duty on public authorities) after “offences” insert “ or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) ”.

• (2) After section 76(10) of that Act (discrimination by public authorities) insert—

(11) The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Access to Justice Act 1999 (c. 22)

159

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Reform Act 2002 (c. 30)

160

After section 10(8) of the Police Reform Act 2002 (general functions of the Independent Police Complaints Commission) insert—

(9) Nothing in this Part shall confer any function on the Commission in relation to so much of any complaint, conduct matter or DSI matter as relates to— (a) any functions of the Serious Organised Crime Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets); or (b) the functions of the National Policing Improvement Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

161

After section 26A(4) of that Act (SOCA) insert—

(4A) An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

162

After section 26B(4) of that Act (National Policing Improvement Agency) insert—

(4A) An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to the functions of the Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))

163

• (1) Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (representation in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal Services Commission) is amended as follows.

• (2) In sub-paragraph (1)(a) omit “or 204(3)”.

• (3) In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

164

In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—

• (a) omit “or” at the end of sub-paragraph (i); and

• (b) after sub-paragraph (ii) insert

, or (“) in the case of the Director of Revenue and Customs Prosecutions, to exercise his functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29).

165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

166

In section 37(1) of that Act (prosecutors) after “section 35” insert “ (excluding any function mentioned in subsection (4A) of that section) ”.

167

• (1) Section 40 of that Act (confidentiality) is amended as follows.

• (2) In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—

(ca) does not apply to a disclosure made for the purposes of— (i) the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29), (ii) the exercise of any functions of the Serious Organised Crime Agency under that Act, (iii) the exercise of any functions of the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act, (iv) the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act, or (v) investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act, (cb) does not apply to a disclosure of information obtained in the exercise of functions under the Proceeds of Crime Act 2002 (c. 29) if the disclosure is made for the purposes of the exercise of a function which the Secretary of State thinks is a public function and which he designates by order,

.

• (3) After subsection (10) insert—

(10A) An order under subsection (2)(cb)— (a) may include transitional or incidental provision, (b) shall be made by statutory instrument, and (c) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Serious Organised Crime and Police Act 2005 (c. 15)

169

After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—

(2A) SOCA has the functions conferred on it (whether directly or through its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating to the recovery of assets).

170

• (1) Section 5 of that Act (SOCA's general powers) is amended as follows.

• (2) In subsection (2)(d) after “or 3” insert “ or mentioned in section 2A, ”.

• (3) In subsection (3) after “3” insert “ or mentioned in section 2A ”.

• (4) In subsection (4) after “section” insert “ 2A or ”.

171

After section 19(4) of that Act (charges by SOCA and other receipts) insert—

(4A) Subsection (3) is subject to any provision made by the Proceeds of Crime Act 2002 (c. 29).

172

• (1) Section 33 (disclosure of information by SOCA) of that Act is amended as follows.

• (2) In subsection (2) after paragraph (c) insert—

(ca) the exercise of any function of SOCA mentioned in section 2A (functions relating to the recovery of assets); (cb) the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29); (cc) the exercise of any functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act; (cd) the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act; (ce) investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;

.

• (3) After subsection (2) insert—

(2A) Subsections (1) and (2) do not apply to information obtained by SOCA in connection with the exercise of its functions under Part 6 of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions). (2B) But such information may be disclosed by SOCA— (a) to the Commissioners; (b) to the Lord Advocate for the purpose of the exercise by the Lord Advocate of his functions under Part 3 of that Act (confiscation: Scotland). (2C) Information disclosed to the Lord Advocate under subsection (2B)(b) may be further disclosed by him only to the Scottish Ministers for the purpose of the exercise by them of their functions under Part 5 of that Act (civil recovery of the proceeds etc. of unlawful conduct). (2D) Subsections (1) and (2), so far as relating to disclosure for the purposes of the exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 of that Act, do not apply to information obtained by SOCA in connection with the exercise of any of its functions other than its functions under that Act.

173

After section 35(1) of that Act (restrictions on further disclosure) insert—

(1A) Subsection (1) does not apply to— (a) information disclosed by SOCA under section 33 to the Lord Advocate for the purpose of the exercise of any of his functions under Part 3 of the Proceeds of Crime Act 2002; or (b) information disclosed by SOCA under section 33 to the Scottish Ministers for the purposes of the exercise of any of their functions under, or in relation to, Part 5 of that Act; but see instead section 441 of the Proceeds of Crime Act 2002.

