The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2017

Article 3

SCHEDULE 1 Amendments to the 2009 Order

1.  Schedule 1 to the 2009 Order is amended as follows.

2.  In the entry relating to section 191(2)(c), in column 2—

(a) omit paragraph (a);

(b) in paragraph (c)—

(i) in sub-paragraph (i) for “the Department of Agriculture and Rural Development in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) omit sub-paragraph (ii);

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (x) insert—

“(xa) the Ministry of Defence;

(xb) the Northern Ireland Environment Agency;”;

(vii) omit sub-paragraph (xi); and

(viii) after sub-paragraph (xvi) insert—

“(xvia) the Security Industry Authority;”.

3.  Omit the entry relating to section 194(3).

4.  In the appropriate place insert—

“Section 195A(1)(c)(1) (sections 195B to 195S:	An accredited financial investigator who is—
meaning of appropriate officer)	(a) an NCA officer; or
	(b) a member of staff of—
	(i) the Police Service of Northern Ireland (other than a constable);
	(ii) the Financial Conduct Authority;
	(iii) the Northern Ireland Environment Agency; or
	(iv) the Serious Fraud Office.
Section 195G(3)(c) (appropriate approval)	An accredited financial investigator who is—
	(a) an NCA officer not below grade 2;
	(b) a constable of the Police Service of Northern Ireland who is not below the rank of Inspector; or
	(c) a member of staff of—
	(i) the Financial Conduct Authority and is not below the grade of Manager;
	(ii) the Northern Ireland Environment Agency and is not below the grade of Deputy Principal or Senior Scientific Officer; or
	(iii) the Serious Fraud Office and is not below grade 7.”.

5.  In the entry relating to section 216(3)(c), in column 2—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) omit sub-paragraph (i);

(ii) in sub-paragraph (ii) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency and is not below grade 7;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (x) insert—

“(xa) the Ministry of Defence and is not below the grade of B2;

(xb) the Northern Ireland Environment Agency and is not below the grade of Deputy Principal or Senior Scientific Officer;”;

(vii) omit sub-paragraph (xi); and

(viii) after sub-paragraph (xv) insert—

“(xva) the Security Industry Authority and is not below the grade of Investigations Manager;”.

6.  In the entry relating to section 290(4)(c), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (b);

(b) in paragraph (bb) for “grade 3” substitute “grade 2”;

(c) in paragraph (c)—

(i) in sub-paragraph (i) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) in sub-paragraph (iv) for “the Department of Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iii) after sub-paragraph (v) insert—

“(va) the Food Standards Agency and is not below grade 7;”;

(iv) after sub-paragraph (vii) insert—

“(viia) the Ministry of Defence and is not below the grade of B2;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (viii) insert—

“(viiiaa) the Post Office and is not below the grade of broadband 3;”; and

(vii) after sub-paragraph (viiia) insert—

“(viiib) the Royal Mail and is not below the grade of broadband 3;”.

7.  In the entry relating to section 303A(1), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) in sub-paragraph (i) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) in sub-paragraph (iv) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iii) after sub-paragraph (v) insert—

“(va) the Food Standards Agency;”;

(iv) after sub-paragraph (vii) insert—

“(viia) the Ministry of Defence;

(viib) the Northern Ireland Environment Agency;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (ix) insert—

“(ixaa) the Post Office;”; and

(vii) after sub-paragraph (ixa) insert—

“(ixb) the Royal Mail;”.

8.  In the entry relating to section 352(7), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) in sub-paragraph (i) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) in sub-paragraph (iv) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iii) after sub-paragraph (v) insert—

“(va) the Food Standards Agency;”;

(iv) omit sub-paragraph (viii);

(v) after sub-paragraph (ix) insert—

“(ixaa) the Post Office;”;

(vi) after sub-paragraph (ixa) insert—

“(ixb) the Royal Mail;”; and

(vii) after sub-paragraph (x) insert—

“(xa) the Security Industry Authority;”.

