The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009

Made: 1st October 2009

Laid before Parliament: 8th October 2009

Coming into force: 2nd November 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 453 and 459(2) of the Proceeds of Crime Act 2002[^f00001]:

Citation, commencement and interpretation

1

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2009 and shall come into force on 2nd November 2009.

2

In this Order the “2009 Order” means the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009[^f00002].

Amendment of the 2009 Order

3

In Article 1(2) of the 2009 Order, in relation to the entry “relevant training”, for “the Act” substitute “the Proceeds of Crime Act 2002”.

Substitution of Schedule 1

4

For Schedule 1 to the 2009 Order substitute Schedule 1 as set out in the Schedule to this Order.

SCHEDULE — SCHEDULE 1 TO THE PROCEEDS OF CRIME ACT 2002 (REFERENCES TO FINANCIAL INVESTIGATORS) ORDER 2009 AS SUBSTITUTED BY THIS ORDER

Signed

Alan Campbell — Parliamentary Under Secretary of State — 1st October 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 (“the 2009 Order”) which provides that references to accredited financial investigators in the Proceeds of Crime Act 2002 (“the Act”), as amended by the Serious Crime Act 2007 are to be read as references to accredited financial investigators within the descriptions specified in the 2009 Order.

Article 4 substitutes Schedule 1 to the 2009 Order for Schedule 1 as set out in the Schedule to this Order. The Order sets out in the first column of the Schedule the powers that can be exercised by an accredited financial investigator under the Act. The second column of the Schedule sets out who is an accredited financial investigator for the purpose of the exercise of those powers.

The following changes of substance have been made by substitution of the new Schedule 1:

Members of staff of the following bodies have been added to the second column of the Schedule for the purposes of exercising powers set out in the first column of the Schedule: the Counter Fraud and Security Management Service, the Department of Health, the Department for Regional Development in Northern Ireland, the Gangmasters Licensing Authority, the Home Office, the Intellectual Property Office, a local authority, the Serious Fraud Office and the Transport for London.

References to the Department for Business, Enterprise and Regulatory Reform have been substituted with references to the Department for Business, Innovation and Skills.

References to the Department for Business, Enterprise and Regulatory Reform have been deleted from column 2 in relation to their accredited financial investigators in Northern Ireland.

References to the Department of Health, Social Services and Public Safety in Northern Ireland have been substituted with references to the HSC (Health and Social Care) Business Services Organisation.

References to the Environment and Heritage Service in Northern Ireland have been deleted and, where appropriate, substituted for the Department of the Environment in Northern Ireland.

The minimum level of grade required by an accredited member of staff to exercise the relevant powers set out in the first column has been changed for the following persons/bodies: an immigration officer, the Counter Fraud and Security Management Service, the Department of the Environment in Northern Ireland, the Financial Services Authority, the Office of Fair Trading and the Serious Fraud Office.

Footnotes

[^f00001]: 2002 c.29. Section 453(2) has been amended by section 81(1) of the Serious Crime Act 2007 (c.27).

[^f00002]: S.I. 2009/975.

[^f00003]: The Counter Fraud and Security Management Service is part of the National Health Service.

[^f00004]: The Environment Agency was established by the Environment Act 1995 (c.25) and is a part of the Department for Environment, Food and Rural Affairs.

[^f00005]: The Financial Services Authority’s powers are contained in the Financial Services and Markets Act 2000 (c.8).

[^f00006]: The Gambling Commission was established by the Gambling Act 2005 (c.19).

[^f00007]: The Gangmasters Licensing Authority was established by the Gangmasters Licensing Act 2004 (c.11).

[^f00008]: The Medicines and Healthcare Products Regulatory Agency is part of the Department of Health.

[^f00009]: The Office of Communications was established by the Office of Communications Act 2002 (c.11).

[^f00010]: The Office of Fair Trading was established by the Enterprise Act 2002 (c.40).

[^f00011]: The Pensions Regulator was established by the Pensions Act 2004 (c.35).

[^f00012]: The Rural Payments Agency is part of the Department for Environment, Food and Rural Affairs.

[^f00013]: The Serious Fraud Office was established under the Criminal Justice Act 1987 (c.38).

[^f00014]: The Transport for London was established under the Greater London Authority Act 1999 (c.29).

[^f00015]: The Vehicle and Operator Services Agency is part of the Department of Transport.

[^f00016]: The grading of posts in relation to the Department of Health has been delegated to the Secretary of State for Health by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992 (c.61).

[^f00017]: The grading of posts in relation to the Department for Business, Innovation and Skills has been delegated to the Secretary of State for Business, Innovation and Skills by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992.

[^f00018]: The grading of posts in relation to the Department for Environment, Food and Rural Affairs has been delegated to the Secretary of State for Environment, Food and Rural Affairs by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992.

[^f00019]: The grading of posts in relation to the Department for Work and Pensions has been delegated to the Secretary of State for Work and Pensions by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992.

[^f00020]: The grading of posts in relation to the Home Office has been delegated to the Secretary of State for the Home Office under the Civil Service (Management Functions) Act 1992.

[^f00021]: The grading of posts in relation to the Department of Health has been delegated to the Secretary of State for Health by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992.

[^f00022]: The grading of posts in relation to the Rural Payments Agency has been delegated to the Chief Executive of the Agency by the Secretary of State for Environment, Food and Rural Affairs.

[^f00023]: The grading of posts in relation to the Serious Fraud Office has been delegated to the Director of the Serious Fraud Office by the Minister for the Civil Service under the Civil Service (Management Functions) Act 1992.

[^f00024]: The grading of posts in relation to the Vehicle and Operator Services Agency has been delegated to the Chief Executive of the Agency by the Secretary of State for Transport.

[^f00025]: The grading of posts in relation to Northern Ireland Departments is exercisable by the Department of Finance and Personnel by virtue of a prerogative order made under section 23(3) of the Northern Ireland Act 1998 (c.47).

[^f00026]: As inserted by section 79 of the Serious Crime Act 2007 (c.27).

[^f00027]: As inserted by section 79 of the Serious Crime Act 2007.

[^f00028]: As inserted by section 80 of the Serious Crime Act 2007.

[^f00029]: As inserted by section 80 of the Serious Crime Act 2007.

[^f00030]: Inserted by section 80(7) of the Serious Crime Act 2007.

[^f00031]: The Intellectual Property Office became the operating name of the Patent Office on 2 April 2007. The Patent Office was established by the Patents Law Amendment Act 1852 (c.83).