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 11 — Powers to recover cash: financial investigators
115

11
After section 302(7) insert—
“(7A)
If the cash was seized by an accredited financial investigator who
was not an officer of Revenue and Customs or a constable, the
compensation is to be paid as follows—
(a)
in the case of an investigator—
5
(i)
who was employed by a police authority in England
and Wales under section 15 of the Police Act 1996
(c. 16) and was under the direction and control of the
chief officer of police of the police force maintained by
the authority, or
10
(ii)
who was a member of staff of the City of London
police force,

it is to be paid out of the police fund from which the expenses
of the police force are met,
(b)
in the case of an investigator who was a member of staff of the
15
Police Service of Northern Ireland, it is to be paid out of
money provided by the Chief Constable,
(c)
in the case of an investigator who was a member of staff of a
department of the Government of the United Kingdom, it is
to be paid by the Minister of the Crown in charge of the
20
department or by the department,
(d)
in the case of an investigator who was a member of staff of a
Northern Ireland department, it is to be paid by the
department,
(e)
in any other case, it is to be paid by the employer of the
25
investigator.
(7B)
The Secretary of State may by order amend subsection (7A).”
12
After section 303 insert—
“303A
Financial investigators
(1)
In this Chapter (apart from this section) any reference in a provision
30
to an accredited financial investigator is a reference to an accredited
financial investigator who falls within a description specified in an
order made for the purposes of that provision by the Secretary of
State under section 453.
(2)
Subsection (1) does not apply to the second reference to an accredited
35
financial investigator in section 290(4)(c).
(3)
Where an accredited financial investigator of a particular
description—
(a)
applies for an order under section 295,
(b)
applies for forfeiture under section 298, or
40
(c)
brings an appeal under, or relating to, this Chapter,

any subsequent step in the application or appeal, or any further
application or appeal relating to the same matter, may be taken,
made or brought by a different accredited financial investigator of
the same description.”
45

Serious Crime Bill [HL]
Schedule 12 — Revenue and Customs: regulation of investigatory powers
116

Other amendments to 2002 Act
13
In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of
information by the Director of the Assets Recovery Agency) before “or”
insert “, an accredited financial investigator”.
14    (1)
Section 459 of that Act (orders and regulations) is amended as follows.
5
      (2)
In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert
“302(7B),”.
      (3)
In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),”
insert “302(7B),”.
      (4)
After subsection (6) insert—
10
“(6A)
If a draft of an order under section 302(7B) would, apart from this
subsection, be treated as a hybrid instrument for the purposes of the
standing orders of either House of Parliament, it shall proceed in that
House as if it were not a hybrid instrument.”
Amendments to other enactments
15
15
In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act
2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs”
insert “, an accredited financial investigator”.
16
In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005
(c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after
20
“Customs” insert “, an accredited financial investigator”.
Schedule 12
Section 77

Revenue and Customs: regulation of investigatory powers
Police Act 1997 (c. 50)
1
In section 93 of the Police Act 1997 (authorisations to interfere with property,
25
&c.)—
(a)
in subsection (1B) for “customs officer” substitute “an officer of
Revenue and Customs”;
(b)
in subsection (3)(d) for “a customs officer” substitute “an officer of
Revenue and Customs”; and
30
(c)
for subsection (5)(h) substitute—
“(h)
an officer of Revenue and Customs designated for the
purposes of this paragraph by the Commissioners for
Her Majesty’s Revenue and Customs;”.
2
In section 94(2)(f) of that Act (urgency) for “by a customs officer designated
35
by the Commissioners of Customs and Excise” substitute “by an officer of
Revenue and Customs designated by the Commissioners for Her Majesty’s
Revenue and Customs”.

Serious Crime Bill [HL]
Schedule 12 — Revenue and Customs: regulation of investigatory powers
117

3
In section 107(4)(c) of that Act (supplementary) for “the Commissioners of
Customs and Excise.” substitute “the Commissioners for Her Majesty’s
Revenue and Customs.”
4
In section 108(1) of that Act (interpretation) omit the definition of “customs
officer”.
5
Regulation of Investigatory Powers Act 2000 (c. 23)
5
The Regulation of Investigatory Powers Act 2000 is amended as follows.
6
In section 6(2)(h) (application for issue of interception warrant) for “the
Commissioners of Customs and Excise” substitute “the Commissioners for
Her Majesty’s Revenue and Customs”.
10
7
In section 21(5)(c) (acquisition of data, &c.) for “customs officers).” substitute
“officers of Revenue and Customs).”
8
In the definition of “relevant public authority” in section 25(1)
(communications data: interpretation) for paragraphs (d) and (e)
substitute—
15
“(d)
Her Majesty’s Revenue and Customs;”.
9
In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).”
substitute “officers of Revenue and Customs).”
10
For section 32(6)(m) (authorisation of intrusive surveillance) substitute—
“(m)
an officer of Revenue and Customs designated for the
20
purposes of this paragraph by the Commissioners for Her
Majesty’s Revenue and Customs;”.
11
In section 33 (surveillance: authorisation)—
(a)
for subsection (2) substitute—
“(2)
A person who is a designated person for the purposes of
25
section 28 or 29 by reference to office, rank or position in Her
Majesty’s Revenue and Customs shall not grant an
authorisation under that section except on an application
made by an officer of Revenue and Customs.”;
(b)
for subsection (4) substitute—
30
“(4)
A person who is a senior authorising officer by virtue of a
designation by the Commissioners for Her Majesty’s
Revenue and Customs shall not grant an authorisation for the
carrying out of intrusive surveillance except on an
application made by an officer of Revenue and Customs.”;
35
and
(c)
in subsection (5)(a) for “a customs officer” substitute “an officer of
Revenue and Customs”;