174

In paragraph 8 of Schedule 1 to that Act (SOCA's staff) after sub-paragraph (1), insert—

(1A) SOCA must appoint one of its employees as a person with responsibilities in relation to the exercise of SOCA's functions in Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).

175

In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.

Gambling Act 2005 (c. 19)

176

In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)—

• (a) omit the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service; and

• (b) after the entry for the Serious Fraud Office insert— “ The Serious Organised Crime Agency ”.

Police and Justice Act 2006 (c. 48)

177

• (1) Schedule 1 to the Police and Justice Act 2006 (National Policing Improvement Agency) is amended as follows.

• (2) In paragraph 1 (the objects of the Agency)—

• (a) after paragraph (e), insert—

(ea) the carrying out of its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators);

; and

• (b) in paragraph (f) for “(e)” substitute “ (ea) ”.

• (3) After paragraph 4(5) (consultation: Scotland or Northern Ireland) insert—

(6) This paragraph does not apply to any exercise of the Agency's power under paragraph 2(1) which is for the purposes of attaining the object mentioned in paragraph 1(ea) (accreditation and training of financial investigators).

• (4) After paragraph 6(4) (strategic priorities) insert—

(4A) Before determining strategic priorities for the Agency in relation to its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators), the Secretary of State must (in addition to those required above) consult such other persons as the Secretary of State considers appropriate.

• (5) In paragraph 35 (payments by Agency to police authorities) after “objects” insert “ (other than the object mentioned in paragraph 1(ea): accreditation and training of financial investigators) ”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

178

In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc.) omit “Assets Recovery Agency”.

SCHEDULE 9

Interpretation

1

In this Schedule—

• “the Agency” means the Assets Recovery Agency;

• “the Director” means the Director of the Assets Recovery Agency;

• “NPIA” means the National Policing Improvement Agency; and

• “transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Director and staff of Agency

2

• (1) A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.

• (2) If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.

• (3) If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.

3

• (1) A transfer scheme may provide—

• (a) for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and

• (b) for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.

• (2) The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.

4

• (1) A transfer scheme may provide—

• (a) for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA by virtue of the scheme;

• (b) for anything done before that transfer by, or in relation to, the employer in respect of such a contract or the employee to be treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.

• (2) Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA—

• (a) did not have a contract of employment; or

• (b) held an appointment by virtue of a secondment.

• (3) A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).

5

• (1) A transfer scheme may provide for a person who—

• (a) is the Director or a member of staff of the Agency; and

• (b) would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.

• (2) A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

6

• (1) A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.

• (2) The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.

Property, rights and liabilities etc.

7

• (1) A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency.

• (2) The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme.

• (3) The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be—

• (a) treated as done by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA;

• (b) continued by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA.

• (4) This sub-paragraph applies to—

• (a) the Director;

• (b) members of staff of the Agency.

• (5) The scheme may, in particular, make provision about the continuation of legal proceedings.

8

A transfer scheme may provide for SOCA or NPIA to make any payment which—

• (a) before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but

• (b) is not a liability which can be transferred by virtue of paragraph 7.

Supplementary

9

• (1) A transfer scheme may contain—

• (a) further provision in connection with any of the matters to which paragraphs 2 to 8 relate;

• (b) the provision mentioned in sub-paragraph (3).

• (2) The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person's appointment or employment by or by virtue of the scheme.

• (3) The provision mentioned in this sub-paragraph is provision—

• (a) for the Secretary of State, or any other person nominated by or in accordance with the scheme, to determine any matter requiring determination under or in consequence of the scheme; and

• (b) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

10

Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.

11

A transfer scheme is not an order of the Secretary of State for the purposes of section 89.

SCHEDULE 10

Amendments to the Proceeds of Crime Act 2002

1

The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

2

In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

• (1) Section 352 (search and seizure warrants) is amended as follows.

• (2) In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.

• (3) After subsection (5)(b) insert—

(c) a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

8

• (1) Section 353 (requirements where production order not available) is amended as follows.

• (2) In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.

• (3) After subsection (10)(b) insert—

(c) a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.

