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(b) considers it appropriate to do so.

(3) The Directors may charge fees for the provision of services under this
section.

(4) The references in subsection (1) to an accredited financial investigator
5do 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.”

CHAPTER 4 Enforcement powers and related offences

10Extension of powers

14 Serious Fraud Office

Schedule 1 contains amendments conferring certain powers under the
Proceeds of Crime Act 2002 on members of staff of the Serious Fraud Office.

15 Her Majesty’s Revenue and Customs

(1) 15The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general
interpretation), in the definition of “enforcement authority” in subsection (1)—

(a) in paragraph (a), before “the National Crime Agency,” insert “Her
Majesty’s Revenue and Customs,”;

(b) 20in paragraph (c), before “the National Crime Agency,” insert “Her
Majesty’s Revenue and Customs,”.

(3) In section 378 (appropriate officers and senior appropriate officers for
purposes of investigations under Part 8), for subsection (3) substitute—

(3) In relation to a civil recovery investigation these are appropriate
25officers—

(a) a National Crime Agency officer;

(b) the relevant Director;

(c) an officer of Revenue and Customs.

(3ZA) In relation to a civil recovery investigation these are senior appropriate
30officers—

(a) a senior National Crime Agency officer;

(b) the Commissioners for Her Majesty’s Revenue and Customs or
an officer of Revenue and Customs authorised by the
Commissioners (whether generally or specifically) for this
35purpose.”

16 Financial Conduct Authority

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

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(2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general
interpretation), in the definition of “enforcement authority” in subsection (1)—

(a) in paragraph (a), after “means” insert “the Financial Conduct
Authority,”;

(b) 5in paragraph (c), after “means” insert “the Financial Conduct
Authority,”.

(3) Section 378 (appropriate officers and senior appropriate officers for purposes
of investigations under Part 8) is amended in accordance with in subsections
(4) to (6).

(4) 10In subsection (3) (as substituted by section 15 above), after paragraph (c)
insert—

(d) a Financial Conduct Authority officer.”

(5) In subsection (3ZA) (as inserted by that section), after paragraph (b) insert—

(c) a senior Financial Conduct Authority officer.”

(6) 15After subsection (8) insert—

(9) For the purposes of this Part—

(a) “Financial Conduct Authority officer” means a member of staff
of the Financial Conduct Authority;

(b) “senior Financial Conduct Authority officer” means a Financial
20Conduct Authority officer who is not below such grade as is
designated by the Treasury for those purposes.”

Assault and obstruction offences

17 Search and seizure warrants: assault and obstruction offences

After section 356 of the Proceeds of Crime Act 2002 (and before the italic
25heading before section 357) insert—

356A Certain offences in relation to execution of search and seizure
warrants

(1) A person commits an offence if the person assaults an appropriate
person who is acting in the exercise of a power conferred by a search
30and seizure warrant issued under section 352.

(2) A person commits an offence if the person resists or wilfully obstructs
an appropriate person who is acting in the exercise of a power
conferred by a search and seizure warrant issued under section 352.

(3) A person guilty of an offence under subsection (1) is liable—

(a) 35on summary conviction in England and Wales, to
imprisonment for a term not exceeding 51 weeks, or to a fine, or
to both;

(b) on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 6 months, or to a fine not exceeding
40level 5 on the standard scale, or to both.

(4) A person guilty of an offence under subsection (2) is liable—

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(a) on summary conviction in England and Wales, to
imprisonment for a term not exceeding 51 weeks, or to a fine not
exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment
5for a term not exceeding 1 month, or to a fine not exceeding level
3 on the standard scale, or to both.

(5) An appropriate person is—

(a) a National Crime Agency officer, a Financial Conduct Authority
officer or a member of the staff of the relevant Director, if the
10warrant was issued for the purposes of a civil recovery
investigation;

(b) a National Crime Agency officer, if the warrant was issued for
the purposes of an exploitation proceeds investigation.

(6) In relation to an offence committed before the coming into force of
15section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales)—

(a) the reference in subsection (3)(a) to 51 weeks is to be read as a
reference to 6 months;

(b) the reference in subsection (4)(a) to 51 weeks is to be read as a
20reference to 1 month.”

18 Assault and obstruction offence in relation to SFO officers

After section 453A of the Proceeds of Crime Act 2002 insert—

453B Certain offences in relation to SFO officers

(1) A person commits an offence if the person assaults an SFO officer who
25is acting in the exercise of a relevant power.

(2) A person commits an offence if the person resists or wilfully obstructs
an SFO officer who is acting in the exercise of a relevant power.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to
30imprisonment for a term not exceeding 51 weeks, or to a fine, or
to both;

(b) on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 6 months, or to a fine not exceeding
level 5 on the standard scale, or to both.