9.  In the entry relating to section 353(11), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) in sub-paragraph (i) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) in sub-paragraph (iv) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iii) after sub-paragraph (v) insert—

“(va) the Food Standards Agency;”;

(iv) omit sub-paragraph (viii);

(v) after sub-paragraph (ix) insert—

“(ixaa) the Post Office;”;

(vi) after sub-paragraph (ixa) insert—

“(ixb) the Royal Mail;”; and

(vii) after sub-paragraph (x) insert—

“(xa) the Security Industry Authority;”.

10.  In the entry relating to section 378(1)(b), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) in sub-paragraph (i) for “the Department of Agriculture and Rural Development in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(ii) omit sub-paragraph (ii);

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (ix) insert—

“(ixa) the Intellectual Property Office;”;

(vii) after sub-paragraph (x) insert—

“(xa) the Ministry of Defence;

(xb) the Northern Ireland Environment Agency;”;

(viii) omit sub-paragraph (xi); and

(ix) after sub-paragraph (xvi) insert—

“(xvia) the Security Industry Authority;”.

11.  In the entry relating to section 378(2)(d), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) omit sub-paragraph (i);

(ii) in sub-paragraph (ii) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency and is not below Grade 7;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (ix) insert—

“(ixa) the Intellectual Property Office and is not below the grade of Head of Intelligence at Copyright Enforcement Directorate C2 or equivalent;”;

(vii) after sub-paragraph (x) insert—

“(xa) the Ministry of Defence and is not below the grade of B2;

(xb) the Northern Ireland Environment Agency and is not below the grade of Deputy Principal or Senior Scientific Officer;”;

(viii) omit sub-paragraph (xi); and

(ix) after sub-paragraph (xv) insert—

“(xva) the Security Industry Authority and is not below the grade of Investigations Manager;”.

12.  In the appropriate place insert—

“Section 378(3A)(ab)(2) (appropriate officers for the purposes of detained cash investigations)	In relation to Northern Ireland, an accredited financial investigator who is—
	(a) an NCA officer; or
	(b) a member of staff of—
	(i) the Department for Agriculture, Environment and Rural Affairs in Northern Ireland;
	(ii) the Department for Communities in Northern Ireland
	(iii) the Department for Environment, Food and Rural Affairs;
	(iv) the Department for Regional Development in Northern Ireland and is not below the grade of Deputy Principal;
	(v) the Driver and Vehicle Standards Agency;
	(vi) the Financial Conduct Authority;
	(vii) the Food Standards Agency;
	(viii) the Gangmasters Labour and Abuse Authority;
	(ix) the Home Office;
	(x) the Ministry of Defence;
	(xi) the Northern Ireland Environment Agency;
	(xii) the Police Service of Northern Ireland;
	(xiii) the Prudential Regulation Authority;
	(xiv) the Royal Mail;
	(xv) the Rural Payments Agency; or
	(xvi) the Serious Fraud Office.
Section 378(3AA)(b)(3)(senior appropriate officer)	In relation to Northern Ireland, an accredited financial investigator who is—
	(a) an NCA officer not below grade 2; or
	(b) a member of staff of—
	(i) the Department for Agriculture, Environment and Rural Affairs in Northern Ireland and is not below the grade of Deputy Principal or Senior Scientific Officer;
	(ii) the Department for Communities in Northern Ireland and is not below the grade of Deputy Principal;
	(iii) the Department for Environment, Food and Rural Affairs and is not below the grade of Senior Executive Officer;
	(iv) the Department for Regional Development in Northern Ireland and is not below the grade of Deputy Principal;
	(v) the Driver and Vehicle Standards Agency and is not below grade 7;
	(vi) the Financial Conduct Authority and is not below the grade of Manager;
	(vii) the Food Standards Agency and is not below grade 7;
	(viii) the Gangmasters Labour and Abuse Authority and is not below the grade of Enforcement Manager;
	(ix) the Home Office and is not below the grade of Senior Executive Officer;
	(x) the Ministry of Defence and is not below the grade of B2;
	(xi) the Northern Ireland Environment Agency and is not below the grade of Deputy Principal or Senior Scientific Officer;
	(xii) the Prudential Regulation Authority and is not below the grade of Manager;
	(xiii) the Royal Mail and is not below the grade of broadband 3;
	(xiv) the Rural Payments Agency and is not below the grade of Senior Executive Officer; or
	(xv) the Serious Fraud Office and is not below grade 7.”.