11

In section 363 (customer information orders) after subsection (1) insert—

(1A) No application for a customer information order may be made in relation to a detained cash investigation.

12

In section 370 (account monitoring orders) after subsection (1) insert—

(1A) No application for an account monitoring order may be made in relation to a detained cash investigation.

13

In section 378 (officers) after subsection (3) insert—

(3A) In relation to a detained cash investigation these are appropriate officers— (a) a constable; (b) an officer of Revenue and Customs.

14

In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

15

In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

16

In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

17

In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

18

In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.

19

• (1) Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.

• (2) In the heading after “civil recovery” insert “ , detained cash ”.

• (3) In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.

• (4) In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (5) In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (6) In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

20

In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.

21

In section 397 (customer information orders: Scotland) after subsection (1) insert—

(1A) No application for a customer information order may be made in relation to a detained cash investigation.

22

In section 404 (account monitoring orders: Scotland) after subsection (1) insert—

(1A) No application for an account monitoring order may be made in relation to a detained cash investigation.

23

• (1) Section 412 (interpretation: Scotland) is amended as follows.

• (2) In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (3) In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

24

• (1) Section 416 (other interpretative provisions) is amended as follows.

• (2) In subsection (1) after “confiscation investigation: section 341(1)” insert— “ detained cash investigation: section 341(3A) ”.

• (3) After subsection (7) insert—

(7A) “Unlawful conduct” has the meaning given by section 241.

25

In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Other amendments

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Amendments to Chapter 3 of Part 5 of 2002 Act

1

Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings) is amended in accordance with paragraphs 2 to 13.

2

• (1) Section 289 (powers to search for cash) is amended as follows.

• (2) In subsection (1)—

• (a) for “or constable who” substitute “ , a constable or an accredited financial investigator ”; and

• (b) after “premises”, where it first appears, insert “ and ”.

• (3) In subsection (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

• (4) In subsections (3) and (4) for “or constable” substitute “ , constable or accredited financial investigator ”.

• (5) In subsection (5), after paragraph (b), insert—

(c) are exercisable by an accredited financial investigator only in relation to premises or (as the case may be) suspects in England, Wales or Northern Ireland.

3

• (1) Section 290 (prior approval by senior officer) is amended as follows.

• (2) In subsection (4), after paragraph (b), insert—

(c) in relation to the exercise of the power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.

• (3) In subsection (6) for “or constable” substitute “ , constable or accredited financial investigator ”.

4

In section 291(2) (report on exercise of powers) for “or constable” substitute “ , constable or accredited financial investigator ”.

5

• (1) Section 292 (code of practice) is amended as follows.

• (2) In subsection (1) after “constables” insert “ and accredited financial investigators ”.

• (3) In subsection (6) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

6

• (1) Section 294 (seizure of cash) is amended as follows.

• (2) In subsections (1) and (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

• (3) After subsection (3) insert—

(4) This section does not authorise the seizure by an accredited financial investigator of cash found in Scotland.

7

• (1) Section 295 (detention of seized cash) is amended as follows.

• (2) In subsection (1) for “or constable” substitute “ , constable or accredited financial investigator ”.

• (3) In subsection (4)(a) for “or a constable” substitute “ , a constable or an accredited financial investigator ”.

8

In section 296(2) (release of part of cash seized) for “or constable” substitute “ , constable or accredited financial investigator ”.

9

In section 297(4) (release of detained cash) after “constable” insert “ or accredited financial investigator ”.

10

In section 298(1)(a) (power to apply for forfeiture) before “or” insert “ , an accredited financial investigator ”.

11

After section 302(7) insert—

(7A) If the cash was seized by an accredited financial investigator who was not an officer of Revenue and Customs or a constable, the compensation is to be paid as follows— (a) in the case of an investigator— (i) who was employed by a police authority in England and Wales under section 15 of the Police Act 1996 (c. 16) and was under the direction and control of the chief officer of police of the police force maintained by the authority, or (ii) who was a member of staff of the City of London police force, it is to be paid out of the police fund from which the expenses of the police force are met, (b) in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable, (c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department, (d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department, (e) in any other case, it is to be paid by the employer of the investigator. (7B) The Secretary of State may by order amend subsection (7A).

12

• (1) Section 302A (powers for prosecutors to appear in proceedings) (as inserted by section 84(1) above) is amended as follows.

