Serious Crime Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Serious Crime Bill [HL]

Serious Crime Bill [HL]
Schedule 9 — Transfers to SOCA or NPIA
108

      (3)
After paragraph 4(5) (consultation: Scotland or Northern Ireland) insert—
    “(6)
This paragraph does not apply to any exercise of the Agency’s
power under paragraph 2(1) which is for the purposes of attaining
the object mentioned in paragraph 1(ea) (accreditation and
training of financial investigators).”
5
      (4)
After paragraph 6(4) (strategic priorities) insert—
   “(4A)
Before determining strategic priorities for the Agency in relation
to its functions under section 3 of the Proceeds of Crime Act 2002
(c. 29) (accreditation and training of financial investigators), the
Secretary of State must (in addition to those required above)
10
consult such other persons as the Secretary of State considers
appropriate.”
      (5)
In paragraph 35 (payments by Agency to police authorities) after “objects”
insert “(other than the object mentioned in paragraph 1(ea): accreditation
and training of financial investigators)”.
15
Schedule 9
Section 68(3)

Transfers to SOCA or NPIA
Interpretation
1
In this Schedule—
“the Agency” means the Assets Recovery Agency;
20
“the Director” means the Director of the Assets Recovery Agency;
“NPIA” means the National Policing Improvement Agency; and
“transfer scheme” means a scheme made by the Secretary of State under
this Schedule.
Director and staff of Agency
25
2     (1)
A transfer scheme may provide for a person who is the Director or a member
of staff of the Agency to become an employee of SOCA or NPIA.
      (2)
If the person had a contract of employment before becoming an employee of
SOCA or NPIA, the scheme may provide for that contract to have effect
(subject to any necessary modifications) as if originally made between him
30
and SOCA or (as the case may be) NPIA.
      (3)
If the person did not have a contract of employment, the scheme may
provide for the terms and conditions of his appointment or service to have
effect (subject to any necessary modifications) as the terms and conditions of
his contract of employment with SOCA or (as the case may be) NPIA.
35
3     (1)
A transfer scheme may provide—
(a)
for any secondment by virtue of which a person serves as the
Director or a member of staff of the Agency to have effect as a
secondment to SOCA or NPIA; and
(b)
for him to serve as a member of the staff of SOCA or (as the case may
40
be) NPIA.

Serious Crime Bill [HL]
Schedule 9 — Transfers to SOCA or NPIA
109

      (2)
The scheme may make provision as to the terms and conditions which are to
have effect as the terms and conditions of his secondment to SOCA or (as the
case may be) NPIA.
4     (1)
A transfer scheme may provide—
(a)
for the transfer to SOCA or (as the case may be) NPIA of the rights,
5
powers, duties and liabilities of the employer under or in connection
with the contract of employment of a person who becomes a member
of the staff of SOCA or NPIA by virtue of the scheme;
(b)
for anything done before that transfer by, or in relation to, the
employer in respect of such a contract or the employee to be treated
10
as having been done by, or in relation to, SOCA or (as the case may
be) NPIA.
      (2)
Sub-paragraph (1) applies with the necessary modifications in relation to a
person who before becoming a member of the staff of SOCA or NPIA—
(a)
did not have a contract of employment; or
15
(b)
held an appointment by virtue of a secondment.
      (3)
A transfer scheme may make provision for periods before a person became
an employee of SOCA or NPIA to count as periods of employment with
SOCA or (as the case may be) NPIA (and for the operation of the scheme not
to be treated as having interrupted the continuity of that employment).
20
5     (1)
A transfer scheme may provide for a person who—
(a)
is the Director or a member of staff of the Agency; and
(b)
would otherwise become a member of the staff of SOCA or NPIA by
the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA
25
if he gives notice objecting to the operation of the scheme in relation to him.
      (2)
A transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
6     (1)
A transfer scheme may provide for the termination of an appointment as the
30
Director or a member of staff of the Agency.
      (2)
The Secretary of State may make a payment of such amount (if any) as he
may determine to the person who held the appointment.
Property, rights and liabilities etc.
7     (1)
A transfer scheme may provide for the transfer to SOCA or NPIA of
35
property, rights and liabilities of the Director or the Agency.
      (2)
The scheme may create rights, or impose liabilities, in relation to property,
rights and liabilities transferred by virtue of the scheme.
      (3)
The scheme may provide for things done by or in relation to persons to
whom sub-paragraph (4) applies to be—
40
(a)
treated as done by or in relation to SOCA or members of the staff of
SOCA or (as the case may be) NPIA or members of the staff of NPIA;
(b)
continued by or in relation to SOCA or members of the staff of SOCA
or (as the case may be) NPIA or members of the staff of NPIA.
      (4)
This sub-paragraph applies to—
45

