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
121

      (2)
In paragraph 1 (the objects of the Agency)—
(a)
after paragraph (e), insert—
“(ea)
the carrying out of its functions under section 3 of the
Proceeds of Crime Act 2002 (c. 29) (accreditation and
training of financial investigators);”; and
5
(b)
in paragraph (f) for “(e)” substitute “(ea)”.
      (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
10
training of financial investigators).”
      (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
15
Secretary of State must (in addition to those required above)
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
20
and training of financial investigators)”.
Schedule 9
Section 72(3)

Transfers to SOCA or NPIA
Interpretation
1
In this Schedule—
25
“the Agency” means the Assets Recovery Agency;
“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.
30
Director and staff of Agency
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
35
(subject to any necessary modifications) as if originally made between him
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
40
his contract of employment with SOCA or (as the case may be) NPIA.

Serious Crime Bill [HL]
Schedule 9 — Transfers to SOCA or NPIA
122

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
5
be) NPIA.
      (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—
10
(a)
for the transfer to SOCA or (as the case may be) NPIA of the rights,
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
15
employer in respect of such a contract or the employee to be treated
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—
20
(a)
did not have a contract of employment; or
(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
25
to be treated as having interrupted the continuity of that employment).
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;
30

not to become a member of the staff of SOCA or (as the case may be) NPIA
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.
35
6     (1)
A transfer scheme may provide for the termination of an appointment as the
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.
40
7     (1)
A transfer scheme may provide for the transfer to SOCA or NPIA of
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.

Serious Crime Bill [HL]
Schedule 9 — Transfers to SOCA or NPIA
123

      (3)
The scheme may provide for things done by or in relation to persons to
whom sub-paragraph (4) applies to be—
(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
5
or (as the case may be) NPIA or members of the staff of NPIA.
      (4)
This sub-paragraph applies to—
(a)
the Director;
(b)
members of staff of the Agency.
      (5)
The scheme may, in particular, make provision about the continuation of
10
legal proceedings.
8
A transfer scheme may provide for SOCA or NPIA to make any payment
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
15
(b)
is not a liability which can be transferred by virtue of paragraph 7.
Supplementary
9     (1)
A transfer scheme may contain—
(a)
further provision in connection with any of the matters to which
paragraphs 2 to 8 relate;
20
(b)
the provision mentioned in sub-paragraph (3).
      (2)
The provision which may be made under sub-paragraph (1)(a) includes
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—
25
(a)
for the Secretary of State, or any other person nominated by or in
accordance with the scheme, to determine any matter requiring
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
30
(a).
10
Before making a transfer scheme which contains any provision relating to
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.
35
11
A transfer scheme is not an order of the Secretary of State for the purposes
of section 85.

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
124

Schedule 10
Section 75

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.
5
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”.
4
In section 344(b) (courts) after “a civil recovery investigation” insert “or a
10
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
“or a detained cash investigation”.
15
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
warrant is sought for the purposes of a detained cash
20
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)”.
      (3)
After subsection (10)(b) insert—
25
“(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.
      (2)
In the heading after “civil recovery” insert “and detained cash”.
30
      (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,”.
      (5)
In subsection (10) for the words from “if” to “reasonable” substitute “if the
35
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
civil recovery investigation;
40

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
125

(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)
after “to a” insert “detained cash investigation or a”.
5
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.”
12
In section 370 (account monitoring orders) after subsection (1) insert—
“(1A)
No application for an account monitoring order may be made in
10
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
officers—
(a)
a constable;
15
(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
investigation” insert “or a detained cash investigation”.
15
In section 385(4)(b) (government departments: Scotland) after “a civil
20
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
“or a detained cash investigation”.
17
In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in
25
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:
Scotland) after “(7)” insert “, (7A), (7B)”.
19    (1)
Section 390 (further provisions: confiscation, civil recovery and money
30
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
investigations”.
      (4)
In subsection (5) after “a civil recovery investigation” insert “or a detained
35
cash investigation”.
      (5)
In subsection (6) after “a civil recovery investigation” insert “or a detained
cash investigation”.
      (6)
In subsection (7) after “a civil recovery investigation” insert “or a detained
cash investigation”.
40
20
In section 391(2) (investigations to which disclosure orders do not apply:
Scotland) after “to a” insert “detained cash investigation or a”.

Serious Crime Bill [HL]
Schedule 10 — Detained cash investigations: further provision
126

21
In section 397 (customer information orders: Scotland) after subsection (1)
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)
5
insert—
“(1A)
No application for an account monitoring order may be made in
relation to a detained cash investigation.”
23    (1)
Section 412 (interpretation: Scotland) is amended as follows.
      (2)
In the definition of “appropriate person”, in paragraph (b), after “a civil
10
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”.
24    (1)
Section 416 (other interpretative provisions) is amended as follows.
      (2)
In subsection (1) after “confiscation investigation: section 341(1)” insert—
15
“detained cash investigation: section 341(3A)”.
      (3)
After subsection (7) insert—
“(7A)
“Unlawful conduct” has the meaning given by section 241.”
25
In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery
investigation” insert “or a detained cash investigation”.
20
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
investigation”; and
(b)
for “meaning” substitute “meanings”.
25
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
(c. 11) (functions of Commissioners and officers: restrictions etc.), after
paragraph 13, insert—
30
“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
and production orders) are exercisable only in relation to cash
seized in accordance with paragraph 13 above by an officer of
35
Revenue and Customs under section 294 of that Act.”