Serious Crime Act 2007

• (2) In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

(4) A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both. (4A) If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.

• (3) In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

section 136(4)	3 months
section 136(4A)	3 months

.

SCHEDULE 7

Part 1 — Data matching: England

1

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2

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

3

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

Part 2 — Data matching: Wales

4

After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

(64A) (1) The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf. (2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends). (3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales. (4) That assistance may, but need not, form part of an audit. (5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future. (6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section. (64B) (1) The Auditor General for Wales may require— (a) any body mentioned in subsection (2), and (b) any officer or member of such a body, to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises. (2) The bodies are— (a) a local government body in Wales (as defined in section 12(1)); (b) a Welsh NHS body (as defined in section 60). (3) A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence. (4) If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body. (64C) (1) If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf. (2) A disclosure under subsection (1) does not breach— (a) any obligation of confidence owed by a person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (3) But nothing in this section authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29), or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). (4) Data may not be disclosed under subsection (1) if the data comprise or include patient data. (5) “Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified. (6) This section does not limit the circumstances in which data may be disclosed apart from this section. (7) Data matching exercises may include data provided by a body or person outside England and Wales. (64D) (1) This section applies to the following information— (a) information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise, (b) the results of any such exercise. (2) Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is— (a) for or in connection with a purpose for which the data matching exercise is conducted, (b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or (c) in pursuance of a duty imposed by or under a statutory provision. (3) The bodies are— (a) the Audit Commission, (b) the Auditor General for Scotland, (c) the Accounts Commission for Scotland, (d) Audit Scotland, (e) the Comptroller and Auditor General for Northern Ireland, (f) a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)). (4) “Related party”, in relation to a body mentioned in subsection (3), means— (a) a body or person acting on its behalf, (b) a body whose accounts are required to be audited by it or by a person appointed by it, (c) a person appointed by it to audit those accounts. (5) If the data used for a data matching exercise include patient data— (a) subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body, (b) subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body. (6) In subsection (5)— (a) “patient data” has the same meaning as in section 64C, (b) “relevant NHS body” means— (i) a Welsh NHS body as defined in section 60, (ii) a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18), (iii) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5), (iv) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies. (7) Information disclosed under subsection (2) may not be further disclosed except— (a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection, (b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or (c) in pursuance of a duty imposed by or under a statutory provision. (8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both. (9) Section 54 does not apply to information to which this section applies. (10) In this section “statutory provision” has the meaning given in section 59(8). (64E) (1) Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise). (2) But the report may not include information relating to a particular body or person if— (a) the body or person is the subject of any data included in the data matching exercise, (b) the body or person can be identified from the information, and (c) the information is not otherwise in the public domain. (3) A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested. (4) This section does not affect any powers of an auditor or the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3. (64F) (1) The Auditor General for Wales must prescribe a scale or scales of fees in respect of data matching exercises. (2) A body required under section 64B(1) to provide data for a data matching exercise must pay to the Auditor General the fee applicable to that exercise in accordance with the appropriate scale. (3) But if it appears to the Auditor General that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Auditor General may charge the body a fee which is larger or smaller than that referred to in subsection (2). (4) Before prescribing a scale of fees under this section, the Auditor General must consult— (a) the bodies mentioned in section 64B(2), and (b) such other bodies or persons as the Auditor General thinks fit. (5) If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Auditor General and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers. (6) Before making any regulations under subsection (5), the Welsh Ministers must consult— (a) the Auditor General for Wales, and (b) such other bodies or persons as they think fit. (7) The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly. (8) In addition to the power under subsection (2), the Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Auditor General and that body or person. (64G) (1) The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises. (2) Regard must be had to the code in conducting and participating in any such exercise. (3) Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit. (4) The Auditor General must— (a) lay a copy of the code, and of any alterations made to the code, before the Assembly, and (b) from time to time publish the code as for the time being in force. (64H) (1) The Secretary of State may by order amend this Part— (a) to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted, (b) to modify the application of this Part in relation to a purpose so added. (2) The purposes which may be added are— (a) to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales, (b) to assist in the apprehension and prosecution of offenders in or with respect to Wales, (c) to assist in the recovery of debt owing to Welsh public bodies. (3) The Secretary of State may by order amend this Part— (a) to add a Welsh public body to the list of bodies in section 64B(2), (b) to modify the application of this Part in relation to a body so added, (c) to remove a body from that list. (4) Before making an order under this section, the Secretary of State must consult the Auditor General for Wales. (5) An order under this section— (a) is to be made by statutory instrument, and (b) may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit. (6) No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.