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
110

(a)
the Director;
(b)
members of staff of the Agency.
      (5)
The scheme may, in particular, make provision about the continuation of
legal proceedings.
8
A transfer scheme may provide for SOCA or NPIA to make any payment
5
which—
(a)
before a day specified in the scheme could have been made by the
Director or a member of staff of the Agency; but
(b)
is not a liability which can be transferred by virtue of paragraph 7.
Supplementary
10
9     (1)
A transfer scheme may contain—
(a)
further provision in connection with any of the matters to which
paragraphs 2 to 8 relate;
(b)
the provision mentioned in sub-paragraph (3).
      (2)
The provision which may be made under sub-paragraph (1)(a) includes
15
provision as to the consequences of the termination of a person’s
appointment or employment by or by virtue of the scheme.
      (3)
The provision mentioned in this sub-paragraph is provision—
(a)
for the Secretary of State, or any other person nominated by or in
accordance with the scheme, to determine any matter requiring
20
determination under or in consequence of the scheme; and
(b)
as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of paragraph
(a).
10
Before making a transfer scheme which contains any provision relating to
25
the Director or the members of staff of the Agency, the Secretary of State
must consult such bodies appearing to represent the interests of the persons
concerned as he considers appropriate.
11
A transfer scheme is not an order of the Secretary of State for the purposes
of section 79.
30
Schedule 10
Section 71

Detained cash investigations: further provision
Amendments of the Proceeds of Crime Act 2002
1
The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as
follows.
35
2
In section 342(1) (offences of prejudicing investigation) after “a civil recovery
investigation” insert “, a detained cash investigation”.
3
In section 343(3) (judges) after “a civil recovery investigation” insert “or a
detained cash investigation”.

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
111

4
In section 344(b) (courts) after “a civil recovery investigation” insert “or a
detained cash investigation”.
5
In section 350(5)(b) (government departments) after “a civil recovery
investigation” insert “or a detained cash investigation”.
6
In section 351(8) (supplementary) after “a civil recovery investigation” insert
5
“or a detained cash investigation”.
7     (1)
Section 352 (search and seizure warrants) is amended as follows.
      (2)
In subsection (3)(c) after “(7)” insert “, (7A), (7B)”.
      (3)
After subsection (5)(b) insert—
“(c)
a constable or an officer of Revenue and Customs, if the
10
warrant is sought for the purposes of a detained cash
investigation.”
8     (1)
Section 353 (requirements where production order not available) is
amended as follows.
      (2)
In subsection (5)(a) after “(7)” insert “, (7A), (7B)”.
15
      (3)
After subsection (10)(b) insert—
“(c)
a constable or an officer of Revenue and Customs, if the
warrant is sought for the purposes of a detained cash
investigation.”
9     (1)
Section 356 (further provisions: civil recovery) is amended as follows.
20
      (2)
In the heading after “civil recovery” insert “and detained cash”.
      (3)
In subsection (1) after “civil recovery investigations” insert “or detained cash
investigations”.
      (4)
In subsection (6) after “If” insert “, in the case of civil recovery
investigations,”.
25
      (5)
In subsection (10) for the words from “if” to “reasonable” substitute “if the
appropriate person has reasonable”.
      (6)
After subsection (10) insert—
“(11)
The appropriate person is—
(a)
the Director, if the warrant was issued for the purposes of a
30
civil recovery investigation;
(b)
a constable or an officer of Revenue and Customs, if the
warrant was issued for the purposes of a detained cash
investigation.”
10
In section 357(2) (investigations to which disclosure orders do not apply)
35
after “to a” insert “detained cash investigation or a”.
11
In section 363 (customer information orders) after subsection (1) insert—
“(1A)
No application for a customer information order may be made in
relation to a detained cash investigation.”

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
112

12
In section 370 (account monitoring orders) after subsection (1) insert—
“(1A)
No application for an account monitoring order may be made in
relation to a detained cash investigation.”
13
In section 378 (officers) after subsection (3) insert—
“(3A)
In relation to a detained cash investigation these are appropriate
5
officers—
(a)
a constable;
(b)
an officer of Revenue and Customs.”
14
In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in
making production orders in certain cases) after “a civil recovery
10
investigation” insert “or a detained cash investigation”.
15
In section 385(4)(b) (government departments: Scotland) after “a civil
recovery investigation” insert “or a detained cash investigation”.
16
In section 386(3)(b) (rules of court in connection with production orders and
orders to grant entry: Scotland) after “a civil recovery investigation” insert
15
“or a detained cash investigation”.
17
In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in
issuing search warrants in certain cases) after “a civil recovery investigation”
insert “or a detained cash investigation”.
18
In section 388(5)(a) (requirements where production order not available:
20
Scotland) after “(7)” insert “, (7A), (7B)”.
19    (1)
Section 390 (further provisions: confiscation, civil recovery and money
laundering: Scotland) is amended as follows.
      (2)
In the heading after “civil recovery” insert “, detained cash”.
      (3)
In subsection (1) after “civil recovery investigations” insert “, detained cash
25
investigations”.
      (4)
In subsection (5) after “a civil recovery investigation” insert “or a detained
cash investigation”.
      (5)
In subsection (6) after “a civil recovery investigation” insert “or a detained
cash investigation”.
30
      (6)
In subsection (7) after “a civil recovery investigation” insert “or a detained
cash investigation”.
20
In section 391(2) (investigations to which disclosure orders do not apply:
Scotland) after “to a” insert “detained cash investigation or a”.
21
In section 397 (customer information orders: Scotland) after subsection (1)
35
insert—
“(1A)
No application for a customer information order may be made in
relation to a detained cash investigation.”
22
In section 404 (account monitoring orders: Scotland) after subsection (1)
insert—
40
“(1A)
No application for an account monitoring order may be made in
relation to a detained cash investigation.”

