SCHEDULES
SCHEDULE 8Abolition of Assets Recovery Agency and its Director
Part 4Transfer of investigation functions
I1108
1
Section 357 (disclosure orders) is amended as follows.
2
In subsection (1) for “the Director” substitute “
the relevant authority
”
.
3
After subsection (2) insert—
2A
The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer.
4
In subsection (3)(a) for “the Director” substitute “
an appropriate officer
”
.
5
In subsection (4)—
a
for “the Director”, where it first appears, substitute “
an appropriate officer
”
; and
b
for “the Director”, where it appears for the second time, substitute “
the appropriate officer
”
.
6
In subsection (5) for “the Director” substitute “
the appropriate officer concerned
”
.
7
After subsection (6) insert—
7
In this Part “relevant authority” means—
a
in relation to a confiscation investigation, a prosecutor; and
b
in relation to a civil recovery investigation, a member of SOCA's staff or the relevant Director.
8
For the purposes of subsection (7)(a) a prosecutor is—
a
in relation to a confiscation investigation carried out by a member of SOCA's staff, the relevant Director or any specified person;
b
in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person;
c
in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; and
d
in relation to a confiscation investigation carried out by an officer of Revenue and Customs, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.
9
In subsection (8) “specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.