Additional investigation powers3
1
Article 49 of the 1996 Order (additional investigation powers) shall be amended as follows.
2
In paragraph (1)—
a
for the words “an officer of the Royal Ulster Constabulary not below the rank of superintendent” there shall be substituted the words “a senior officer of an enforcement authority”;
b
in sub-paragraph (a)—
i
for the words “Royal Ulster Constabulary” there shall be substituted the words “authority; and”
ii
in head (ii), for the words “the proceeds of any such conduct” there shall be substituted the words “any relevant property”; and
c
in sub-paragraph (b), after the words “a police officer” there shall be inserted the words “or customs officer”.
3
After paragraph (1) there shall be inserted the following paragraph—
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.
4
In paragraphs (2) and (3), after the words “paragraph (1)” there shall be inserted the words “or (1A)”.
5
For paragraph (5) there shall be substituted the following paragraph—
5
In this Article—
“customs officer” means an officer commissioned by the Commissioners of Customs and Excise;
“enforcement authority” means—
- a
the Royal Ulster Constabulary; or
- 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—
- a
the proceeds of any conduct to which this Article applies; or
- 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—
- a
a police officer of at least the rank of superintendent; or
- b
a customs officer of at least such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank.
6
In the definition of “financial investigator” in Article 2(2) of that Order, for “49” there shall be substituted “49(1)”.