13.  Omit the entry relating to section 378(3B).

14.  In the entry relating to section 378(4)(a), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) omit sub-paragraph (i);

(ii) in sub-paragraph (ii) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency;”;

(v) omit sub-paragraph (viii);

(vi) after sub-paragraph (ix) insert—

“(ixa) the Ministry of Defence;

(ixb) the Northern Ireland Environment Agency;”; and

(vii) omit sub-paragraph (xi).

15.  In the entry relating to section 378(6)(c), in column 2 in the entry relating to Northern Ireland—

(a) omit paragraph (a);

(b) in paragraph (b)—

(i) omit sub-paragraph (i);

(ii) in sub-paragraph (ii) for “the Department of the Environment in Northern Ireland” substitute “the Department for Agriculture, Environment and Rural Affairs in Northern Ireland”;

(iii) in sub-paragraph (v) for “the Department for Social Development in Northern Ireland” substitute “the Department for Communities in Northern Ireland”;

(iv) after sub-paragraph (vi) insert—

“(via) the Food Standards Agency and is not below grade 7;”;

(v) after sub-paragraph (ix) insert—

“(ixa) the Ministry of Defence and is not below the grade of B2;

(ixb) the Northern Ireland Environment Agency and is not below the grade of Deputy Principal or Senior Scientific Officer;”.

Article 4

SCHEDULE 2 Amendments to the 2015 Order

1.  In article 2(1) (interpretation) of the 2015 Order—

(a) in the definition of “local authority”—

(i) in sub-paragraph (a)—

(aa) in paragraph (iv) omit “and”; and

(bb) after paragraph (v), insert—

“(vi) a parish council; and”;

(ii) in sub-paragraph (b), after “county council” insert “, a community council”;

(b) at the end of the definition of “the Post Office” omit “and”; and

(c) after the definition of “the Royal Mail” insert—

• “Velindre National Health Service Trust” means the NHS Trust established by the Velindre National Health Service Trust (Establishment) Order 1993(4).”.

2.  The Schedule to the 2015 Order is amended as provided for in paragraphs 3 to 16.

3.  In the entry relating to section 42(2)(c), in paragraph (c) in column 2—

(a) after sub-paragraph (xv) insert—

“(xva) the Ministry of Defence;”;

(b) in sub-paragraph (xxv) omit “or”; and

(c) after sub-paragraph (xxv) insert—

“(xxva) Velindre National Health Trust; or”.

4.  In the entry relating to sections 47A(1)(c) and 47M(3)(c) before paragraph (b)(i) in column 2, insert—

“(ai) the Financial Conduct Authority;”.

5.  In the entry relating to section 47G(3)(c), in column 2—

(a) in paragraph (a), omit “or” in the second place where it occurs;

(b) after paragraph (a) insert—

“(aa) an NCA officer at or above grade 2; or”; and

(c) before paragraph (b)(i) insert;

“(ai) the Financial Conduct Authority and is at or above the grade of Manager;”.

6.  In the entry relating to section 68(3)(c) in column 2—

(a) in paragraph (a), for “grade 3” substitute “grade 2”;

(b) in paragraph (b)—

(i) after sub-paragraph (xv) insert—

“(xva) the Ministry of Defence and is at or above the grade of B2;”;

(ii) in sub-paragraph (xxii) for “Deputy Director” substitute “Investigations Manager”;

(iii) in sub-paragraph (xxiv) omit “or”; and

(iv) after sub-paragraph (xxiv) insert—

“(xxiva) Velindre National Health Trust; or”.

7.  In the entry relating to Chapter 3 of Part 5 (other than the second reference in section 290(4)(c)), in paragraph (b) in column 2—

(a) after sub-paragraph (xii) insert—

“(xiia) the Ministry of Defence;”;

(b) in sub-paragraph (xx) omit “or”; and

(c) after sub-paragraph (xx) insert—

“(xxa) Velindre National Health Trust; or”.

8.  In the entry relating to section 290(4)(c) in column 2—

(a) in paragraph (b), for “grade 3” substitute “grade 2”;

(b) in paragraph (c)—

(i) after sub-paragraph (xii) insert—

“(xiia) the Ministry of Defence and is at or above the grade of B2;”;

(ii) in sub-paragraph (xix) omit “or” in the second place where it occurs; and

(iii) after sub-paragraph(xix) insert—

“(xixa) Velindre National Health Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or”.

