|
| |
|
(b) | in paragraph (c) for “, 198 or 200” substitute “or 198”. |
| |
| |
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” |
| 5 |
substitute “enforcement authority”. |
| |
87 (1) | Section 280 (applying realised proceeds) is amended as follows. |
| |
| |
(a) | for “Director” substitute “enforcement authority (unless it is the |
| |
Scottish Ministers)”; and |
| 10 |
(b) | for “him” substitute “it”. |
| |
(3) | In subsection (4) for “Agency” substitute “enforcement authority |
| |
| |
88 | Omit section 313 (restriction on performance of Director’s functions by |
| |
| 15 |
89 (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 |
| 20 |
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 |
| 25 |
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 |
| 30 |
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.” |
| |
| |
Transfer or abolition of Revenue functions |
| 35 |
90 | The Proceeds of Crime Act 2002 is amended in accordance with paragraphs |
| |
| |
91 (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”. |
| 40 |
|
| |
|
| |
|
(4) | In subsection (2) for “the Director”, in both places where it appears, |
| |
| |
(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”. |
| 5 |
(8) | In subsection (7) for “the Director” substitute “SOCA”. |
| |
(9) | In subsection (8)(b) for “the Director” substitute “SOCA”. |
| |
92 (1) | Section 318 (Revenue functions regarding employment) is amended as |
| |
| |
(2) | In subsection (1)(a) for “the Director” substitute “SOCA”. |
| 10 |
(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”. |
| |
93 (1) | Section 319 (source of income) is amended as follows. |
| |
| 15 |
(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”. |
| |
| 20 |
(a) | for “the Director” substitute “SOCA”; and |
| |
(b) | for “him” substitute “SOCA”. |
| |
94 (1) | Section 320 (appeals) is amended as follows. |
| |
(2) | In subsection (1) for “the Director” substitute “SOCA”. |
| |
| 25 |
(a) | for “the Director” substitute “SOCA”; and |
| |
(b) | for “his” substitute “its”. |
| |
95 (1) | Section 321 (Director’s functions: transfers of value) is amended as follows. |
| |
(2) | In the heading for “Director’s” substitute “SOCA’s”. |
| |
| 30 |
(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, |
| |
| |
(5) | In subsection (3) for “the Director” substitute “SOCA”. |
| 35 |
(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”. |
| |
96 (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”. |
| |
| 5 |
(a) | for “the Director”, in both places where it appears, substitute |
| |
| |
(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”. |
| 10 |
(7) | In subsection (5) for “the Director” substitute “SOCA”. |
| |
(8) | In subsection (6) for “the Director” substitute “SOCA”. |
| |
97 (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 |
| 15 |
| |
(4) | In subsection (3) for “The Director” substitute “SOCA”. |
| |
(5) | In subsection (4) for “The Director” substitute “SOCA”. |
| |
| |
(a) | for “The Director” substitute “SOCA”; and |
| 20 |
(b) | for “they” substitute “the Board”. |
| |
98 (1) | Section 325 (declarations) is amended as follows. |
| |
| |
(3) | For subsection (2) substitute— |
| |
“(2) | Every member of SOCA’s staff who is assigned to carry out any of |
| 25 |
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 |
| |
| |
99 (1) | Schedule 8 (forms of declarations) is amended as follows. |
| 30 |
(2) | Omit the words from “The Director”, where it first appears, to “by law.””, |
| |
| |
(3) | For “The Staff Of The Agency” substitute “SOCA’s Staff”. |
| |
(4) | For “authorised by the Director of the Assets Recovery Agency” substitute |
| |
| 35 |
(5) | For “to the Director” substitute “to SOCA”. |
| |
(6) | For “his” substitute “its”. |
| |
100 | 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. |
| 5 |
| |
Transfer of investigation functions |
| |
101 | The Proceeds of Crime Act 2002 is amended as follows. |
| |
102 | In section 351(5) (supplementary)— |
| |
(a) | after “investigator,”, where it first appears, insert “a member of |
| 10 |
| |
(b) | after “investigator,”, where it appears for the second time, insert |
| |
“member of SOCA’s staff,”. |
| |
103 | In section 352(5)(b) (search and seizure warrants) for “named member of the |
| |
staff of the Agency” substitute “member of SOCA’s staff”. |
| 15 |
104 | In section 353(10)(b) (requirements where production order not available) |
| |
for “the staff of the Agency” substitute “SOCA’s staff”. |
| |
105 (1) | Section 356 (further provisions: civil recovery) is amended as follows. |
| |
| |
(3) | In subsection (11)(a) (as inserted by Schedule 10) for “the Director” |
| 20 |
substitute “a member of SOCA’s staff”. |
| |
106 (1) | Section 357 (disclosure orders) is amended as follows. |
| |
(2) | In subsection (1) for “the Director” substitute “a member of SOCA’s staff”. |
| |
(3) | In subsection (3)(a) for “the Director” substitute “a member of SOCA’s staff”. |
| |
| 25 |
(a) | for “the Director”, where it first appears, substitute “a member of |
| |
| |
(b) | for “the Director”, where it appears for the second time, substitute |
| |
“the member of SOCA’s staff”. |
| |
(5) | In subsection (5) for “the Director” substitute “the member of SOCA’s staff |
| 30 |
| |
107 (1) | Section 361 (further provisions) is amended as follows. |
| |
(2) | In subsection (7) for “The Director” substitute “A member of SOCA’s staff”. |
