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The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110814506

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 459(6)(a) of the Proceeds of Crime Act 2002, for approval by resolution of each House of Parliament.

Proceeds Of Crime

Made 2008

Coming into force 23rd July 2008

This Order is made in exercise of the powers conferred by sections 436(6)f1 and 438(9) of the Proceeds of Crime Act 2002f2.

In accordance with section 459(6)(a) of that Act, a draft of this Order has been laid before Parliament and approved by a resolution of each House.

Accordingly, the Secretary of State makes the following Order:

Annotations to the whole text

Footnotes

f1

Section 436(6) is qualified by section 436(7) of the Proceeds of Crime Act 2002.

f2

2002 c. 29.

Contents

  1. 1Citation and commencement
  2. 2Disclosure of information to certain Directors
  3. 3Disclosure of information by certain Directors
  4. 4Revocation of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008 and shall come into force on 23rd July 2008.

2Disclosure of information to certain Directors

For the purposes of section 436 of the Proceeds of Crime Act 2002f1, the persons listed in column 1 of the Schedule to this Order are designated as permitted persons in respect of the functions specified in relation to those persons in column 2 of the Schedule to this Order, being functions which the Secretary of State believes are of a public nature.

3Disclosure of information by certain Directors

The following functions are designated for the purposes of section 438 of the Proceeds of Crime Act 2002f1 being functions which the Secretary of State thinks are of a public nature—

(a)

protecting public health;

(b)

the functions of the Financial Services Authority under the Financial Services and Markets Act 2000f2.

4Revocation of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003

The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003f1 is revoked.

Signature

Parliamentary Under Secretary of State

Home Office

   2008

Column 1

Column 2
The Secretary of State

Functions exercised for the purposes of -

(a) the prevention, detection, investigation or prosecution of offences relating to a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 1973f1; or

(b) checking the accuracy of any benefit, payment or advantage in a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 1973.

Functions exercised for the purposes of prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles.

Functions under -

(a) the Employment Agencies Act 1973f2;

(b) Part XIV of the Companies Act 1985f3;

(c) Part III of the Companies Act 1989f4;

(d) Part XI of the Financial Services and Markets Act 2000f5; and

(e) the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003f6.

An officer authorised under section 9 of the Employment Agencies Act 1973Functions under section 9 of the Employment Agencies Act 1973.
A person appointed or authorised to exercise powers under Part XIV of the Companies Act 1985Functions under Part XIV of the Companies Act 1985.
A person appointed to conduct an investigation under Part XI of the Financial Services and Markets Act 2000Functions under Part XI of the Financial Services and Markets Act 2000.
The Civil Aviation Authority

Functions under -

(a) the Civil Aviation Act 1982f7;

(b) Part IV and sections 69 and 73 of the Airports Act 1986f8; and

(c) Part I of the Transport Act 2000f9.

The Gambling CommissionFunctions under Part 2 of the Gambling Act 2005f10.
The Common Services Agency for the Scottish Health ServiceFunctions under article 3 of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974f11 exercised for the purposes of preventing or detecting crime.
A financial investigator appointed under article 49 of the Proceeds of Crime (Northern Ireland) Order 1996f12Functions under articles 50 and 51 of, and Schedule 2 to, the Proceeds of Crime (Northern Ireland) Order 1996f13.
The Department for Social Development in Northern Ireland

Functions exercised for the purposes of -

(a) the prevention, detection, investigation or prosecution of offences relating to a social security matter; or

(b) checking the accuracy of any benefit, payment or advantage in a social security matter.

The Department for Employment and Learning in Northern Ireland

Functions exercised for the purposes of -

(a) the prevention, detection, investigation or prosecution of offences relating to a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 1950f14; or

(b) checking the accuracy of any benefit, payment or advantage in a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 1950.

The Department of the Environment in Northern IrelandFunctions exercised for the purposes of the prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles.

Explanatory note

(This note is not part of the Order)

This Order makes provision for the disclosure of information to and by the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland as respects their functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002. Part 5 of that Act is concerned with the civil recovery of the proceeds of unlawful conduct. Part 8 contains certain investigative powers in relation to civil recovery cases.

Article 2 deals with disclosure of information to the Directors. It introduces the Schedule to this Order which designates the persons who (in addition to the persons listed in section 436 of the Act) are permitted to disclose information to the Directors for the purpose of their functions under, or in relation to, Part 5 or 8, and the functions which they exercise in respect of which they may disclose the information.

Article 3 deals with disclosure of information by the Directors and designates the functions (in addition to the functions listed in section 438 of the Act) for the purposes of the exercise of which the Directors may disclose information.

Article 4 revokes the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003.

By virtue of sections 436(3) and 438(8), this Order has effect subject to the provisions of the Data Protection Act 1998 and Part 1 of the Regulation of Investigatory Powers Act 2000.