(and in the italic cross-heading before section 33 for “customs” substitute
“Revenue and Customs”).
40
12
In section 34 (grant of authorisation in senior officer’s absence)—
(a)
in subsection (1) for “a customs officer;” substitute “an officer of
Revenue and Customs;”;

Serious Crime Bill [HL]
Schedule 12 — Revenue and Customs: regulation of investigatory powers
118

(b)
in subsection (2)(a) for “the Commissioners of Customs and Excise,”
substitute “the Commissioners for Her Majesty’s Revenue and
Customs,”; and
(c)
in subsection (4)(l) for “the Commissioners of Customs and Excise,”
substitute “the Commissioners for Her Majesty’s Revenue and
5
Customs,”.
13
In section 35 (intrusive surveillance authorisation: notification)—
(a)
in subsection (1) for “customs” substitute “Revenue and Customs”;
(b)
in subsection (10) for “customs” substitute “Revenue and Customs”;
and
10
(c)
in subsection (10)(b) for “the Commissioners of Customs and
Excise;” substitute “the Commissioners for Her Majesty’s Revenue
and Customs;”.
14
In section 36 (approval required for authorisation of intrusive surveillance
to take effect)—
15
(a)
for subsection (1)(d) substitute—
“(d)
an officer of Revenue and Customs;”; and
(b)
for subsection (6)(g) substitute—
“(g)
where the authorisation was granted by an officer of
Revenue and Customs, the officer of Revenue and
20
Customs for the time being designated for the
purposes of this paragraph by a written notice given
to the Chief Surveillance Commissioner by the
Commissioners for Her Majesty’s Revenue and
Customs;”.
25
15
For section 37(1)(d) (quashing authorisations) substitute—
“(d)
an officer of Revenue and Customs;”

(and in the heading to that section for “customs” substitute “Revenue and
Customs”).
16
For section 40(d) (information) substitute—
30
“(d)
every officer of Revenue and Customs,”.
17
In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—
“(e)
the Commissioners for Her Majesty’s Revenue and
Customs;”.
18
In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute
35
“officers of Revenue and Customs).”
19
In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs
and excise” substitute (in each place) “Her Majesty’s Revenue and
Customs”.
20
In section 51 (cases where key required)—
40
(a)
for “the customs and excise” (in each place) substitute “Her Majesty’s
Revenue and Customs”; and
(b)
for “the Commissioners of Customs and Excise” (in each place)
substitute “the Commissioners for Her Majesty’s Revenue and
Customs”.
45
21
In section 54(3) (secrecy) for “the customs and excise” substitute (in each
place) “Her Majesty’s Revenue and Customs”.

Serious Crime Bill [HL]
Schedule 12 — Revenue and Customs: regulation of investigatory powers
119

22
For section 55(1)(c) (general duty in relation to encrypted data) substitute—
“(c)
the Commissioners for Her Majesty’s Revenue and
Customs;”.
23
In section 56(1) (interpretation) omit the definition of “the customs and
excise”.
5
24
For section 65(6)(f) (the Tribunal) substitute—
“(f)
the Commissioners for Her Majesty’s Revenue and
Customs;”.
25
In section 71(2)(c) (codes of practice) for “customs and excise” substitute
“Her Majesty’s Revenue and Customs”.
10
26
In section 76A(11) (foreign surveillance operations) for paragraph (d) of the
definition of “United Kingdom officer” substitute—
“(d)
an officer of Revenue and Customs.”
27
In section 81(1) (interpretation) omit the definition of “customs officer”.
28
In Schedule 1 (surveillance authorisation: relevant authorities) for
15
paragraphs 7 and 8 substitute—
“Revenue and Customs
7
Her Majesty’s Revenue and Customs.”
29    (1)
In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data:
disclosure: permission) for “customs and excise” or “the customs and excise”
20
(in each place) substitute “Her Majesty’s Revenue and Customs”.
      (2)
In paragraph 6(4) of that Schedule—
(a)
for “A person commissioned by the Commissioners of Customs and
Excise” substitute “An officer of Revenue and Customs”;
(b)
for “those Commissioners themselves” substitute “the
25
Commissioners for Her Majesty’s Revenue and Customs”;
(c)
for “their department” substitute “Revenue and Customs”; and
(d)
for “they” substitute “the Commissioners”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
30
The following paragraphs of Schedule 2 to the Commissioners for Revenue
30
and Customs Act 2005 (which restrict the class of functions in connection
with which certain powers may be used) shall cease to have effect—
(a)
paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and
(b)
paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss.
6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).
35
31
Nothing in section 6 or 7 of the Commissioners for Revenue and Customs
Act 2005 (initial functions) restricts the functions in connection with which
Her Majesty’s Revenue and Customs may exercise a power under an
enactment amended by this Schedule.