The Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003

Made13th February 2003

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by sections 439(6) and 441(9) of the Proceeds of Crime Act 20021 and all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 459(6)(b) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation1

1

This Order may be cited as the Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003.

2

This Order shall come into force on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.

3

In this Order “the Act” means the Proceeds of Crime Act 2002.

Disclosure of information to Lord Advocate and to Scottish Ministers2

For the purposes of section 439 of the Act, the persons listed in column 1 of the Schedule are designated as permitted persons in respect of the functions specified in relation to those persons in column 2 of the Schedule, being functions which the Scottish Ministers believe are of a public nature.

Disclosure of information by Lord Advocate and by Scottish Ministers3

The functions designated for the purposes of section 441 of the Act, being functions which the Scottish Ministers think are of a public nature, are–

a

protecting public health;

b

the functions of the Financial Services Authority under the Financial Services and Markets Act 20002.

HUGH HENRYA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh13th February 2003

SCHEDULEPERSONS DESIGNATED AS PERMITTED PERSONS FOR THE PURPOSES OF SECTION 439 OF THE ACT

Article 2

Column 1	Column 2
(permitted persons)	(functions specified)
The Secretary of State	Functions exercised for the purposes of– a the prevention, detection, investigation or prosecution of offences relating to a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 19733; or b checking the accuracy of any benefit, payment or advantage in a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 1973. Functions exercised for the purposes of the prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles. Functions under– a the Employment Agencies Act 19734; b Part XIV of the Companies Act 19855; c Part III of the Companies Act 19896; d the Export of Goods (Control) Order 19947; e Part XI of the Financial Services and Markets Act 20008; f the Dual-Use Items (Export Control) Regulations 20009.
An officer authorised under section 9 of the Employment Agencies Act 1973	Functions under section 9 of the Employment Agencies Act 1973.
A person appointed or authorised to exercise powers under Part XIV of the Companies Act 1985	Functions under Part XIV of the Companies Act 1985.
A person appointed to conduct an investigation under Part XI of the Financial Services and Markets Act 2000	Functions under Part XI of the Financial Services and Markets Act 2000.
The Civil Aviation Authority	Functions under– a the Civil Aviation Act 198210; b Part IV and sections 69 and 73 of the Airports Act 198611; and c Part I of the Transport Act 200012
The Gaming Board for Great Britain	Functions under the Gaming Act 196813 and the Lotteries and Amusements Act 197614.
The Common Services Agency for the Scottish Health Service	Functions under article 3 of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 197415 exercised for the purposes of prevention, detection, investigation or prosecution of crime.
A financial investigator appointed under article 49 of the Proceeds of Crime (Northern Ireland) Order 199616	Functions under articles 50 and 51 of, and Schedule 2 to, the Proceeds of Crime (Northern Ireland) Order 199617.
The department for Social Development in Northern Ireland.	Functions exercised for the purposes of– a the prevention, detection, investigation or prosecution of offences relating to a social security matter; or b checking the accuracy of any benefit, payment or advantage in a social security matter.
The department for Employment and Learning in Northern Ireland	Functions exercised for the purposes of– a the prevention, detection, investigation or prosecution of offences relating to a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 195018; or b checking the accuracy of any benefit, payment or advantage in a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 1950.
The department of the Environment in Northern Ireland	Functions exercised for the purposes of the prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles.

(This note is not part of the Order)

This Order makes provision for the disclosure of information to and by the Lord Advocate and the Scottish Ministers in respect of their functions under the Proceeds of Crime Act 2002 (“the Act”), in relation to criminal confiscation and civil recovery of the proceeds of unlawful conduct. This Order has effect throughout the UK.

Article 2 designates as permitted persons, for the purposes of section 439 (disclosure of information to Lord Advocate and to Scottish Ministers) of the Act, the persons listed in column 1 of the Schedule to the Order. The designations are made in respect of the functions specified in relation to those persons in column 2 of the Schedule. The persons so designated are in addition to the permitted persons listed in section 439(5) of the Act.

Article 3 designates functions for the purposes of section 441 (disclosure of information by Lord Advocate and by Scottish Ministers) of the Act. The functions designated are in addition to those mentioned in section 441(2)(a) to (i) of the Act.

By virtue of sections 439(3) and 441(7) of the Act, this Order has effect subject to the provisions of the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000.