| |
(3) | In subsection (9) for “the Director” substitute “a member of SOCA’s staff”. |
| |
108 | In section 362(3)(a) (supplementary) for “the Director” substitute “a member |
| 35 |
| |
109 (1) | Section 369 (supplementary) is amended as follows. |
| |
| |
(a) | after “investigator,”, where it first appears, insert “a member of |
| |
| 40 |
|
| |
|
| |
|
(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,”. |
| |
110 | In section 375(4) (supplementary)— |
| |
(a) | after “investigator,”, where it first appears, insert “a member of |
| 5 |
| |
(b) | after “investigator,”, where it appears for the second time, insert |
| |
“member of SOCA’s staff,”. |
| |
111 (1) | Section 376 (evidence overseas) is amended as follows. |
| |
(2) | In subsection (1) for “the Director” substitute “a member of SOCA’s staff”. |
| 10 |
| |
(a) | for “the Director” substitute “a member of SOCA’s staff”; and |
| |
(b) | for “such a person”, in paragraph (a), substitute “a person subject to |
| |
| |
(4) | In subsection (3) for “The Director” substitute “A member of SOCA’s staff”. |
| 15 |
(5) | In subsection (8) for “the Director” substitute “a member of SOCA’s staff”. |
| |
(6) | After subsection (10) insert— |
| |
“(10A) | If a member of SOCA’s staff issues a letter of request, another |
| |
member of SOCA’s staff may proceed under subsection (6), (7) or |
| |
| 20 |
112 | In section 377(1) (code of practice)— |
| |
(a) | in paragraph (a) for “the Director” substitute “the Director General of |
| |
| |
(b) | in paragraph (b) for “members of the staff of the Agency” substitute |
| |
“other members of SOCA’s staff”. |
| 25 |
113 (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 |
| |
| |
(4) | In subsection (3) for the words from “the Director”, where it first appears, to |
| 30 |
the end of the subsection substitute “— |
| |
(a) | a member of SOCA’s staff is an appropriate officer; |
| |
(b) | a senior member of SOCA’s staff is a senior appropriate |
| |
| |
(5) | In subsection (5) for “the Serious Organised Crime Agency” substitute |
| 35 |
| |
| |
(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 |
| 40 |
|
| |
|
| |
|
(b) | any member of SOCA’s staff authorised by the Director |
| |
General (whether generally or specifically) for this purpose.” |
| |
114 | In section 416(2) (other interpretative provisions) at the end insert— |
| |
“senior member of SOCA’s staff: section 378(8).” |
| |
| 5 |
Transfer of accreditation and training functions |
| |
115 (1) | Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and |
| |
training) is amended as follows. |
| |
(2) | In subsection (1) for “Director” substitute “National Policing Improvement |
| |
| 10 |
| |
(4) | In subsection (7) for “Director” substitute “National Policing Improvement |
| |
| |
| |
| 15 |
Other amendments to 2002 Act |
| |
116 | The Proceeds of Crime Act 2002 is amended as follows. |
| |
117 | In the heading for Part 1 for “Assets Recovery Agency” substitute |
| |
| |
118 | Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the |
| 20 |
Director’s general functions). |
| |
119 | After section 2 insert— |
| |
“2A | Contribution to the reduction of crime |
| |
(1) | A relevant authority must exercise its functions under this Act in the |
| |
way which it considers is best calculated to contribute to the |
| 25 |
| |
(2) | In this section “a relevant authority” means— |
| |
| |
(b) | the Director of Public Prosecutions, |
| |
(c) | the Director of Public Prosecutions for Northern Ireland, |
| 30 |
(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— |
| 35 |
(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 |
| |
| 5 |
(5) | The Secretary of State must consult the Attorney General and the |
| |
Advocate General for Northern Ireland before giving any guidance |
| |
| |
(6) | The Attorney General and the Advocate General for Northern |
| |
Ireland must consult the Secretary of State before giving any |
| 10 |
guidance under this section. |
| |
(7) | References in this section 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. |
| 15 |
2B | SOCA and members of SOCA’s staff |
| |
(1) | For the purposes of this Act SOCA is the Serious Organised Crime |
| |
| |
(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 |
| 20 |
providing services under arrangements made by SOCA if the person |
| |
is authorised by SOCA (whether generally or specifically) for that |
| |
| |
(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 |
| 25 |
Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or |
| |
persons seconded to SOCA to serve as members of its staff). |
| |
2C | Prosecuting authorities |
| |
(1) | The Director of Public Prosecutions may, to such extent as he may |
| |
decide, delegate the exercise of his functions under, or in relation to, |
| 30 |
Part 5 of this Act to a Crown Prosecutor. |
| |
(2) | The Director of the Serious Fraud Office may, to such extent as he |
| |
may decide, delegate the exercise of his functions under, or in |
| |
relation to, Part 5 of this Act to a member of the Serious Fraud Office |
| |
designated under section 1(7) of the Criminal Justice Act 1987 (c. 38). |
| 35 |
(3) | Anything which a relevant Director is authorised or required to do |
| |
under, or in relation to, Part 5 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. |
| 40 |
(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.” |
| 45 |
|
| |
|