The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) (Amendment) Order 2024

Schedule 1, Part 5: Investigations

8.—(1) Table 5 in Part 5 of Schedule 1 (Chapter 2 of Part 8: Investigations) is amended as follows.

(2) In the entry for sections 352(5)(c), (ca) and (cb)(1), and 353(10)(c), (ca) and (cb)(2) (search and seizure warrants), in column 2, in the paragraph relating to England and Wales, in sub-paragraph (b)—

(a) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(b) after paragraph (ii), insert—

“(iia) the Department for Energy Security and Net Zero;”;

(c) after paragraph (iv), insert—

“(iva) the Department for Science, Innovation and Technology;”.

(3) In the entry for section 378(1)(b) (confiscation investigations: appropriate officers)(3), in column 2, in the paragraph relating to England and Wales—

(a) before sub-paragraph (a), insert—

“(za) the Cabinet Office;”;

(b) after sub-paragraph (b), insert—

“(ba) the Department for Energy Security and Net Zero;”;

(c) after sub-paragraph (d), insert—

“(da) the Department for Science, Innovation and Technology;”.

(4) In the entry for section 378(2)(d) (confiscation investigations: senior appropriate officers), in column 2, in the paragraph relating to England and Wales—

(a) before sub-paragraph (a), insert—

“(za) the Cabinet Office and is at or above the grade of senior executive officer;”;

(b) after sub-paragraph (b), insert—

“(ba) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(c) after sub-paragraph (d), insert—

“(da) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”.

(5) In the entry for section 378(3A)(ab) (detained cash investigations: appropriate officers), in column 2—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(ii) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(iii) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”;

(iv) after paragraph (xxii), insert—

“(xxiia) the Security Industry Authority;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

“(xviii) the Security Industry Authority.”.

(6) In the entry for section 378(3AA)(b) (detained cash investigations: senior appropriate officers), in column 2—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office and is at or above the grade of senior executive officer;”;

(ii) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(iii) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”;

(iv) after paragraph (xxii), insert—

“(xxia) the Security Industry and is at or above the grade of Investigations Manager;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

“(xviia) the Security Industry Authority and is at or above the grade of Investigations Manager;”.

(7) In column 2 of the entry for section 378(3C)(c) (detained property investigations: appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

(a) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(b) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(c) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”.

(8) In column 2 of the entry for section 378(3D)(c) (detained property investigations: senior appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

(a) before paragraph (i), insert—

“(ai) the Cabinet Office and is at or above the grade of senior executive officer;”;

(b) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(c) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”.

(9) In column 2 of the entry for section 378(3E)(c) (frozen funds investigations: appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

(a) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(b) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(c) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”.

(10) In column 2 of the entry for section 378(3F)(c) (frozen funds investigations: senior appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

(a) before paragraph (i), insert—

“(ai) the Cabinet Office and is at or above the grade of senior executive officer;”;

(b) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(c) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”.

(11) In the entry for section 378(4)(a) (money laundering investigations: appropriate officers), in column 2—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(ii) after paragraph (ii), insert—

“(iia) the Department for Energy Security and Net Zero;”;

(iii) after paragraph (iv), insert—

“(iva) the Department for Science, Innovation and Technology;”;

(iv) after paragraph (xxiv), insert—

“(xxiva) the Security Industry Authority;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xix), insert—

“(xx) the Security Industry Authority.”.

(12) In the entry for section 378(6)(c) (money laundering investigations: senior appropriate officers), in column 2—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office and is at or above the grade of senior executive officer;”;

(ii) after paragraph (ii), insert—

“(iia) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(iii) after paragraph (iv), insert—

“(iva) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”;

(iv) after paragraph (xxiv), insert—

“(xxiva) the Security Industry Authority and is at or above the grade of Investigations Manager;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xix), insert—

“(xx) the Security Industry Authority and is at or above the grade of Investigations Manager.”.

(1)

Section 352(5) was amended by paragraph 12 of Schedule 48 to the Finance Act 2013, and paragraph 47 of Schedule 5 to the Criminal Finances Act 2017. There are other amendments to section 352(5) which are not relevant to this instrument.

(2)

Section 353(10) was amended by section 80(3)(b) of the Serious Crime Act 2007, paragraph 32 of Schedule 21 to the Crime and Courts Act 2013, and paragraph 48 of Schedule 5 to the Criminal Finances Act 2017. There are other amendments to section 352(5) which are not relevant to this instrument.

(3)

Section 378 has been amended by section 80(7) and (8) of, and paragraph 13 of Schedule 10 to, the Serious Crime Act 2007, paragraph 27 of Schedule 19 to the Crime and Courts Act 2013, paragraph 59 of Schedule 5 to the Criminal Finances Act 2017 and S.I. 2018/285. There are other amendments to this section which are not relevant to this instrument.