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The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2006

S.I. 2006/57 · Made 14 January 2006

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.

PROCEEDS OF CRIME

Made 14th January 2006

Laid before Parliament 23rd January 2006

Coming into force 1st March 2006

The Secretary of State, in exercise of the powers conferred upon him by sections 453 and 459(2) of the Proceeds of Crime Act 2002f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 29.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. 6Article 6
  7. 7Article 7
  8. 8Article 8
  9. 9Article 9
  10. 10Article 10
  11. 11Article 11
  12. 12Article 12
  13. 13Article 13
  14. 14Article 14
  15. 15Article 15
  16. Signature
  17. Explanatory note

1

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2006 and shall come into force on 1st March 2006.

2

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003f1 is amended as follows.

3

In article 3, after the entry in relation to “local authority” insert—

  • ““the Royal Mail” means the company Royal Mail Group Plc (registered number 4138203);

  • “SOCA” means the Serious Organised Crime Agency established under section 1 of, and Schedule 1 to, the Serious Organised Crime and Police Act 2005f1.”

4

(1)

In the entry in column 2 of the Schedule in respect of section 42(2)(c), omit “or” at the end of subparagraph (i) and subparagraph (k).

(2)

At the end of the entry in column 2 of the Schedule in respect of section 42(2)(c) insert—

“(p)

a member of staff of SOCA;

(q)

a member of staff of the Royal Mail;

(r)

a member of staff of the Home Office.”.

5

(1)

In the entry in column 2 of the Schedule in respect of section 68(3)(c), omit “or” at the end of subparagraph (f) and subparagraph (h).

(2)

After subparagraph (k) in the entry in column 2 of the Schedule in respect of section 68(3)(c) insert—

“(l)

SOCA and is not below the grade of grade 2 Senior Manager;

(m)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(n)

the Home Office and is not below the grade of Senior Executive Officer.”.

6

(1)

In the entry in column 2 of the Schedule in respect of section 191(2)(c), omit “or” at the end of subparagraph (g).

(2)

At the end of the entry in column 2 of the Schedule in respect of section 191(2)(c) insert—

“(m)

a member of staff of SOCA;

(n)

a member of staff of the Royal Mail;

(o)

a member of staff of the Home Office.”.

7

(1)

In the entry in column 2 of the Schedule in respect of section 216(3)(c), omit “or” at the end of subparagraph (c).

(2)

After subparagraph (g) in the entry in column 2 of the Schedule in respect of section 216(3)(c) insert—

“(h)

SOCA and is not below the grade of grade 2 Senior Manager;

(i)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(j)

the Home Office and is not below the grade of Senior Executive Officer.”.

8

(1)

In the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to England and Wales, omit “or” at the end of subparagraph (h) and subparagraph (j).

(2)

After subparagraph (m) of the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to England and Wales insert—

“(n)

SOCA;

(o)

the Royal Mail;

(p)

the Home Office.”.

9

(1)

In the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to Northern Ireland, omit “or” at the end of subparagraph (f).

(2)

After subparagraph (j) of the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to Northern Ireland insert—

“(k)

SOCA;

(l)

the Royal Mail;

(m)

the Home Office.”.

10

(1)

In the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to England and Wales, omit “or” at the end of subparagraph (g) and subparagraph (i).

(2)

After subparagraph (l) of the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to England and Wales insert—

“(m)

SOCA and is not below the grade of grade 2 Senior Manager;

(n)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(o)

the Home Office and is not below the grade of Senior Executive Officer.”.

11

(1)

In the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to Northern Ireland, omit “or” at the end of subparagraph (d).

(2)

After subparagraph (h) of the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to Northern Ireland insert—

“(i)

SOCA and is not below the grade of grade 2 Senior Manager;

(j)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(k)

the Home Office and is not below the grade of Senior Executive Officer.”.

12

(1)

In the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to England and Wales, omit “or” at the end of subparagraph (d).

(2)

After subparagraph (h) of the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to England and Wales insert—

“(i)

SOCA;

(j)

the Royal Mail;

(k)

the Home Office.”.

13

(1)

In the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to Northern Ireland, omit “or” at the end of subparagraph (c).

(2)

After subparagraph (h) of the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to Northern Ireland insert—

“(i)

SOCA;

(j)

the Royal Mail;

(k)

the Home Office.”.

14

(1)

In the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to England and Wales, omit “or” at the end of subparagraph (c).

(2)

After subparagraph (g) of the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to England and Wales insert—

“(h)

SOCA and is not below the grade of grade 2 Senior Manager;

(i)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(j)

the Home Office and is not below the grade of Senior Executive Officer.”.

15

(1)

In the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to Northern Ireland, omit “or” at the end of subparagraph (b).

(2)

After subparagraph (g) of the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to Northern Ireland insert—

“(h)

SOCA and is not below the grade of grade 2 Senior Manager;

(i)

the Royal Mail and is not below the grade of Business Personal Contract Holder Grade 9;

(j)

the Home Office and is not below the grade of Senior Executive Officer.”.

Signature

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

14th January 2006

Explanatory note

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 (“the 2003 Order”). By virtue of article 2 of the 2003 Order, a reference to an accredited financial investigator in the provisions of the Proceeds of Crime Act 2002 which is listed in column 1 of the Schedule to that Order is a reference to such an investigator as falls within the description which is specified in relation to that provision in column 2 of that Schedule.

Articles 4, 5, 8, 10, 12 and 14 of this Order amend the Schedule to the 2003 Order to add references that apply in England and Wales to the Serious Organised Crime Agency (as defined by the amendment made by article 3 to this Order), the Royal Mail (as defined by the amendment made by article 3 to this Order) and the Home Office. Articles 6, 7, 9, 11, 13 and 15 of this Order amend the Schedule to the 2003 Order to add references that apply in Northern Ireland to the Serious Organised Crime Agency, the Royal Mail and the Home Office.