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Serious Crime Bill [HL]


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

127

 

Schedule 11

Section 77

 

Powers to recover cash: financial investigators

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 13.

5

2     (1)  

Section 289 (powers to search for cash) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “or constable who” substitute “, a constable or an accredited

financial investigator”; and

(b)   

after “premises”, where it first appears, insert “and”.

10

      (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—

15

“(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—

20

“(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

25

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

30

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

35

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.

40

 

 

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

128

 

      (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

5

“, 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”.

10

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—

15

(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

20

(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

25

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

30

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

35

investigator.

(7B)   

The Secretary of State may by order amend subsection (7A).”

12    (1)  

Section 302A (powers for prosecutors to appear in proceedings) (as inserted

by section 81(1) above) is amended as follows.

      (2)  

In subsection (1)—

40

(a)   

after “constable”, in the first place where it appears, insert “or an

accredited financial investigator”; and

(b)   

after “constable”, in the second place where it appears, insert “or (as

the case may be) an accredited financial investigator”.

 

 

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

129

 

      (3)  

After subsection (3) insert—

“(4)   

The references in subsection (1) to an accredited financial

investigator do 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

5

financial investigator who is an officer of Revenue and Customs.”

13         

After section 303 insert—  

“303A   

Financial investigators

(1)   

In this Chapter (apart from this section) any reference in a provision

to an accredited financial investigator is a reference to an accredited

10

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

financial investigator in section 290(4)(c).

15

(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

(c)   

brings an appeal under, or relating to, this Chapter,

20

   

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.”

Other amendments to 2002 Act

25

14         

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”.

15    (1)  

Section 459 of that Act (orders and regulations) is amended as follows.

      (2)  

In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert

30

“302(7B),”.

      (3)  

In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),”

insert “302(7B),”.

      (4)  

After subsection (6) insert—

“(6A)   

If a draft of an order under section 302(7B) would, apart from this

35

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

16         

In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act

40

2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs”

insert “, an accredited financial investigator”.

 

 

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

130

 

17         

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

“Customs” insert “, an accredited financial investigator”.

Schedule 12

Section 84

 

Revenue and Customs: regulation of investigatory powers

5

Police Act 1997 (c. 50)

1          

In section 93 of the Police Act 1997 (authorisations to interfere with property,

&c.)—

(a)   

in subsection (1B) for “customs officer” substitute “an officer of

Revenue and Customs”;

10

(b)   

in subsection (3)(d) for “a customs officer” substitute “an officer of

Revenue and Customs”; and

(c)   

for subsection (5)(h) substitute—

“(h)   

an officer of Revenue and Customs designated for the

purposes of this paragraph by the Commissioners for

15

Her Majesty’s Revenue and Customs;”.

2          

In section 94(2)(f) of that Act (urgency) for “by a customs officer designated

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”.

20

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”.

25

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”.

30

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—

35

“(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).”

 

 

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

131

 

10         

For section 32(6)(m) (authorisation of intrusive surveillance) substitute—

“(m)   

an officer of Revenue and Customs designated for the

purposes of this paragraph by the Commissioners for Her

Majesty’s Revenue and Customs;”.

11         

In section 33 (surveillance: authorisation)—

5

(a)   

for subsection (2) substitute—

“(2)   

A person who is a designated person for the purposes of

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

10

made by an officer of Revenue and Customs.”;

(b)   

for subsection (4) substitute—

“(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

15

carrying out of intrusive surveillance except on an

application made by an officer of Revenue and Customs.”;

and

(c)   

in subsection (5)(a) for “a customs officer” substitute “an officer of

Revenue and Customs”;

20

           

(and in the italic cross-heading before section 33 for “customs” substitute

“Revenue and Customs”).

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;”;

25

(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

30

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

35

(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)—

40

(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

45

Customs for the time being designated for the

purposes of this paragraph by a written notice given

to the Chief Surveillance Commissioner by the

 

 

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

132

 

Commissioners for Her Majesty’s Revenue and

Customs;”.

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

5

Customs”).

16         

For section 40(d) (information) substitute—

“(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

10

Customs;”.

18         

In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute

“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

15

Customs”.

20         

In section 51 (cases where key required)—

(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)

20

substitute “the Commissioners for Her Majesty’s Revenue and

Customs”.

21         

In section 54(3) (secrecy) for “the customs and excise” substitute (in each

place) “Her Majesty’s Revenue and Customs”.

22         

For section 55(1)(c) (general duty in relation to encrypted data) substitute—

25

“(c)   

the Commissioners for Her Majesty’s Revenue and

Customs;”.

23         

In section 56(1) (interpretation) omit the definition of “the customs and

excise”.

24         

For section 65(6)(f) (the Tribunal) substitute—

30

“(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”.

26         

In section 76A(11) (foreign surveillance operations) for paragraph (d) of the

35

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

paragraphs 7 and 8 substitute—

40

“Revenue and Customs

7          

Her Majesty’s Revenue and Customs.”

 

 

Serious Crime Bill [HL]
Schedule 13 — Transitional and transitory provisions and savings

133

 

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”

(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

5

Excise” substitute “An officer of Revenue and Customs”;

(b)   

for “those Commissioners themselves” substitute “the

Commissioners for Her Majesty’s Revenue and Customs”;

(c)   

for “their department” substitute “Revenue and Customs”; and

(d)   

for “they” substitute “the Commissioners”.

10

Commissioners for Revenue and Customs Act 2005 (c. 11)

30         

The following paragraphs of Schedule 2 to the Commissioners for Revenue

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

15

(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)).

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

20

enactment amended by this Schedule.

Schedule 13

Section 87(1)

 

Transitional and transitory provisions and savings

Serious crime prevention orders

1          

In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a

25

person has been involved in serious crime, the court may take account of

conduct before the coming into force of that provision as well as conduct

after the coming into force of that provision.

2     (1)  

Section 19, 20 or 21 does not apply to a person who is being dealt with on or

after the coming into force of the section in relation to an offence of which

30

the person was convicted before the coming into force of the section.

      (2)  

Sub-paragraph (1) does not prevent an application to the High Court for a

serious crime prevention order in connection with the offence concerned.

3          

In the application of section 23(2) before the commencement of paragraph

1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4)

35

(citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54)

is to be read as a reference to the Supreme Court Act 1981 (c. 54).

4          

In the application of section 25(2)(a)—

(a)   

in England and Wales, in relation to an offence committed before the

commencement of section 282(1) of the Criminal Justice Act 2003

40

(c. 44) (increase in sentencing powers of magistrates’ court from 6 to

12 months for certain offences triable either way); and

 

 

 
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