• (2) In subsection (1)—

• (a) after “constable”, in the first place where it appears, insert “ or an accredited financial investigator ”; and

• (b) after “constable”, in the second place where it appears, insert “ or (as the case may be) an accredited financial investigator ”.

• (3) After subsection (3) insert—

(4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.

13

After section 303 insert—

(303A) (1) In this Chapter (apart from this section) any reference in a provision to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that provision by the Secretary of State under section 453. (2) Subsection (1) does not apply to the second reference to an accredited financial investigator in section 290(4)(c). (3) Where an accredited financial investigator of a particular description— (a) applies for an order under section 295, (b) applies for forfeiture under section 298, or (c) brings an appeal under, or relating to, this Chapter, any subsequent step in the application or appeal, or any further application or appeal relating to the same matter, may be taken, made or brought by a different accredited financial investigator of the same description.

Other amendments to 2002 Act

14

In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of information by the Director of the Assets Recovery Agency) before “or” insert “ , an accredited financial investigator ”.

15

• (1) Section 459 of that Act (orders and regulations) is amended as follows.

• (2) In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert “ 302(7B), ”.

• (3) In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),” insert “ 302(7B), ”.

• (4) After subsection (6) insert—

(6A) If a draft of an order under section 302(7B) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument.

Amendments to other enactments

16

In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.

17

In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.

SCHEDULE 12

Police Act 1997 (c. 50)

1

In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)—

• (a) in subsection (1B) for “customs officer” substitute “ an officer of Revenue and Customs ”;

• (b) in subsection (3)(d) for “a customs officer” substitute “ an officer of Revenue and Customs ”; and

• (c) for subsection (5)(h) substitute—

(h) an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

.

2

In section 94(2)(f) of that Act (urgency) for “by a customs officer designated by the Commissioners of Customs and Excise” substitute “ by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs ”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 108(1) of that Act (interpretation) omit the definition of “customs officer”.

Regulation of Investigatory Powers Act 2000 (c. 23)

5

The Regulation of Investigatory Powers Act 2000 is amended as follows.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”

10

For section 32(6)(m) (authorisation of intrusive surveillance) substitute—

(m) an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

.

11

In section 33 (surveillance: authorisation)—

• (a) for subsection (2) substitute—

(2) A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.

;

• (b) for subsection (4) substitute—

(4) A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.

; and

• (c) in subsection (5)(a) for “a customs officer” substitute “ an officer of Revenue and Customs ”;

(and in the italic cross-heading before section 33 for “customs” substitute “ Revenue and Customs ”).

12

In section 34 (grant of authorisation in senior officer's absence)—

• (a) in subsection (1) for “a customs officer;” substitute “ an officer of Revenue and Customs; ”;

• (b) in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “ the Commissioners for Her Majesty's Revenue and Customs, ”; and

• (c) in subsection (4)(l)—

• (i) for “the Commissioners of Customs and Excise,” substitute “ “ the Commissioners for Her Majesty's Revenue and Customs, ”and

• (ii) after “if he is” insert “ a senior official ”.

13

In section 35 (intrusive surveillance authorisation: notification)—

• (a) in subsection (1) for “customs” substitute “ Revenue and Customs ”;

• (b) in subsection (10) for “customs” substitute “ Revenue and Customs ”; and

• (c) in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “ the Commissioners for Her Majesty's Revenue and Customs; ”.

14

In section 36 (approval required for authorisation of intrusive surveillance to take effect)—

• (a) for subsection (1)(d) substitute—

(d) an officer of Revenue and Customs;

; and

• (b) for subsection (6)(g) substitute—

(g) where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs;

.

15

For section 37(1)(d) (quashing authorisations) substitute—

(d) an officer of Revenue and Customs;

(and in the heading to that section for “customs” substitute “ Revenue and Customs ”).

16

For section 40(d) (information) substitute—

(d) every officer of Revenue and Customs,

.

17

In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—

(e) the Commissioners for Her Majesty's Revenue and Customs;

.

18

In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “ officers of Revenue and Customs). ”

19

In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

20

In section 51 (cases where key required)—

• (a) for “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”; and

• (b) for “the Commissioners of Customs and Excise” (in each place) substitute “ the Commissioners for Her Majesty's Revenue and Customs ”.