(4) 35A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction in England and Wales, to
imprisonment for a term not exceeding 51 weeks, or to a fine not
exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment
40for a term not exceeding 1 month, or to a fine not exceeding level
3 on the standard scale, or to both.

(5) In this section “relevant power” means a power exercisable under any
of the following—

(a) sections 47C to 47F or 195C to 195F (powers to seize and search
45for realisable property);

(b) section 289 (powers to search for cash);

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(c) section 294 (power to seize cash);

(d) section 295(1) (power to detain seized cash);

(e) section 303C (powers to search for a listed asset);

(f) section 303J (powers to seize property);

(g) 5section 303K (powers to detain seized property);

(h) a search and seizure warrant under section 352.

(6) In relation to an offence committed before the coming into force of
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for certain summary offences: England and Wales)—

(a) 10the reference in subsection (3)(a) to 51 weeks is to be read as a
reference to 6 months;

(b) the reference in subsection (4)(a) to 51 weeks is to be read as a
reference to 1 month.”

19 Obstruction offence in relation to immigration officers

15After section 453B of the Proceeds of Crime Act 2002 (inserted by section 18
above) insert—

453C Obstruction offence in relation to immigration officers

(1) A person commits an offence if the person resists or wilfully obstructs
an immigration officer who is acting in the exercise of a relevant power.

(2) 20A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to
imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Scotland, to imprisonment for a term
25not exceeding 12 months, to a fine not exceeding level 3 on the
standard scale, or to both;

(c) on summary conviction in Northern Ireland, to imprisonment
for a term not exceeding 1 month, to a fine not exceeding level 3
on the standard scale, or to both.

(3) 30In this section “relevant power” means a power exercisable under—

(a) sections 47C to 47F, 127C to 127F or 195C to 195F (powers to
seize and search for realisable property);

(b) section 289 as applied by section 24 of the UK Borders Act 2007
(powers to search for cash);

(c) 35section 294 as so applied (powers to seize cash);

(d) section 295(1) as so applied (power to detain seized cash);

(e) a search and seizure warrant issued under section 352; or

(f) a search and seizure warrant issued under section 387.

(4) The power conferred by subsection (5) of section 28A of the
40Immigration Act 1971 (arrest without warrant) applies in relation to an
offence under this section as it applies in relation to an offence under
section 26(1)(g) of that Act (and subsections (6) to (9), (10) and (11) of
section 28A of that Act apply accordingly).

(5) In relation to an offence committed before the coming into force of
45section 281(5) of the Criminal Justice Act 2003 (alteration of penalties

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for certain summary offences: England and Wales) the reference in
subsection (2)(a) to 51 weeks is to be read as a reference to 6 months.”

20 External requests, orders and investigations

(1) Part 11 of the Proceeds of Crime Act 2002 (co-operation) is amended as follows.

(2) 5In section 444 (external requests and orders), in subsection (3), after paragraph
(a) insert—

(aa) provision creating offences in relation to external requests and
orders which are equivalent to the offences created by section
453B;”.

(3) 10In section 445 (external investigations), in subsection (1)(b), after “Part 8” insert
“and section 453B”.

CHAPTER 5 Miscellaneous

Meaning of “bank”

21 Seized money: England and Wales

(1) 15Section 67 of the Proceeds of Crime Act 2002 (seized money) is amended as
follows.

(2) In subsection (8), for paragraph (a) substitute—

(a) “bank” means an authorised deposit taker, other than a
building society, that has its head office or a branch in the
20United Kingdom;”.

(3) After subsection (8) insert—

(9) In subsection (8)(a) “authorised deposit-taker” means—

(a) a person who has permission under Part 4A of the Financial
Services and Markets Act 2000 to accept deposits;

(b) 25a person who—

(i) is specified, or is within a class of persons specified, by
an order under section 38 of that Act (exemption
orders), and

(ii) accepts deposits;

(c) 30an EEA firm of the kind mentioned in paragraph 5(b) of
Schedule 3 to that Act that has permission under paragraph 15
of that Schedule (as a result of qualifying for authorisation
under paragraph 12(1) of that Schedule) to accept deposits.

(10) A reference in subsection (9) to a person or firm with permission to
35accept deposits does not include a person or firm with permission to do
so only for the purposes of, or in the course of, an activity other than
accepting deposits.”

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22 Seized money: Northern Ireland

(1) Section 215 of the Proceeds of Crime Act 2002 (seized money) is amended as
follows.

(2) In subsection (8), for paragraph (a) substitute—

(a) 5“bank” means an authorised deposit taker, other than a
building society, that has its head office or a branch in the
United Kingdom;”.

