Version Superseded: 27/03/2014
Point in time view as at 06/04/2008. This version of this provision has been superseded.
Commissioners for Revenue and Customs Act 2005, Section 38 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An individual who is not a member of the Office may be appointed by the Director to exercise any function of the Director under or by virtue of section 35 in relation to—
(a)specified criminal proceedings, or
(b)a specified class or description of criminal proceedings.
[F1(1A)An individual who is not a member of the Office may be appointed by the Director to appear in—
(a)specified proceedings, or
(b)a specified class or description of proceedings,
in which the Director or a Prosecutor would otherwise appear by virtue of section 302A of the Proceeds of Crime Act 2002 (cash recovery proceedings).]
(2)An individual may be appointed under this section only if he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (qualifications for judicial appointments).
(3)An individual appointed under this section shall act in accordance with any instructions of—
(a)the Director, or
(b)a Prosecutor.
Textual Amendments
F1S. 38(1A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 84(3), 94(1); S.I. 2008/755, art. 17(1)(h)
Modifications etc. (not altering text)
C1S. 38(1) modified (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 38(6), 178(8); S.I. 2006/378, art. 4(1), Sch. para. 5
Commencement Information
I1S. 38 in force at 7.4.2005 by S.I. 2005/1126, art. 2(1)
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