Part 8U.K.Investigations

Chapter 2E+W+N.I.England and Wales and Northern Ireland

Modifications etc. (not altering text)

C1Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

InterpretationE+W+N.I.

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 [F9or the Welsh Ministers] under section 453.

(3)[F10In relation to a civil recovery investigation

[F11—

(a)a [F12National Crime Agency officer] or the relevant Director is an appropriate officer;

(b)a [F13senior National Crime Agency officer] is a senior appropriate officer.]]

[F10In 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.

[F14(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.]

[F15(c)a senior Financial Conduct Authority officer.]

[F16(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

[F17(aa)an SFO officer;]

[F18(ab)an accredited financial investigator;]

(b)an officer of Revenue and Customs.

[F19(c)an immigration officer.]]

[F20(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;

[F21(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 [F22or the Welsh Ministers] 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.

[F23(d)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.]]

[F24(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 [F25or the Welsh Ministers] under section 453.]

[F26(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 [F27or the Welsh Ministers] 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 [F28or the Welsh Ministers] 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 [F29or the Welsh Ministers] 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 [F30or the Welsh Ministers] 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;

[F31(ba)an SFO officer;]

[F32(c)an officer of Revenue and Customs;]

[F33(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 [F34the [F35Director 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;

[F36(aa)the Director of the Serious Fraud Office;]

(b)[F37an 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;

[F38(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 [F39or the Welsh Ministers] under section 453.

[F40(6A)In relation to an exploitation proceeds investigation [F41—

(a)], [F42a National Crime Agency officer] is an appropriate officer.]

[F43(b)a [F44senior National Crime Agency officer] is a senior appropriate officer.]

F45(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(8)For the purposes of this Part a [F47senior National Crime Agency officer] is—

(a)the [F48Director General of the National Crime Agency]; or

(b)any [F49other National Crime Agency officer] authorised by the Director General (whether generally or specifically) for this purpose.]

[F50(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

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)

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)

F10S. 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)

F14S. 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)

F15S. 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)

F17S. 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)

F20S. 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

F21S. 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)

F23S. 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

F26S. 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)

F31S. 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)

F32S. 378(4)(c) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(c)

F36S. 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)

F37Words in s. 378(6)(b) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(b)

F41Word 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

F43S. 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

F44Words 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

F50S. 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)

Modifications etc. (not altering text)

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)