(3) After subsection (8) insert—

(9) In subsection (8)(a) “authorised deposit-taker” means—

(a) 10a person who has permission under Part 4A of the Financial
Services and Markets Act 2000 to accept deposits;

(b) a person who—

(i) is specified, or is within a class of persons specified, by
an order under section 38 of that Act (exemption
15orders), and

(ii) accepts deposits;

(c) an EEA firm of the kind mentioned in paragraph 5(b) of
Schedule 3 to that Act that has permission under paragraph 15
of that Schedule (as a result of qualifying for authorisation
20under paragraph 12(1) of that Schedule) to accept deposits.

(10) A reference in subsection (9) to a person or firm with permission to
accept deposits does not include a person or firm with permission to do
so only for the purposes of, or in the course of, an activity other than
accepting deposits.”

25Miscellaneous provisions relating to Scotland

23 Seized money

After section 131 of the Proceeds of Crime Act 2002 insert—

“Seized money
131ZA Seized money

(1) 30This section applies to money which—

(a) is held by a person, and

(b) is held in an account maintained by the person with a bank or
building society.

(2) This section also applies to money which is held by a person and
35which—

(a) has been seized by a constable of the Police Service of Scotland
under a relevant seizure power, and

(b) is being detained by the Police Service of Scotland for the
purposes of or in connection with a criminal investigation or
40prosecution.

(3) This section also applies to money which is held by a person and
which—

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(a) has been seized by an officer of Revenue and Customs under a
relevant seizure power, and

(b) is being detained by Her Majesty’s Revenue and Customs for
the purposes of or in connection with a criminal investigation or
5prosecution.

(4) Subsection (5) applies if—

(a) a confiscation order is made against a person holding money to
which this section applies, and

(b) an administrator has not been appointed under section 128 in
10relation to the money.

(5) The relevant court may order the appropriate person to pay, within
such period as the court may specify, the money or a portion of it
specified by the court to the appropriate clerk of court on account of the
amount payable under the confiscation order.

(6) 15An order under subsection (5) may be made—

(a) on the application of the prosecutor, or

(b) by the relevant court of its own accord.

(7) The Scottish Ministers may by regulations amend this section so that it
applies not only to money held in an account maintained with a bank
20or building society but also to—

(a) money held in an account maintained with a financial
institution of a specified kind, or

(b) money that is represented by, or may be obtained from, a
financial instrument or product of a specified kind.

(8) 25Regulations under subsection (7) may amend this section so that it
makes provision about realising an instrument or product within
subsection (7)(b) or otherwise obtaining money from it.

(9) In this section—

  • “appropriate clerk of court”, in relation to a confiscation order,
    30means the sheriff clerk of the sheriff court responsible for
    enforcing the confiscation order under section 211 of the
    Procedure Act as applied by section 118(1);

  • “appropriate person”, in relation to money to which this section
    applies, means—

    (a)

    35where the money is held in an account maintained by a
    bank or building society, the bank or building society,

    (b)

    where the money is being detained by the Police Service
    of Scotland, the chief constable of the Police Service of
    Scotland,

    (c)

    40where the money is being detained by Her Majesty’s
    Revenue and Customs, the Commissioners for Her
    Majesty’s Revenue and Customs;

  • “bank” means an authorised deposit-taker, other than a building
    society, that has its head office or a branch in the United
    45Kingdom;

  • “building society” has the same meaning as in the Building
    Societies Act 1986;

  • “relevant court”, in relation to a confiscation order, means—

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    (a)

    the court which makes the confiscation order, or

    (b)

    the sheriff court responsible for enforcing the
    confiscation order under section 211 of the Procedure
    Act as applied by section 118(1);

  • 5“relevant seizure power” means a power to seize money conferred
    by or by virtue of—

    (a)

    a warrant granted under any enactment or rule of law,
    or

    (b)

    any enactment, or rule of law, under which the authority
    10of a warrant is not required.

(10) In the definition of “bank” in subsection (9), “authorised deposit-taker”
means—

(a) a person who has permission under Part 4A of the Financial
Services and Markets Act 2000 to accept deposits;

(b) 15a person who—

(i) is specified, or is within a class of persons specified, by
an order under section 38 of that Act (exemption
orders), and

(ii) accepts deposits;

(c) 20an EEA firm of the kind mentioned in paragraph 5(b) of
Schedule 3 to that Act that has permission under paragraph 15
of that Schedule (as a result of qualifying for authorisation
under paragraph 12(1) of that Schedule) to accept deposits.

(11) A reference in subsection (10) to a person or firm with permission to
25accept deposits does not include a person or firm with permission to do
so only for the purposes of, or in the course of, an activity other than
accepting deposits.”