5

• (1) Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.

• (2) In sub-paragraph (3)(b) after “government audit)” insert “ or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching) ”.

• (3) In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute

the following provisions of the Public Audit (Wales) Act 2004 (c. 23)— (i) Part 2 (including those charged as a result of paragraph 11(3)(c)), (ii) Part 3A (but only those charged to a local government body in Wales).

• (4) After sub-paragraph (4) insert—

(5) “Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.

Part 3 — Data matching: Northern Ireland

6

After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—

(4A) (1) The Comptroller and Auditor General may conduct data matching exercises or arrange for them to be conducted on his behalf. (2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends). (3) The power in paragraph (1) is exercisable for the purpose of assisting in the prevention and detection of fraud. (4) That assistance may, but need not, form part of an audit. (5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future. (6) In Articles 4B to 4H, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this Article. (4B) (1) The Comptroller and Auditor General may require— (a) any body mentioned in paragraph (2); and (b) any officer or member of such a body, to provide the Comptroller and Auditor General or a person acting on his behalf with such data (and in such form) as the Comptroller and Auditor General or that person may reasonably require for the purpose of conducting data matching exercises. (2) The bodies are— (a) any body (including a holder of a statutory office) whose accounts are required to be audited by the Comptroller and Auditor General, other than a body whose accounts are required to be so audited by virtue of section 55 of the Northern Ireland Act 1998 (c. 47); (b) any body whose accounts are required to be audited by a local government auditor. (3) A person who without reasonable excuse fails to comply with a requirement of the Comptroller and Auditor General under paragraph (1)(b) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale; and (b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence. (4) If an officer or member of a body is convicted of an offence under paragraph (3), any expenses incurred by the Comptroller and Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body. (4C) (1) If the Comptroller and Auditor General thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to Article 4B, the data may be disclosed to the Comptroller and Auditor General or a person acting on his behalf. (2) A disclosure under paragraph (1) does not breach— (a) any obligation of confidence owed by a person making the disclosure; or (b) any other restriction on the disclosure of information (however imposed). (3) But nothing in this Article authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29); or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). (4) Data may not be disclosed under paragraph (1) if the data comprise or include patient data. (5) “Patient data” means data relating to an individual which are held for any of the following purposes and from which the individual can be identified— (a) preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services; (b) informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment. (6) This Article does not limit the circumstances in which data may be disclosed apart from this Article. (7) Data matching exercises may include data provided by a body or person outside Northern Ireland. (4D) (1) This Article applies to the following information— (a) information relating to a particular body or person obtained by or on behalf of the Comptroller and Auditor General for the purpose of conducting a data matching exercise; (b) the results of any such exercise. (2) Information to which this Article applies may be disclosed by or on behalf of the Comptroller and Auditor General if the disclosure is— (a) for or in connection with a purpose for which the data matching exercise is conducted; (b) to a body mentioned in paragraph (3) (or a related party) for or in connection with a function of that body corresponding or similar to the audit functions of the Comptroller and Auditor General or a local government auditor under any statutory provision or the data matching functions of the Comptroller and Auditor General under Article 4A; or (c) in pursuance of a duty imposed by or under a statutory provision. (3) The bodies are— (a) the Audit Commission for Local Authorities and the National Health Service in England; (b) the Auditor General for Wales; (c) the Auditor General for Scotland; (d) the Accounts Commission for Scotland; (e) Audit Scotland. (4) “Related party”, in relation to a body mentioned in paragraph (3), means— (a) a body or person acting on its behalf; (b) a body whose accounts are required to be audited by it or by a person appointed by it; (c) a person appointed by it to audit those accounts. (5) If the data used for a data matching exercise include patient data— (a) paragraph (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body; (b) paragraph (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body. (6) In paragraph (5)— (a) “patient data” has the same meaning as in Article 4C; (b) “relevant NHS body” means— (i) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) applies; (ii) a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18); (iii) a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c. 23); (iv) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5). (7) Information disclosed under paragraph (2) may not be further disclosed except— (a) for or in connection with the purpose for which it was disclosed under sub-paragraph (a) or the function for which it was disclosed under sub-paragraph (b) of that paragraph; (b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within sub-paragraph (a)); or (c) in pursuance of a duty imposed by or under a statutory provision. (8) Except as authorised by paragraphs (2) and (7), a person who discloses information to which this Article applies is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; or (b) on summary conviction, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both. (9) Article 27 of the Local Government (Northern Ireland) Order 2005 (NI 18) does not apply to information to which this Article applies. (10) In this Article “body” includes office. (4E) (1) Nothing in Article 4D prevents the Comptroller and Auditor General from publishing a report on a data matching exercise (including on the results of the exercise). (2) But the report may not include information relating to a particular body or person if— (a) the body or person is the subject of any data included in the data matching exercise; (b) the body or person can be identified from the information; and (c) the information is not otherwise in the public domain. (3) A report published under this Article may be published in such manner as the Comptroller and Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested. (4) This Article does not affect any powers of the Comptroller and Auditor General or a local government auditor where the data matching exercise in question forms part of an audit carried out by either of them. (4F) (1) The Comptroller and Auditor General may charge a fee to any body required under Article 4B(1) to provide data for a data matching exercise. (2) But a body whose functions are discharged on behalf of the Crown may not be charged a fee under paragraph (1) except with the consent of the Department. (3) In addition to the power under paragraph (1), the Comptroller and Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Comptroller and Auditor General and that body or person. (4) Any fee received by the Comptroller and Auditor General by virtue of this Article is to be paid by him into the Consolidated Fund. (4G) (1) The Comptroller and Auditor General must prepare, and keep under review, a code of practice with respect to data matching exercises. (2) Regard must be had to the code in conducting and participating in any such exercise. (3) Before preparing or altering the code, the Comptroller and Auditor General must consult the bodies mentioned in Article 4B(2), the Information Commissioner and such other bodies or persons as he thinks fit. (4) The Comptroller and Auditor General must— (a) send a copy of the code, and of any alterations made to the code, to the Department and the Department must lay the copy before the Assembly; and (b) from time to time publish the code as for the time being in force. (4H) (1) The Department may by order amend Articles 4A to 4G— (a) to add any purpose mentioned in paragraph (2) to the purposes for which data matching exercises may be conducted; (b) to modify the application of those Articles in relation to a purpose so added. (2) The purposes which may be added are— (a) to assist in the prevention and detection of crime (other than fraud); (b) to assist in the apprehension and prosecution of offenders; (c) to assist in the recovery of debt owing to public bodies. (3) The Department may by order amend Articles 4A to 4G— (a) to add a public body to the list of bodies in Article 4B(2); (b) to modify the application of those Articles in relation to a body so added; (c) to remove a body from that list. (4) An order under this Article may include such incidental, consequential, supplemental or transitional provision as the Department thinks fit. (5) An order under this Article is subject to affirmative resolution. (6) In this Article “public body” means a body or person whose functions— (a) are functions of a public nature; or (b) include functions of that nature, but, in the latter case, the body or person is a public body to the extent only of those functions.