9.  In the entry relating to section 352(5)(c), in paragraph (b) in column 2 —

(a) in sub-paragraph (xix) omit “or”; and

(b) after sub-paragraph (xix) insert—

“(xixa) Velindre National Health Trust; or”.

10.  In the entry relating to section 353(10)(c) in paragraph (b) in column 2 —

(a) in sub-paragraph (xix) omit “or”; and

(b) after sub-paragraph (xix) insert—

“(xixa) Velindre National Health Trust; or”.

11.  In the entry relating to section 378(1)(b) in paragraph (b) in column 2—

(a) after sub-paragraph (xii) insert—

“(xiia) the Intellectual Property Office;”;

(b) after sub-paragraph (xv) insert—

“(xva) the Ministry of Defence;”;

(c) in sub-paragraph (xxv) omit “or”; and

(d) after sub-paragraph (xxv) insert—

“(xxva) Velindre National Health Trust; or”.

12.  In the entry relating to section 378(2)(d) in column 2—

(a) after paragraph (l) insert—

“(la) the Intellectual Property Office and is at or above the grade of Head of Intelligence at Copyright Enforcement Directorate C2 or equivalent;”;

(b) after paragraph (o) insert—

“(oa) the Ministry of Defence and is at or above the grade of B2;”;

(c) after paragraph (p) insert—

“(pa) an NCA officer not below grade 2;”;

(d) in paragraph (v) for “Deputy Director” substitute “Investigations Manager”;

(e) in paragraph (x) omit “or” in the second place where it occurs; and

(f) after paragraph (x) insert—

“(xa) Velindre National Health Trust and is not below the grade of Operations Fraud Manager (pay band 8B); or”.

13.  In the entry relating to section 378(3A)(ab), in paragraph (b) in column 2—

(a) after paragraph (xii) insert—

“(xiia) the Ministry of Defence;”;

(b) in paragraph (xix) omit “or”; and

(c) after paragraph (xix) insert—

“(xixa) Velindre National Health Trust; or”.

14.  In the entry relating to section 378(3AA)(b), in column 2—

(a) in paragraph (a), for “grade 3” substitute “grade 2”;

(b) in paragraph (b)—

(i) after sub-paragraph (xii) insert—

“(xiia) the Ministry of Defence and is at or above the grade of B2;”;

(ii) in sub-paragraph (xviii) omit “or” in the second place where it occurs; and

(iii) after sub-paragraph (xviii) insert—

“(xviiia) Velindre National Health Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or”.

15.  In the entry relating to section 378(4)(a), in paragraph (b) in column 2—

(a) after sub-paragraph (xvi) insert—

“(xvia) the Ministry of Defence;”;

(b) in sub-paragraph (xxv) omit “or”; and

(c) after sub-paragraph (xxv) insert—

“(xxva) Velindre National Health Trust; or”.

16.  In the entry relating to section 378(6)(c), in column 2—

(a) in paragraph (a), for “grade 3” substitute “grade 2”;

(b) in paragraph (b)—

(i) after sub-paragraph (xvi) insert—

“(xvia) the Ministry of Defence and is at or above the grade of B2;”;

(ii) in sub-paragraph (xxiv) omit “or”; and

(iii) after sub-paragraph (xxiv) insert—

“(xxiva) Velindre National Health Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or”.

(1)

Sections 195A to 195S were inserted by section 57(1) and (2) of the Policing and Crime Act 2009 (c. 26). Section 195A was amended by section 55(3) and (4)(c) of the Crime and Courts Act 2013 (c.22).

(2)

Section 378(3A) was inserted by the Serious Crime Act 2007 (c. 27), section 77 and Schedule 10, paragraphs 1 and 13. Paragraph (ab) was inserted by section 80(7) of that Act.

(3)

Section 378(3AA)(b) was inserted by the Crime and Courts Act 2013 (c. 22), section 49(b) and Schedule 19, Part 2, paragraphs 24 and 27(1) and (2).

(4)

S.I. 1993/2838.