Part 1F1Introductory

Annotations:
Amendments (Textual)

F31 The Agency and its Director

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F42 Director’s functions: general

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2AF2Contribution to the reduction of crime

1

A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.

2

In this section “a relevant authority” means—

a

F11the National Crime Agency,

b

the Director of Public Prosecutions,

c

the Director of Public Prosecutions for Northern Ireland,

F25d

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e

the Director of the Serious Fraud Office.

F29f

Her Majesty's Revenue and Customs, or

g

the Financial Conduct Authority.

3

In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by—

a

in the case of F12the National Crime Agency, the Secretary of State,

b

in the case of the Director of Public Prosecutions F26... or the Director of the Serious Fraud Office, the Attorney General, F30and

c

in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland F31, and

d

in the case of Her Majesty's Revenue and Customs or the Financial Conduct Authority, the Treasury.

4

The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.

5

The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland.

2BF13The National Crime Agency and its officers

F141

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2

Anything which F15the National Crime Agency is authorised or required to do under this Act (whether directly or through its staff) may be done by a person providing services under arrangements made by F16that Agency if the person is authorised by F16that Agency (whether generally or specifically) for that purpose.

F173

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2CProsecuting authorities

1

Anything which the Director of Public Prosecutions is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director (generally or specifically) for that purpose.

2

Anything which F22... the Director of the Serious Fraud Office is authorised or required to do under, or in relation to, Part F332, 4, 5, F327 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director F23... (generally or specifically) for that purpose.

3

Anything which a relevant Director or a member of his staff is authorised or required to do under, or in relation to, Part F342, 4, 5 or 8 of this Act may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose.

F103A

Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland F21... under section 302AF27, 303X or 303Z19

4

In this section “relevant Director” means—

a

the Director of Public Prosecutions,

b

the Director of Public Prosecutions for Northern Ireland,

F24c

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d

the Director of the Serious Fraud Office.

3 Accreditation and training

1

The F18National Crime Agency must F5provide a system for the accreditation of financial investigators.

2

The system of accreditation must include provision for—

a

the monitoring of the performance of accredited financial investigators, and

b

the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he was accredited F20, and

c

securing that decisions under that system which concern—

i

the grant or withdrawal of accreditations, or

ii

the monitoring of the performance of accredited financial investigators,

are taken without regard to their effect on operations by the National Crime Agency or any other person.

3

A person may be accredited—

a

in relation to this Act;

b

in relation to particular provisions of this Act.

4

But the accreditation may be limited to specified purposes.

5

A reference in this Act to an accredited financial investigator is to be construed accordingly.

F66

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7

The F19National Crime Agency must make provision for the training of persons in—

a

financial investigation, and

b

the operation of this Act.

F78

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F84 Co-operation

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F95 Advice and assistance

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