Serious Crime Bill [HL]
Schedule 11 — Powers to recover cash: financial investigators
113

23    (1)
Section 412 (interpretation: Scotland) is amended as follows.
      (2)
In the definition of “appropriate person”, in paragraph (b), after “a civil
recovery investigation” insert “or a detained cash investigation”.
      (3)
In the definition of “proper person”, in paragraph (b), after “a civil recovery
investigation” insert “or a detained cash investigation”.
5
24    (1)
Section 416 (other interpretative provisions) is amended as follows.
      (2)
In subsection (1) after “confiscation investigation: section 341(1)” insert—
“detained cash investigation: section 341(3A)”.
      (3)
After subsection (7) insert—
“(7A)
“Unlawful conduct” has the meaning given by section 241.”
10
25
In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery
investigation” insert “or a detained cash investigation”.
Other amendments
26
In section 18(2)(f) of the Civil Jurisdiction and Judgments Act 1982 (c. 27)—
(a)
after “a civil recovery investigation” insert “or a detained cash
15
investigation”; and
(b)
for “meaning” substitute “meanings”.
27
In section 64(3)(aa) of the Criminal Justice and Police Act 2001 (c. 16) after “a
civil recovery investigation” insert “or a detained cash investigation”.
28
In Schedule 2 to the Commissioners for Revenue and Customs Act 2005
20
(c. 11) (functions of Commissioners and officers: restrictions etc.), after
paragraph 13, insert—
“13A
The powers conferred on an officer of Revenue and Customs by
virtue of section 352(5)(c), 353(10)(c), 356(11)(b) or 378(3A)(b) of
the Act of 2002 (powers in relation to search and seizure warrants
25
and production orders) are exercisable only in relation to cash
seized in accordance with paragraph 13 above by an officer of
Revenue and Customs under section 294 of that Act.”
Schedule 11
Section 73

Powers to recover cash: financial investigators
30
Amendments to Chapter 3 of Part 5 of 2002 Act
1
Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash
in summary proceedings) is amended in accordance with paragraphs 2 to 12.
2     (1)
Section 289 (powers to search for cash) is amended as follows.
      (2)
In subsection (1)—
35
(a)
for “or constable who” substitute “, a constable or an accredited
financial investigator”; and
(b)
after “premises”, where it first appears, insert “and”.

Serious Crime Bill [HL]
Schedule 11 — Powers to recover cash: financial investigators
114

      (3)
In subsection (2) for “or constable” substitute “, a constable or an accredited
financial investigator”.
      (4)
In subsections (3) and (4) for “or constable” substitute “, constable or
accredited financial investigator”.
      (5)
In subsection (5), after paragraph (b), insert—
5
“(c)
are exercisable by an accredited financial investigator only in
relation to premises or (as the case may be) suspects in
England, Wales or Northern Ireland.”
3     (1)
Section 290 (prior approval by senior officer) is amended as follows.
      (2)
In subsection (4), after paragraph (b), insert—
10
“(c)
in relation to the exercise of the power by an accredited
financial investigator, an accredited financial investigator
who falls within a description specified in an order made for
this purpose by the Secretary of State under section 453.”
      (3)
In subsection (6) for “or constable” substitute “, constable or accredited
15
financial investigator”.
4
In section 291(2) (report on exercise of powers) for “or constable” substitute
“, constable or accredited financial investigator”.
5     (1)
Section 292 (code of practice) is amended as follows.
      (2)
In subsection (1) after “constables” insert “and accredited financial
20
investigators”.
      (3)
In subsection (6) for “or constable” substitute “, a constable or an accredited
financial investigator”.
6     (1)
Section 294 (seizure of cash) is amended as follows.
      (2)
In subsections (1) and (2) for “or constable” substitute “, a constable or an
25
accredited financial investigator”.
      (3)
After subsection (3) insert—
“(4)
This section does not authorise the seizure by an accredited financial
investigator of cash found in Scotland.”
7     (1)
Section 295 (detention of seized cash) is amended as follows.
30
      (2)
In subsection (1) for “or constable” substitute “, constable or accredited
financial investigator”.
      (3)
In subsection (4)(a) for “or a constable” substitute “, a constable or an
accredited financial investigator”.
8
In section 296(2) (release of part of cash seized) for “or constable” substitute
35
“, constable or accredited financial investigator”.
9
In section 297(4) (release of detained cash) after “constable” insert “or
accredited financial investigator”.
10
In section 298(1)(a) (power to apply for forfeiture) before “or” insert “, an
accredited financial investigator”.
40