24 Recovery orders relating to heritable property

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

(2) 30In section 266 (recovery orders), after subsection (8) insert—

(8ZA) If the recoverable property in respect of which the Court of Session
makes a recovery order includes heritable property, the Court of
Session must, on the application of the enforcement authority, also
grant decree of removing and warrant for ejection, enforceable by the
35trustee for civil recovery, in relation to any persons occupying the
heritable property.”

(3) In section 267(3) (functions of trustee for civil recovery), after paragraph (b)
insert—

(“ba) if decree of removing and warrant for ejection is granted
40by the Court of Session under section 266(8ZA), to
enforce the decree and warrant,”.

25 Money received by administrators

(1) Paragraph 6 of Schedule 3 to the Proceeds of Crime Act 2002 (money received
by administrator) is amended as follows.

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(2) In sub-paragraph (1) for “an appropriate bank or institution” substitute “a bank
or building society”.

(3) For sub-paragraph (3) substitute—

(3) In sub-paragraph (1)—

(a) 5“bank” means an authorised deposit taker, other than a
building society, that has its head office or a branch in the
United Kingdom;

(b) “building society” has the same meaning as in the Building
Societies Act 1986.

(4) 10In sub-paragraph (3)(a) “authorised deposit-taker” means—

(a) a person who has permission under Part 4A of the Financial
Services and Markets Act 2000 to accept deposits;

(b) a person who—

(i) is specified, or is within a class of persons specified,
15by an order under section 38 of that Act (exemption
orders), and

(ii) accepts deposits;

(c) an EEA firm of the kind mentioned in paragraph 5(b) of
Schedule 3 to that Act that has permission under paragraph
2015 of that Schedule (as a result of qualifying for authorisation
under paragraph 12(1) of that Schedule) to accept deposits.

(5) A reference in sub-paragraph (4) to a person or firm with permission
to accept deposits does not include a person or firm with permission
to do so only for the purposes of, or in the course of, an activity other
25than accepting deposits.”

Other miscellaneous provisions

26 Accredited financial investigators

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

(2) In section 47G (appropriate approval for exercise of search and seizure powers
30in England and Wales), in subsection (3)—

(a) after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited
financial investigator who is—

(i) a member of the civilian staff of a police force in
35England and Wales (including the metropolitan
police force), within the meaning of Part 1 of the
Police Reform and Social Responsibility Act
2011, or

(ii) a member of staff of the City of London police
40force,

a senior police officer,”;

(b) in paragraph (c) after “investigator”, in the first place it occurs, insert
“who does not fall within paragraph (ba)”.

(3) In section 195G (appropriate approval for exercise of search and seizure
45powers in Northern Ireland), in subsection (3)—

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(a) after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited
financial investigator who is a member of staff of the
Police Service of Northern Ireland, a senior police
5officer,”;

(b) in paragraph (c) after “investigator”, in the first place it occurs, insert
“who does not fall within paragraph (ba)”.

(4) In section 290 (prior approval for exercise of search powers in relation to cash),
in subsection (4)—

(a) 10after paragraph (b) insert—

(ba) in relation to the exercise of a power by an accredited
financial investigator who is—

(i) a member of the civilian staff of a police force in
England and Wales (including the metropolitan
15police force), within the meaning of Part 1 of the
Police Reform and Social Responsibility Act
2011,

(ii) a member of staff of the City of London police
force, or

(iii) 20a member of staff of the Police Service of
Northern Ireland,

a senior police officer,”;

(b) in paragraph (c) after “investigator”, in the first place it occurs, insert
“who does not fall within paragraph (ba)”.

27 25Confiscation investigations: determination of the available amount

In section 341(1) of the Proceeds of Crime Act 2002 (confiscation
investigations), at the beginning of paragraph (c) insert “the available amount
in respect of the person or”.

28 Confiscation orders and civil recovery: minor amendments

(1) 30The Proceeds of Crime Act 2002 is amended in accordance with subsections (2)
to (5).

(2) In section 82 (free property), in subsection (3)(b) for “or 297D” substitute “,
297D or 298(4)”.

(3) In section 245D (restriction on proceedings and remedies), in subsection (1)(b)
35after “levied” insert “, and no power to use the procedure in Schedule 12 to the
Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be
exercised,”.

(4) In section 302 (compensation), in subsection (7A)(a)(i), for “that Part of that
Act” substitute “Part 1 of the Police Reform and Social Responsibility Act
402011”.

(5) In section 306 (mixing property), in subsection (3) after paragraph (c) insert—

(ca) for the discharge (in whole or in part) of a mortgage, charge or
other security,”.

(6) In section 8 of the Serious Crime Act 2015 (variation or discharge of