21

In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

22

For section 55(1)(c) (general duty in relation to encrypted data) substitute—

(c) the Commissioners for Her Majesty's Revenue and Customs;

.

23

In section 56(1) (interpretation) omit the definition of “the customs and excise”.

24

For section 65(6)(f) (the Tribunal) substitute—

(f) the Commissioners for Her Majesty's Revenue and Customs;

.

25

In section 71(2)(c) (codes of practice) for “customs and excise” substitute “ Her Majesty's Revenue and Customs ”.

26

In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—

(d) an officer of Revenue and Customs.

27

In section 81(1) (interpretation) omit the definition of “customs officer”.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

• (1) In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”.

• (2) In paragraph 6(4) of that Schedule—

• (a) for “A person commissioned by the Commissioners of Customs and Excise” substitute “ An officer of Revenue and Customs ”;

• (b) for “those Commissioners themselves” substitute “ the Commissioners for Her Majesty's Revenue and Customs ”;

• (c) for “their department” substitute “ Revenue and Customs ”; and

• (d) for “they” substitute “ the Commissioners ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

30

The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect—

• (a) paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and

• (b) paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).

31

Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty's Revenue and Customs may exercise a power under an enactment amended by this Schedule.

SCHEDULE 13

Serious crime prevention orders

1

In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a person has been involved in serious crime, the court may take account of conduct before the coming into force of that provision as well as conduct after the coming into force of that provision.

2

• (1) Section 19, 20 or 21 does not apply to a person who is being dealt with on or after the coming into force of the section in relation to an offence of which the person was convicted before the coming into force of the section.

• (2) Sub-paragraph (1) does not prevent an application to the High Court for a serious crime prevention order in connection with the offence concerned.

3

In the application of section 23(2) or 24(5) before the commencement of paragraph 1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) (citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54) is to be read as a reference to the Supreme Court Act 1981 (c. 54).

4

In the application of section 25(2)(a)—

• (a) in England and Wales, in relation to an offence committed before 2 May 2022; and

• (b) in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.

Encouraging or assisting crime

5

• (1) Nothing in any provision of Part 2 affects the operation of—

• (a) any rule of the common law; or

• (b) any provision made by or under an Act or Northern Ireland legislation;

in relation to offences committed wholly or partly before the commencement of the provision in Part 2 concerned.

• (2) For the purposes of sub-paragraph (1), an offence is partly committed before commencement if—

• (a) a relevant event occurs before commencement; and

• (b) another relevant event occurs on or after commencement.

• (3) In this paragraph “relevant event”, in relation to an offence, means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.

6

• (1) This paragraph applies where, in any proceedings—

• (a) a person (“D”) is charged in respect of the same act both with an offence under section 44 and with the common law offence of inciting the commission of another offence;

• (b) the only thing preventing D from being found guilty of the offence under section 44 is the fact that it has not been proved beyond reasonable doubt that the time when the act took place was after the coming into force of that section; and

• (c) the only thing preventing D from being found guilty of the common law offence is that it has not been proved beyond reasonable doubt that that time was before the coming into force of section 59.

• (2) For the purpose of determining D's guilt it shall be conclusively presumed that the time when the act took place was before the coming into force of section 44.

7

In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 53(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

Data-sharing

8

In the application of section 70(1)(a)—

• (a) in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and

• (b) in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.

Data matching

9

In relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way), the reference to 12 months in each of the following provisions is to be read as a reference to 6 months—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as inserted by paragraph 4 of that Schedule).

SCHEDULE 14

Serious crime prevention orders

Offence of failing to comply with order

Powers to wind up companies etc: Northern Ireland

Powers to wind up: supplementary

Functions of applicant authorities

Powers of law enforcement officers to retain documents

Involvement in serious crime: Northern Ireland orders

No individual liability in respect of corporate manslaughter

Consequential amendments: Part 2

Disclosure of information to prevent fraud

Offence for certain further disclosures of information

Data matching

Use of search warrants etc. for detained cash investigations

Further provision about detained cash investigations

Powers to recover cash

Powers in relation to certain investigations

Powers of management receivers and enforcement receivers

Civil recovery management receivers

Supplementary provision in relation to new powers

Incidents involving serious violence: powers to stop and search

Additional right of appeal from High Court

Additional right of appeal from Court of Session

Drug trafficking

People trafficking

Firearms offences

Prostitution and child sex

Armed robbery etc.

