1A

If, on an application made by a senior officer of an enforcement authority by complaint on oath, a county court judge is satisfied—

a

that an investigation by the authority into—

i

whether any person has benefited from any conduct to which this Article applies; or

ii

the extent or whereabouts of any relevant property;

is taking place; and

b

that the investigation could be more effectively carried out if a person named in the application who is a police officer or customs officer were authorised to exercise for the purposes of the investigation the powers conferred by paragraphs 3 and 3A of Schedule 2; and

c

that, having regard to the particular investigation, that person is a fit and proper person to be appointed,

he may authorise that person to exercise, for the purposes of the investigation the powers conferred by paragraphs 3 and 3A of Schedule 2.

5

In this Article—

• “customs officer” means an officer commissioned by the Commissioners of Customs and Excise;

• “enforcement authority” means—

  1. a

     the Royal Ulster Constabulary; or

  2. b

     the Commissioners of Customs and Excise;

• “police officer” has the same meaning as in Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 19894;

• “relevant property” means—

  1. a

     the proceeds of any conduct to which this Article applies; or

  2. b

     property held by a person who has benefited from such conduct or transferred by or to him at any time since the beginning of the period of 6 years ending with the date on which the application is made under paragraph (1) or (1A);

• “senior officer of an enforcement authority” means—

  1. a

     a police officer of at least the rank of superintendent; or

  2. b

     a customs officer of at least such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank.