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

Cryptoassets

6.  After the entry for section 303Z2(4)(e), insert—

“Section 303Z20(4)(a)(iv) (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: general)	In relation to England and Wales, an accredited financial investigator who is— (a) a National Crime Agency officer; (b) a member of staff of— (i) the Cabinet Office; (ii) the Department for Business and Trade; (iii) the Department for Energy Security and Net Zero; (iv) the Department for Environment, Food and Rural Affairs; (v) the Department for Health and Social Care; (vi) the Department for Science, Innovation and Technology; (vii) the Department for Transport; (viii) the Department for Work and Pensions; (ix) the Environment Agency; (x) the Financial Conduct Authority; (xi) the Food Standards Agency; (xii) the Gambling Commission; (xiii) the Gangmasters and Labour Abuse Authority; (xiv) the Home Office; (xv) the Information Commissioner’s Office; (xvi) a local authority; (xvii) the London Fire Commissioner; (xviii) the Marine Management Organisation; (xix) the Ministry of Defence; (xx) the Ministry of Justice; (xxi) the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru); (xxii)  a police force in England and Wales (other than a constable); (xxiii) the Post Office; (xxiv) the Prudential Regulation Authority; (xxv) the Royal Mail; (xxvi) the Security Industry Authority; (xxvii) Transport for London; (xxviii) Velindre National Health Service Trust.  In relation to Northern Ireland, an accredited financial investigator who is— (a) a National Crime Agency officer; (b) a member of staff of— (i) the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland); (ii) the Department for Communities (of Northern Ireland); (iii) the Department for the Economy (of Northern Ireland); (iv) the Department for Environment, Food and Rural Affairs; (v) the Department for Health and Social Care; (vi) the Department for Infrastructure (of Northern Ireland); (vii) the Department for Transport; (viii) the Financial Conduct Authority; (ix) the Food Standards Agency; (x) the Gangmasters and Labour Abuse Authority; (xi) the Home Office; (xii) the Information Commissioner’s Office; (xiii) the Ministry of Defence; (xiv) the Police Service of Northern Ireland (other than a constable); (xv) the Post Office; (xvi) the Prudential Regulation Authority; (xvii) the Royal Mail; (xviii) the Security Industry Authority.
Section 303Z20(4)(b)(v)(1) (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: senior officers)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— (a) the Cabinet Office and is at or above the grade of senior executive officer; (b) the Department for Business and Trade and is at or above the grade of senior executive officer; (c) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer; (d) the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer; (e) the Department for Health and Social Care and is at or above grade 7; (f) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer; (g) the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement; (h) the Department for Work and Pensions and is at or above the grade of senior executive officer; (i) the Environment Agency and is at or above Area Environment Manager-EA grade 7; (j) the Financial Conduct Authority and is— (i) at or above the grade of manager, or (ii) authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department; (k) the Food Standards Agency and is at or above grade 7; (l) the Gambling Commission and is at or above the grade of Head of Enforcement; (m) the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager; (n) the Home Office and is at or above the grade of senior executive officer; (o) the Information Commissioner’s Office and is at or above the grade of Head of Department; (p) a local authority and has received relevant training; (q) the London Fire Commissioner and is at or above the grade of grade 6 manager; (r) the Marine Management Organisation and is at or above the grade of senior executive officer; (s) the Ministry of Defence and is at or above grade B2; (t) the Ministry of Justice and is at or above grade 7; (u) the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of senior manager; (v) a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector; (w) the Post Office and is at or above the grade of broadband 3; (x) the Prudential Regulation Authority and is at or above the grade of manager; (y) the Royal Mail and is at or above the grade of broadband 3; (z) the Security Industry Authority and is at or above the grade of Investigations Manager; (z1) Transport for London and is at or above the grade of Senior Management Level; (z2) Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).
	In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— (a) the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer; (b) the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal; (c) the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal; (d) the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer; (e) the Department for Health and Social Care and is at or above grade 7; (f) the Department for Infrastructure (of Northern Ireland) and is at or above grade of Deputy Principal; (g) the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement; (h) the Financial Conduct Authority and is at or above the grade of manager; (i) the Food Standards Agency and is at or above grade 7; (j) the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager; (k) the Home Office and is at or above the grade of senior executive officer; (l) the Information Commissioner’s Office and is at or above the grade of Head of Department; (m) the Ministry of Defence and is at or above grade B2; (n) the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector; (o) the Post Office and is at or above the grade of broadband 3; (p) the Prudential Regulation Authority and is at or above the grade of manager; (q) the Royal Mail and is at or above the grade of broadband 3; (r) the Security Industry Authority and is at or above the grade of Investigations Manager.
Section 303Z41 (forfeiture of cryptoassets)	In relation to England and Wales, an accredited financial investigator who is— (a) a National Crime Agency officer; (b) a member of staff of— (i) the Cabinet Office; (ii) the Department for Business and Trade Strategy; (iii) the Department for Energy Security and Net Zero; (iv) the Department for Environment, Food and Rural Affairs; (v) the Department for Health and Social Care; (vi) the Department for Science, Innovation and Technology; (vii) the Department for Transport; (viii) the Department for Work and Pensions; (ix) the Environment Agency; (x) the Financial Conduct Authority; (xi) the Food Standards Agency; (xii) the Gambling Commission; (xiii) the Gangmasters and Labour Abuse Authority; (xiv) the Home Office; (xv) the Information Commissioner’s Office; (xvi) a local authority; (xvii) the London Fire Commissioner; (xviii) the Marine Management Organisation; (xix) the Ministry of Defence; (xx) the Ministry of Justice; (xxi) the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru); (xxii) a police force in England and Wales (other than a constable); (xxiii) the Post Office; (xxiv) the Prudential Regulation Authority; (xxv) the Royal Mail; (xxvi) the Security Industry Authority; (xxvii) Transport for London; (xxviii) Velindre National Health Service Trust.  In relation to Northern Ireland, an accredited financial investigator who is— (a) a National Crime Agency officer; (b) a member of staff of— (i) the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland); (ii) the Department for Communities (of Northern Ireland); (iii) the Department for the Economy (of Northern Ireland); (iv) the Department for Environment, Food and Rural Affairs; (v) the Department for Health and Social Care; (vi) the Department for Infrastructure (of Northern Ireland); (vii) the Department for Transport; (viii) the Financial Conduct Authority; (ix) the Food Standards Agency; (x) the Gangmasters and Labour Abuse Authority; (xi) the Home Office; (xii) the Information Commissioner’s Office; (xiii) the Ministry of Defence; (xiv) the Police Service of Northern Ireland (other than a constable); (xv) the Post Office; (xvi) the Prudential Regulation Authority; (xvii) the Royal Mail; (xviii) the Security Authority.”.

(1)

Section 303Z20 was inserted into the Proceeds of Crime Act 2002 with sections 303Z21 to 303Z65, by paragraph 1 of Schedule 1 to the Economic Crime and Corporate Transparency Act 2023 (c. 56).