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Serious Crime Bill [HL]


Serious Crime Bill [HL]
Schedule 8 — Transfers to SOCA or NPIA

90

 

      (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

Secretary of State must (in addition to those required above)

5

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

and training of financial investigators)”.

10

Schedule 8

Section 66(3)

 

Transfers to SOCA or NPIA

Interpretation

1          

In this Schedule—

“the Agency” means the Assets Recovery Agency;

15

“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.

Director and staff of Agency

20

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

(subject to any necessary modifications) as if originally made between him

25

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

his contract of employment with SOCA or (as the case may be) NPIA.

30

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

35

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—

40

 

 

Serious Crime Bill [HL]
Schedule 8 — Transfers to SOCA or NPIA

91

 

(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

5

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—

10

(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

15

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;

20

           

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.

25

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.

30

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.

      (3)  

The scheme may provide for things done by or in relation to persons to

35

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

or (as the case may be) NPIA or members of the staff of NPIA.

40

      (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

legal proceedings.

45

 

 

Serious Crime Bill [HL]
Schedule 9 — Detained cash investigations: further provision

92

 

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

(b)   

is not a liability which can be transferred by virtue of paragraph 7.

5

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;

(b)   

the provision mentioned in sub-paragraph (3).

10

      (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—

(a)   

for the Secretary of State, or any other person nominated by or in

15

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

(a).

20

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.

11         

A transfer scheme is not an order of the Secretary of State for the purposes

25

of section 76.

Schedule 9

Section 69

 

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

30

follows.

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”.

35

4          

In section 344(b) (courts) after “a civil recovery investigation” insert “or a

detained cash investigation”.

5          

In section 350(5)(b) (government departments) after “a civil recovery

investigation” insert “or a detained cash investigation”.

 

 

Serious Crime Bill [HL]
Schedule 9 — Detained cash investigations: further provision

93

 

6          

In section 351(8) (supplementary) after “a civil recovery investigation” insert

“or a detained cash investigation”.

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—

5

“(c)   

a constable or an officer of Revenue and Customs, if the

warrant is sought for the purposes of a detained cash

investigation.”

8     (1)  

Section 353 (requirements where production order not available) is

amended as follows.

10

      (2)  

In subsection (5)(a) after “(7)” insert “, (7A), (7B)”.

      (3)  

After subsection (10)(b) insert—

“(c)   

a constable or an officer of Revenue and Customs, if the

warrant is sought for the purposes of a detained cash

investigation.”

15

9     (1)  

Section 356 (further provisions: civil recovery) is amended as follows.

      (2)  

In the heading after “civil recovery” insert “and detained cash”.

      (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

20

investigations,”.

      (5)  

In subsection (10) for the words from “if” to “reasonable” substitute “if the

appropriate person has reasonable”.

      (6)  

After subsection (10) insert—

“(11)   

The appropriate person is—

25

(a)   

the Director, if the warrant was issued for the purposes of a

civil recovery investigation;

(b)   

a constable or an officer of Revenue and Customs, if the

warrant was issued for the purposes of a detained cash

investigation.”

30

10         

In section 357(2) (investigations to which disclosure orders do not apply)

after “to a” insert “detained cash investigation or a”.

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.”

35

12         

In section 370 (account monitoring orders) after subsection (1) insert—

“(1A)   

No application for an account monitoring order may be made in

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

40

officers—

 

 

Serious Crime Bill [HL]
Schedule 9 — Detained cash investigations: further provision

94

 

(a)   

a constable;

(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”.

5

15         

In section 385(4)(b) (government departments: Scotland) after “a civil

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”.

10

17         

In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in

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)”.

15

19    (1)  

Section 390 (further provisions: confiscation, civil recovery and money

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”.

20

      (4)  

In subsection (5) after “a civil recovery investigation” insert “or a detained

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

25

cash investigation”.

20         

In section 391(2) (investigations to which disclosure orders do not apply:

Scotland) after “to a” insert “detained cash investigation or a”.

21         

In section 397 (customer information orders: Scotland) after subsection (1)

insert—

30

“(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)

insert—

“(1A)   

No application for an account monitoring order may be made in

35

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

recovery investigation” insert “or a detained cash investigation”.

      (3)  

In the definition of “proper person”, in paragraph (b), after “a civil recovery

40

investigation” insert “or a detained cash investigation”.

24    (1)  

Section 416 (other interpretative provisions) is amended as follows.

 

 

Serious Crime Bill [HL]
Schedule 10 — Powers to recover cash: financial investigators

95

 

      (2)  

In subsection (1) after “confiscation investigation: section 341(1)” insert—

“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

5

investigation” insert “or a detained cash investigation”.

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

10

(b)   

for “meaning” substitute “meanings”.

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

15

paragraph 13, insert—

“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

20

seized in accordance with paragraph 13 above by an officer of

Revenue and Customs under section 294 of that Act.”

Schedule 10

Section 71

 

Powers to recover cash: financial investigators

Amendments to Chapter 3 of Part 5 of 2002 Act

25

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 12.

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

30

financial investigator”; and

(b)   

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

      (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

35

accredited financial investigator”.

 

 

Serious Crime Bill [HL]
Schedule 10 — Powers to recover cash: financial investigators

96

 

      (5)  

In subsection (5), after paragraph (b), insert—

“(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.

5

      (2)  

In subsection (4), after paragraph (b), insert—

“(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.”

10

      (3)  

In subsection (6) for “or constable” substitute “, constable or accredited

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.

15

      (2)  

In subsection (1) after “constables” insert “and accredited financial

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.

20

      (2)  

In subsections (1) and (2) for “or constable” substitute “, a constable or an

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.”

25

7     (1)  

Section 295 (detention of seized cash) is amended as follows.

      (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”.

30

8          

In section 296(2) (release of part of cash seized) for “or constable” substitute

“, 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

35

accredited financial investigator”.

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—

40

(a)   

in the case of an investigator—

 

 

 
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