7

In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “ or in respect of data matching ”.

SCHEDULE 8

Part 1 — Abolition of confiscation functions

1

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

2

In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.

3

In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

4

In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

5

• (1) Section 16 (statement of information) is amended as follows.

• (2) In subsection (1) omit “or the Director (as the case may be)”.

• (3) In subsection (3) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (4) In subsection (4) omit “or Director”.

• (5) In subsection (5) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (6) In subsection (6) omit “or the Director”.

6

In section 17(1) (defendant's response to statement of information) omit “or the Director”.

7

In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

8

In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.

9

• (1) Section 20 (no order made: reconsideration of benefit) is amended as follows.

• (2) Omit subsection (3).

• (3) In subsection (4)—

• (a) omit the words from “If the court” to “to do so,”; and

• (b) in paragraph (b) omit “or the Director”.

10

In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

11

In section 22(2) (order made: reconsideration of available amount)—

• (a) omit paragraph (b); and

• (b) in paragraph (c) omit “or 52”.

12

In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.

13

• (1) Section 26 (information) is amended as follows.

• (2) In subsection (1)(b) omit “or the Director”.

• (3) In subsection (2)—

• (a) in paragraph (a) omit “or the Director (as the case may be)”; and

• (b) in paragraph (b) omit “or the Director”.

14

• (1) Section 27 (defendant convicted or committed) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

• (4) In subsection (7) omit “or the Director”.

