Part 8Investigations

C1Chapter 2England and Wales and Northern Ireland

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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)

Interpretation

I1378 Officers

1

In relation to a confiscation investigation these are appropriate officers—

F19a

a National Crime Agency officer;

C2b

an accredited financial investigator;

c

a constable;

F36ca

an SFO officer;

F14d

an officer of Revenue and Customs;

F9e

an immigration officer.

2

In relation to a confiscation investigation these are senior appropriate officers—

F20a

a senior National Crime Agency officer;

b

a police officer who is not below the rank of superintendent;

F37ba

the Director of the Serious Fraud Office;

c

F15an 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;

F10ca

an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;

C5d

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 F42or the Welsh Ministers under section 453.

3

F32In relation to a civil recovery investigation

F2

a

a F23National Crime Agency officer or the relevant Director is an appropriate officer;

b

a F24senior National Crime Agency officer is a senior appropriate officer.

F32In 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.

F33d

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.

F34c

a senior Financial Conduct Authority officer.

F53A

In relation to a detained cash investigation these are appropriate officers—

a

a constable;

F38aa

an SFO officer;

C3F6ab

an accredited financial investigator;

b

an officer of Revenue and Customs.

F11c

an immigration officer.

F273AA

In relation to a detained cash investigation these are senior appropriate officers—

a

a police officer who is not below the rank of superintendent;

F39aa

the Director of the Serious Fraud Office;

C6b

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 F43or 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.

F30d

an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.

F73B

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 F44or the Welsh Ministers under section 453.

F463C

In relation to a detained property investigation these are appropriate officers—

a

a constable;

b

an SFO officer;

C8c

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 F47or 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;

C10c

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 F48or 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;

C9c

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 F49or 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;

C11c

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 F50or 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—

C4a

an accredited financial investigator;

b

a constable;

F40ba

an SFO officer;

F16c

an officer of Revenue and Customs;

F12d

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 F1the F18Director 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;

F41aa

the Director of the Serious Fraud Office;

b

F17an 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;

F13ba

an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;

C7c

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 F45or the Welsh Ministers under section 453.

F86A

In relation to an exploitation proceeds investigation F28

a

, F22a National Crime Agency officer is an appropriate officer.

F29b

a F31senior National Crime Agency officer is a senior appropriate officer.

F47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38

For the purposes of this Part a F21senior National Crime Agency officer is—

a

the F25Director General of the National Crime Agency; or

b

any F26other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.

F359

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.