378 OfficersE+W+N.I.
(1)In relation to a confiscation investigation these are appropriate officers—
[F1(a)a National Crime Agency officer;]
(b)an accredited financial investigator;
(c)a constable;
[F2(ca)an SFO officer;]
[F3(d)an officer of Revenue and Customs;]
[F4(e)an immigration officer.]
(2)In relation to a confiscation investigation these are senior appropriate officers—
[F5(a)a senior National Crime Agency officer;]
(b)a police officer who is not below the rank of superintendent;
[F6(ba)the Director of the Serious Fraud Office;]
(c)[F7an officer of Revenue and Customs] who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
[F8(ca)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;]
(d)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.
(3)[F9In relation to a civil recovery investigation
[F10—
(a)a [F11National Crime Agency officer] or the relevant Director is an appropriate officer;
(b)a [F12senior National Crime Agency officer] is a senior appropriate officer.]]
[F9In relation to a civil recovery investigation these are appropriate officers—
(a)a National Crime Agency officer;
(b)the relevant Director;
(c)an officer of Revenue and Customs.
[F13(d)a Financial Conduct Authority officer.]
(3ZA)In relation to a civil recovery investigation these are senior appropriate officers—
(a)a senior National Crime Agency officer;
(b)the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.]
[F14(c)a senior Financial Conduct Authority officer.]
[F15(3A)In relation to a detained cash investigation these are appropriate officers—
(a)a constable;
[F16(aa)an SFO officer;]
[F17(ab)an accredited financial investigator;]
(b)an officer of Revenue and Customs.
[F18(c)an immigration officer.]]
[F19(3AA)In relation to a detained cash investigation these are senior appropriate officers—
(a)a police officer who is not below the rank of superintendent;
[F20(aa)the Director of the Serious Fraud Office;]
(b)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453;
(c)an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank.
[F21(d)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.]]
[F22(3B)The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]
[F23(3C)In relation to a detained property investigation these are appropriate officers—
(a)a constable;
(b)an SFO officer;
(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453;
(d)an officer of Revenue and Customs.
(3D)In relation to a detained property investigation these are senior appropriate officers—
(a)a police officer who is not below the rank of inspector;
(b)the Director of the Serious Fraud Office;
(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453;
(d)an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.
(3E)In relation to a frozen funds investigation these are appropriate officers—
(a)a constable;
(b)an SFO officer;
(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453;
(d)an officer of Revenue and Customs.
(3F)In relation to a frozen funds investigation these are senior appropriate officers—
(a)a police officer who is not below the rank of inspector;
(b)the Director of the Serious Fraud Office;
(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453;
(d)an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.]
(4)In relation to a money laundering investigation these are appropriate officers—
(a)an accredited financial investigator;
(b)a constable;
[F24(ba)an SFO officer;]
[F25(c)an officer of Revenue and Customs;]
[F26(d)an immigration officer.]
(5)For the purposes of section 342, in relation to a money laundering investigation a person authorised for the purposes of money laundering investigations by [F27the [F28Director General of the National Crime Agency]] is also an appropriate officer.
(6)In relation to a money laundering investigation these are senior appropriate officers—
(a)a police officer who is not below the rank of superintendent;
[F29(aa)the Director of the Serious Fraud Office;]
(b)[F30an officer of Revenue and Customs] who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
[F31(ba)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;]
(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.
[F32(6A)In relation to an exploitation proceeds investigation [F33—
(a)], [F34a National Crime Agency officer] is an appropriate officer.]
[F35(b)a [F36senior National Crime Agency officer] is a senior appropriate officer.]
F37(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F38(8)For the purposes of this Part a [F39senior National Crime Agency officer] is—
(a)the [F40Director General of the National Crime Agency]; or
(b)any [F41other National Crime Agency officer] authorised by the Director General (whether generally or specifically) for this purpose.]
[F42(9)For the purposes of this Part—
(a)“Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority;
(b)“senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.]
Textual Amendments
F1S. 378(1)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(2); S.I. 2013/1682, art. 3(v)
F2S. 378(1)(ca) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(2); S.I. 2018/78, reg. 3(aa)
F3S. 378(1)(d) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(a)
F4S. 378(1)(e) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(a), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)
F5S. 378(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(3); S.I. 2013/1682, art. 3(v)
F6S. 378(2)(ba) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(3); S.I. 2018/78, reg. 3(aa)
F7Words in s. 378(2)(c) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(b)
F8S. 378(2)(ca) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(b), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)
F9S. 378(3)(3ZA) substituted for s. 378(3) (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 19(3), 58(1)(6); S.I. 2018/78, reg. 3(f)
F10Words in s. 378(3) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F11Words in s. 378(3)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(4)(a); S.I. 2013/1682, art. 3(v)
F12Words in s. 378(3)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(4)(b); S.I. 2013/1682, art. 3(v)
F13S. 378(3)(d) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 20(4), 58(1)(6); S.I. 2018/78, reg. 3(f)
F14S. 378(3ZA)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 20(5), 58(1)(6); S.I. 2018/78, reg. 3(f)
F15S. 378(3A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 13; S.I. 2008/755, art. 17(1)(d)(ii)
F16S. 378(3A)(aa) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(4); S.I. 2018/78, reg. 3(aa)
F17S. 378(3A)(ab) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(7), 94(1); S.I. 2008/755, art. 17(1)(g)
F18S. 378(3A)(c) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(c), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)
F19S. 378(3AA) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(2); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2
F20S. 378(3AA)(aa) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(5); S.I. 2018/78, reg. 3(aa)
F21S. 378(3AA)(d) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 29; S.I. 2015/964, art. 2(f); S.I. 2017/4, art. 2
F22S. 378(3B) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(8), 94(1); S.I. 2008/755, art. 17(1)(g)
F23S. 378(3C)-(3F) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 59; S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F24S. 378(4)(ba) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(6); S.I. 2018/78, reg. 3(aa)
F25S. 378(4)(c) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(c)
F26S. 378(4)(d) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(d), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)
F27Words in s. 378(5) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 175; S.I. 2006/378, art. 4(1), Sch. para. 10
F28Words in s. 378(5) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(5); S.I. 2013/1682, art. 3(v)
F29S. 378(6)(aa) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 25(7); S.I. 2018/78, reg. 3(aa)
F30Words in s. 378(6)(b) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(b)
F31S. 378(6)(ba) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 55(5)(e), 61(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(f)
F32S. 378(6A) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 18 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
F33Word in s. 378(6A) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(3)(a); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2
F34Words in s. 378(6A) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(6) ; S.I. 2013/1682, art. 3(v)
F35S. 378(6A)(b) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(3)(b); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2
F36Words in s. 378(6A)(b) substituted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 30; S.I. 2015/964, art. 2(f); S.I. 2017/4, art. 2
F37S. 378(7) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(6), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F38S. 378(8) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(7); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F39Words in s. 378(8) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(7)(a); S.I. 2013/1682, art. 3(v)
F40Words in s. 378(8)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(7)(b); S.I. 2013/1682, art. 3(v)
F41Words in s. 378(8)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 144(7)(c); S.I. 2013/1682, art. 3(v)
F42S. 378(9) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 20(6), 58(1)(6); S.I. 2018/78, reg. 3(f)
Commencement Information
I1S. 378 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)