15

• (1) Section 28 (defendant neither convicted nor acquitted) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

16

• (1) Section 31 (appeal by prosecutor or Director) is amended as follows.

• (2) In the heading omit “or Director”.

• (3) In subsection (1) omit “or the Director”.

• (4) In subsection (2) omit “or the Director”.

17

In section 33(2) (appeal to the House of Lords)—

• (a) in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and

• (b) omit paragraph (b).

18

Omit section 34 (Director as enforcement authority).

19

• (1) Section 35 (Director not appointed as enforcement authority) is amended as follows.

• (2) For the heading substitute “ Enforcement as fines ”.

• (3) In subsection (1) omit paragraph (b) and the word “and” before it.

20

Omit sections 36 and 37 (Director appointed as enforcement authority and Director's application for enforcement).

21

• (1) Section 39 (reconsideration etc: variation of prison term) is amended as follows.

• (2) In subsection (5) for “appropriate person” substitute “ prosecutor ”.

• (3) Omit subsection (6).

22

• (1) Section 40 (conditions for exercise of powers) is amended as follows.

• (2) In subsection (4)(a) omit “or the Director”.

• (3) In subsection (5)(a) omit “or the Director”.

• (4) In subsection (6)(a) omit “or the Director”.

• (5) In subsection (8)(b) omit “or the Director (as the case may be)”.

23

In section 42(2) (application, discharge and variation) omit paragraph (b).

24

Omit sections 52 and 53 (Director's receivers).

25

Omit sections 56 and 57 (Director's receivers and sums received by Director).

26

In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “ or 50 ”.

27

Omit section 60 (Director's receivers).

28

In section 61 (protection) for “, 50 or 52” substitute “ or 50 ”.

29

In section 62(1) (further applications) for “, 50 or 52” substitute “ or 50 ”.

30

In section 63(1) (discharge and variation)—

• (a) for “to 53” substitute “ to 51 ”; and

• (b) in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

31

• (1) Section 64 (management receivers: discharge) is amended as follows.

• (2) In subsection (1)(b) omit the words from “or” to “section 52”.

• (3) Omit subsection (3).

32

• (1) Section 65 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (1) omit “or section 53”.

• (3) In subsection (2) omit “or section 53”.

• (4) In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

33

In section 67(4) (seized money) omit paragraph (c).

34

In section 69(1) (powers of court and receiver)—

• (a) in paragraph (a) for “60” substitute “ 59 ”; and

• (b) in paragraph (b) for “, 50 or 52” substitute “ or 50 ”.

35

In section 74(1) (enforcement abroad)—

• (a) in paragraph (b) omit “or the Director”; and

• (b) in paragraph (c) omit “or the Director (as the case may be)”.

36

In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.

37

In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

38

In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

39

• (1) Section 166 (statement of information) is amended as follows.

• (2) In subsection (1) omit “or the Director (as the case may be)”.

• (3) In subsection (3) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (4) In subsection (4) omit “or Director”.

• (5) In subsection (5) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (6) In subsection (6) omit “or the Director”.

40

In section 167(1) (defendant's response to statement of information) omit “or the Director”.

41

In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

42

In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.

43

• (1) Section 170 (no order made: reconsideration of benefit) is amended as follows.

• (2) Omit subsection (3).

• (3) In subsection (4)—

• (a) omit the words from “If the court” to “to do so,”; and

• (b) in paragraph (b) omit “or the Director”.

44

In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

45

In section 172(2) (order made: reconsideration of available amount)—

• (a) omit paragraph (b); and

• (b) in paragraph (c) omit “or 200”.

46

In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.

47

• (1) Section 176 (information) is amended as follows.

• (2) In subsection (1)(b) omit “or the Director”.

• (3) In subsection (2)—

• (a) in paragraph (a) omit “or the Director (as the case may be)”; and

• (b) in paragraph (b) omit “or the Director”.

48

• (1) Section 177 (defendant convicted or committed) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

• (4) In subsection (7) omit “or the Director”.

49

• (1) Section 178 (defendant neither convicted nor acquitted) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

50

• (1) Section 181 (appeal by prosecutor or Director) is amended as follows.

• (2) In the heading omit “or Director”.

• (3) In subsection (1) omit “or the Director”.

• (4) In subsection (2) omit “or the Director”.

51

In section 183(2) (appeal to the House of Lords)—

• (a) in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and

• (b) omit paragraph (b).