Money laundering

Fraud

Offences in relation to public revenue etc

Bribery

Counterfeiting

Computer misuse

Intellectual property

Environment

Inchoate offences

Earlier offences

Scope of offences

Drug trafficking

People trafficking

Firearms offences

Prostitution and child sex

Armed robbery etc.

Money laundering

Fraud

Offences in relation to public revenue etc

Bribery

Counterfeiting

Blackmail

Intellectual property

Environment

Inchoate offences

Earlier offences

Scope of offences

Director of Public Prosecutions

...

Director of Serious Fraud Office

Director of Public Prosecutions for Northern Ireland

Interpretation

Offences against the Person Act 1861 (c. 100)

Aliens Restriction (Amendment) Act 1919 (c. 92)

Official Secrets Act 1920 (c. 75)

Incitement to Disaffection Act 1934 (c. 56)

Misuse of Drugs Act 1971 (c. 38)

Immigration Act 1971 (c. 77)

Representation of the People Act 1983 (c. 2)

Computer Misuse Act 1990 (c. 18)

Criminal Justice Act 1993 (c. 36)

Reserve Forces Act 1996 (c. 14)

Landmines Act 1998 (c. 33)

Terrorism Act 2006 (c. 11)

Public Meeting Act 1908 (c. 66)

Perjury Act 1911 (c. 6)

Prison Act 1952 (c. 52)

Criminal Law Act 1967 (c. 58)

Greater London Council (General Powers) Act 1973 (c. xxx)

Greater London Council (General Powers) Act 1974 (c. xxiv)

Criminal Law Act 1977 (c. 45)

Criminal Attempts Act 1981 (c. 47)

Public Order Act 1986 (c. 64)

Terrorism Act 2000 (c. 11)

Prison Act (Northern Ireland) 1953 (c. 18)

Criminal Law Act (Northern Ireland) 1967 (c. 18)

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

Public Processions (Northern Ireland) Act 1998 (c. 2)

Terrorism Act 2000 (c. 11)

Criminal Justice Act 1982 (c. 48)

Sexual Offences (Amendment) Act 1992 (c. 34)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Gambling Act 2005 (c. 19)

Armed Forces Act 2006 (c. 52)

Misuse of Drugs Act 1971 (c. 38)

Criminal Law Act 1977 (c. 45)

Magistrates' Courts Act 1980 (c. 43)

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

Public Order Act 1986 (c. 64)

Computer Misuse Act 1990 (c. 18)

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

International Criminal Court Act 2001 (c. 17)

Proceeds of Crime Act 2002 (c. 29)

Sexual Offences Act 2003 (c. 42)

Serious Organised Crime and Police Act 2005 (c. 15)

Parliamentary Commissioner Act 1967 (c. 13)

Criminal Appeal Act 1968 (c. 19)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Limitation Act 1980 (c. 58)

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

Prosecution of Offences Act 1985 (c. 23)

Bankruptcy (Scotland) Act 1985 (c. 66)

Insolvency Act 1986 (c. 45)

Criminal Justice Act 1987 (c. 38)

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))

Police Act 1996 (c. 16)

Police (Northern Ireland) Act 1998 (c. 32)

Northern Ireland Act 1998 (c. 47)

Access to Justice Act 1999 (c. 22)

Police Reform Act 2002 (c. 30)

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))

Commissioners for Revenue and Customs Act 2005 (c. 11)

Serious Organised Crime and Police Act 2005 (c. 15)

Gambling Act 2005 (c. 19)

Police and Justice Act 2006 (c. 48)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Interpretation

Director and staff of Agency

Property, rights and liabilities etc.

Supplementary

Amendments to the Proceeds of Crime Act 2002

Other amendments

Amendments to Chapter 3 of Part 5 of 2002 Act

Other amendments to 2002 Act

Amendments to other enactments

Police Act 1997 (c. 50)

Regulation of Investigatory Powers Act 2000 (c. 23)

Commissioners for Revenue and Customs Act 2005 (c. 11)

Serious crime prevention orders

Encouraging or assisting crime

Data-sharing

Data matching

Editorial notes