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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 3 — Transfer or abolition of Revenue functions

76

 

(b)   

in paragraph (c) for “, 198 or 200” substitute “or 198”.

Part 2

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.

      (2)  

In subsection (3)—

(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

concerned”.

88         

Omit section 313 (restriction on performance of Director’s functions by

police).

15

89         

In section 316(1) (general interpretation: Part 5), 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 or the

Director of Public Prosecutions for Northern

25

Ireland,”.

Part 3

Transfer or abolition of Revenue functions

90         

The Proceeds of Crime Act 2002 is amended in accordance with paragraphs

91 to 99.

30

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”.

      (4)  

In subsection (2) for “the Director”, in both places where it appears,

substitute “SOCA”.

35

      (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”.

      (8)  

In subsection (7) for “the Director” substitute “SOCA”.

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 3 — Transfer or abolition of Revenue functions

77

 

      (9)  

In subsection (8)(b) for “the Director” substitute “SOCA”.

92    (1)  

Section 318 (Revenue functions regarding employment) is amended as

follows.

      (2)  

In subsection (1)(a) for “the Director” substitute “SOCA”.

      (3)  

In subsection (2) for “the Director” substitute “SOCA”.

5

      (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.

      (2)  

In subsection (1)—

(a)   

for “the Director” substitute “SOCA”;

10

(b)   

for “him” substitute “it”; and

(c)   

for “he” substitute “SOCA”.

      (3)  

In subsection (2) for “the Director” substitute “SOCA”.

      (4)  

In subsection (3)—

(a)   

for “the Director” substitute “SOCA”; and

15

(b)   

for “him” substitute “SOCA”.

94    (1)  

Section 320 (appeals) is amended as follows.

      (2)  

In subsection (1) for “the Director” substitute “SOCA”.

      (3)  

In subsection (2)—

(a)   

for “the Director” substitute “SOCA”; and

20

(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”.

      (3)  

In subsection (1)—

(a)   

for “the Director” substitute “SOCA”; and

25

(b)   

in paragraph (b) for “it” substitute “the transfer of value”.

      (4)  

In subsection (2) for “the Director”, in both places where it appears,

substitute “SOCA”.

      (5)  

In subsection (3) for “the Director” substitute “SOCA”.

      (6)  

In subsection (4) for “The Director” substitute “SOCA”.

30

      (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”.

35

      (4)  

In subsection (2)—

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 3 — Transfer or abolition of Revenue functions

78

 

(a)   

for “the Director”, in both places where it appears, substitute

“SOCA”; and

(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”.

5

      (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

10

2B(2)”.

      (4)  

In subsection (3) for “The Director” substitute “SOCA”.

      (5)  

In subsection (4) for “The Director” substitute “SOCA”.

      (6)  

In subsection (5)—

(a)   

for “The Director” substitute “SOCA”; and

15

(b)   

for “they” substitute “the Board”.

98    (1)  

Section 325 (declarations) is amended as follows.

      (2)  

Omit subsection (1).

      (3)  

For subsection (2) substitute—

“(2)   

Every member of SOCA’s staff who is assigned to carry out any of

20

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

purpose.”

99    (1)  

Schedule 8 (forms of declarations) is amended as follows.

25

      (2)  

Omit the words from “The Director”, where it first appears, to “by law.””,

where it first appears.

      (3)  

For “The Staff Of The Agency” substitute “SOCA’s Staff”.

      (4)  

For “authorised by the Director of the Assets Recovery Agency” substitute

“assigned by SOCA”.

30

      (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

35

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.

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions

79

 

Part 4

Transfer of investigation functions

101        

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

102        

In section 351(5) (supplementary)—

(a)   

after “investigator,”, where it first appears, insert “a member of

5

SOCA’s staff,”; and

(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”.

10

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.

      (2)  

Omit subsection (6).

      (3)  

In subsection (11)(a) (as inserted by Schedule 9) for “the Director” substitute

15

“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”.

      (4)  

In subsection (4)—

20

(a)   

for “the Director”, where it first appears, substitute “a member of

SOCA’s staff”; and

(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

25

concerned”.

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

30

of SOCA’s staff”.

109   (1)  

Section 369 (supplementary) is amended as follows.

      (2)  

In subsection (5)—

(a)   

after “investigator,”, where it first appears, insert “a member of

SOCA’s staff,”; and

35

(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)—

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 4 — Transfer of investigation functions

80

 

(a)   

after “investigator,”, where it first appears, insert “a member of

SOCA’s staff,”; and

(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.

5

      (2)  

In subsection (1) for “the Director” substitute “a member of SOCA’s staff”.

      (3)  

In subsection (2)—

(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

the investigation”.

10

      (4)  

In subsection (3) for “The Director” substitute “A member of SOCA’s staff”.

      (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

15

(7A).”

112        

In section 377(1) (code of practice)—

(a)   

in paragraph (a) for “the Director” substitute “the Director General of

SOCA”; and

(b)   

in paragraph (b) for “members of the staff of the Agency” substitute

20

“other members of SOCA’s staff”.

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

staff”.

25

      (4)  

In subsection (3) for the words from “the Director”, where it first appears, to

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

officer.”

30

      (5)  

In subsection (5) for “the Serious Organised Crime Agency” substitute

“SOCA”.

      (6)  

Omit subsection (7).

      (7)  

After subsection (7) insert—

“(8)   

For the purposes of this Part a senior member of SOCA’s staff is—

35

(a)   

the Director General of SOCA; or

(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).”

40

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act

81

 

Part 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

5

Agency”.

      (3)  

Omit subsection (6).

      (4)  

In subsection (7) for “Director” substitute “National Policing Improvement

Agency”.

      (5)  

Omit subsection (8).

10

Part 6

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

“Introductory”.

15

118        

Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the

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

20

way which it considers is best calculated to contribute to the

reduction of crime.

(2)   

In this section “a relevant authority” means—

(a)   

SOCA,

(b)   

the Director of Public Prosecutions,

25

(c)   

the Director of Public Prosecutions for Northern Ireland,

(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

30

regard to any guidance given to it by—

(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

35

(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

proceedings.

40

 

 

Serious Crime Bill [HL]
Schedule 7 — Abolition of Assets Recovery Agency and its Director
Part 6 — Other amendments to 2002 Act

82

 

(5)   

The Secretary of State must consult the Attorney General and the

Advocate General for Northern Ireland before giving any guidance

under this section.

(6)   

The Attorney General and the Advocate General for Northern

Ireland must consult the Secretary of State before giving any

5

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.

10

2B      

SOCA and members of SOCA’s staff

(1)   

For the purposes of this Act SOCA is the Serious Organised Crime

Agency.

(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

15

providing services under arrangements made by SOCA if the person

is authorised by SOCA (whether generally or specifically) for that

purpose.

(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

20

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,

25

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).

30

(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.

35

(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.”

40

120        

Omit sections 4 and 5 (co-operation and advice and assistance for Secretary

of State).

121        

In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious

Organised Crime Agency” substitute “SOCA”.

 

 

 
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