52

Omit section 184 (Director as enforcement authority).

53

Omit section 186 (Director's application for enforcement).

54

• (1) Section 188 (reconsideration etc: variation of prison term) is amended as follows.

• (2) In subsection (5) for “appropriate person” substitute “ prosecutor ”.

• (3) Omit subsection (6).

55

• (1) Section 189 (conditions for exercise of powers) is amended as follows.

• (2) In subsection (4)(a) omit “or the Director”.

• (3) In subsection (5)(a) omit “or the Director”.

• (4) In subsection (6)(a) omit “or the Director”.

• (5) In subsection (8)(b) omit “or the Director (as the case may be)”.

56

In section 191(2) (application, discharge and variation) omit paragraph (b).

57

Omit sections 200 and 201 (Director's receivers).

58

Omit sections 204 and 205 (Director's receivers and sums received by Director).

59

In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “ or 198 ”.

60

Omit section 208 (Director's receivers).

61

In section 209 (protection) for “, 198 or 200” substitute “ or 198 ”.

62

• (1) Section 210 (further applications) is amended as follows.

• (2) In subsection (1) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (2)(b) omit “or 200”.

• (4) In subsection (3) omit “or 200”.

63

In section 211(1) (discharge and variation)—

• (a) for “any of sections 198 to 201” substitute “ section 198 or 199 ”; and

• (b) in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

64

• (1) Section 212 (management receivers: discharge) is amended as follows.

• (2) In subsection (1)(b) omit the words from “or” to “section 200”.

• (3) Omit subsection (3).

65

• (1) Section 213 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (1) omit “or section 201”.

• (3) In subsection (2) omit “or section 201”.

• (4) In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

66

In section 215(4) (seized money) omit paragraph (d).

67

In section 217(1) (powers of court and receiver)—

• (a) in paragraph (a) for “208” substitute “ 207 ”; and

• (b) in paragraph (b) for “, 198 or 200” substitute “ or 198 ”.

68

In section 222(1) (enforcement abroad)—

• (a) in paragraph (b) omit “or the Director”; and

• (b) in paragraph (c) omit “or the Director (as the case may be)”.

69

In section 417(2) (insolvency etc: modifications of the 1986 Act)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

70

• (1) Section 418 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

71

In section 419(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

72

In section 420(2) (modifications of the 1985 Act)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

73

• (1) Section 421 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

74

In section 422(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

75

In section 423(2) (modifications of the 1989 Order)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

76

• (1) Section 424 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

77

In section 425(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

78

• (1) Section 426 (winding up under the 1986 Act) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

79

In section 427(3)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

80

• (1) Section 428 (winding up under the 1989 Order) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

81

In section 429(3)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

82

• (1) Section 430 (floating charges) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

83

In section 432(7) (insolvency practitioners)—

• (a) in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “ or 55(3) ”; and

• (b) in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “ or 203(3) ”.

84

In Schedule 10 (tax), in paragraph 1—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Part 2 — Transfer of civil recovery functions

85

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

86

In section 246(7) (application for interim receiving order) for “Agency” substitute “ enforcement authority ”.

87

After section 272(6) (compensation for loss in relation to associated and joint property) insert—

(7) In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.

88

• (1) Section 280 (applying realised proceeds) is amended as follows.

• (2) In subsection (3)—

• (a) for “Director” substitute “ enforcement authority (unless it is the Scottish Ministers) ”; and

• (b) for “him” substitute “ it ”.

• (3) In subsection (4) for “Agency” substitute “ enforcement authority concerned ”.

89

After section 283(9) (compensation) insert—

(10) In the case of an enforcement authority in relation to England and Wales or Northern Ireland— (a) the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and (b) the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.

90

Omit section 313 (restriction on performance of Director's functions by police).

91

• (1) Section 316 (general interpretation: Part 5) is amended as follows.

• (2) In subsection (1), in the definition of “enforcement authority”—

• (a) for paragraph (a) substitute—

(a) in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,

; and

• (b) after paragraph (b) insert—

(c) in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

.

• (3) After subsection (8) insert—

(8A) In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.

Part 3 — Transfer or abolition of Revenue functions

92

The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.

93

• (1) Section 317 (Director's general Revenue functions) 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) 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 (6) for “the Director” substitute “ SOCA ”.

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

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

94

• (1) Section 318 (Revenue functions regarding employment) is amended as follows.

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

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

• (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—