Serious Crime Act 2007

2007 c. 27

An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes.

[30th October 2007]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1Serious Crime Prevention Orders

b

such other terms;

as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.

4

The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

5

In this Part “serious crime prevention order” means—

a

an order under this section; or

b

an order under section 19 (corresponding order of the Crown Court on conviction).

6

For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.

is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).

6

The test in subsection (4) is to be used instead of the test in section 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime in Northern Ireland.

7

An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

6

The test in subsection (4) is to be used instead of the test in section 2(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Wales.

7

An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

The Secretary of State may by order amend F12Part 1 of Schedule 1.

F115

The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

a requirement on a person to answer questions, or provide information, specified or described in an order—

i

at a time, within a period or at a frequency;

ii

at a place;

iii

in a form and manner; and

iv

to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order;

b

a requirement on a person to produce documents specified or described in an order—

i

at a time, within a period or at a frequency;

ii

at a place;

iii

in a manner; and

iv

to a law enforcement officer or description of law enforcement officer;

notified to the person by a law enforcement officer specified or described in the order.

6

The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual's private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).

7

In this Part—

“document” means anything in which information of any description is recorded (whether or not in legible form);
“a law enforcement officer” means—
1. a
  a constable;
2. b
  F48a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;
3. c
  an officer of Revenue and Customs; or
4. d
  a member of the Serious Fraud Office; and
“premises” includes any land, vehicle, vessel, aircraft or hovercraft.

8

Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or

b

the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

5

A disclosure under this section does not breach—

a

any obligation of confidence owed by the person making the disclosure, or

b

any other restriction on the disclosure of information (however imposed).

6

But nothing in this section authorises a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions.

General safeguards in relation to orders

I2786Any individual must be 18 or over

An individual under the age of 18 may not be the subject of a serious crime prevention order.

7F13Other exceptions

1

A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.

2

A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

I2798Limited class of applicants for making of orders

A serious crime prevention order may be made only on an application by—

a

in the case of an order in England and Wales—

i

the Director of Public Prosecutions;

F53ii

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

iii

the Director of the Serious Fraud Office; and

b

in the case of an order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

I2809Right of third parties to make representations

1

The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.

2

The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that—

a

the variation of the order; or

b

a decision not to vary it;

would be likely to have a significant adverse effect on that person.

3

The High Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that—

a

the discharge of the order; or

b

a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

4

The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 F89, 21 or 22E if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.

5

A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

in relation to a serious crime prevention order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

Information safeguards

I28211Restrictions on oral answers

A serious crime prevention order may not require a person to answer questions, or provide information, orally.

I28312Restrictions for legal professional privilege

1

A serious crime prevention order may not require a person—

a

to answer any privileged question;

b

to provide any privileged information; or

c

to produce any privileged document.

2

A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

3

“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

4

A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.

5

But subsection (1) does not prevent an order from requiring a lawyer to provide the name and address of a client of his.

I28413Restrictions on excluded material and banking information

1

A serious crime prevention order may not require a person to produce—

a

in the case of an order in England and Wales, any excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60); and

b

in the case of an order in Northern Ireland, any excluded material as defined by Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).

2

A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.

3

Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.

4

Condition B is that the order contains a requirement—

a

to disclose information, or produce documents, of this kind; or

b

to disclose specified information which is of this kind or to produce specified documents which are of this kind.

I28514Restrictions relating to other enactments

1

A serious crime prevention order may not require a person—

a

to answer any question;

b

to provide any information; or

c

to produce any document;

if the disclosure concerned is prohibited under any other enactment.

2

In this section—

“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—
1. a
  an Act of the Scottish Parliament; or
2. b
  Northern Ireland legislation.

I28615Restrictions on use of information obtained

has, on an application under section 9, been given an opportunity to make representations; or

ii

has made an application otherwise than under that section;

in earlier proceedings in relation to the order (whether before the High Court or the Crown Court); and

b

there has been a change of circumstances affecting the order.

7

Condition B is that—

a

the person falling within subsection (3)(b)(ii) has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court or the Crown Court); and

b

it was reasonable in all the circumstances for the person not to have done so.

8

A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

has made an application otherwise than under that section;

An order under this section is also called a serious crime prevention order.

I29120Powers of Crown Court to vary orders on conviction

1

1

Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

in addition to an order discharging the person conditionally.

7

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

F818

A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

I29322Inter-relationship between different types of orders

1

The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.

2

The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part.

3

A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence.

4

A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.

F90Powers to extend orders where person charged

Annotations:

Amendments (Textual)

F90

S. 22E and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 49, 88(1); S.I. 2015/820, reg. 2(h)

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).

2

Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.

24Appeals from Crown Court

I2951

An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—

a

the person who is the subject of the order; or

b

the relevant applicant authority.

I2952

In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—

a

to make a serious crime prevention order; or

b

to vary, or not to vary, such an order;

11

In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.

12

In this section—

“appropriate Minister” means—
1. a
  in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
2. b
  in relation to any other relevant body, the Secretary of State;
F1“company” means—
1. a
  a company registered under the Companies Act 2006 in England and Wales or Scotland, or
2. b
  an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),
but does not include a relevant body;
F2“the court”, in relation to a company, means a court in England and Wales or Scotland having jurisdiction to wind up the company;
F65...F65...F65...
“partnership” does not include a relevant body; and
“relevant body” means—
1. a
  a building society (within the meaning of the Building Societies Act 1986 (c. 53));
2. b
  an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
3. c
  F66a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;
4. d
  a limited liability partnership; or
5. e
  such other description of person as may be specified by order made by the Secretary of State;

and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).

I29928Powers to wind up companies etc: Northern Ireland

1

The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—

a

the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

b

the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.

2

The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—

a

a petition under this section for the winding up of a company; and

b

11

In this section—

“appropriate Minister” means—
1. a
  in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and
2. b
  in relation to any other relevant body, the F15Department of Justice in Northern Ireland;
F3“company” means—
1. a
  a company registered under the Companies Act 2006 in Northern Ireland, or
2. b
  an unregistered company within the meaning of Part 6 of the Insolvency (Northern Ireland) Order 1989 (see Article 184 of that Order),
“ the court ” means the High Court in Northern Ireland;
“ an industrial and provident society ” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;
“ partnership ” does not include a relevant body; and
“ relevant body ” means—
1. a
  a building society (within the meaning of the Building Societies Act 1986 (c. 53));
2. b
  an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
3. c
  an industrial and provident society;
4. d
  a limited liability partnership; or
5. e
  such other description of person as may be specified by order made by the F16Department of Justice in Northern Ireland;

and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).

I30029Powers to wind up: supplementary

1

The Secretary of State may by order make such modifications as he considers appropriate to the application of—

a

the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or

F19b

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

F171A

The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989 by virtue of section 28(2).

2

Any modifications made by virtue of subsection (1) F20or (1A) are in addition to the modifications made by section 27(3) and (4) or (as the case may be) section 28(3) and (4).

3

The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) F21....

F183A

The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).

4

An order made by virtue of section 27(5) or (6), section 28(5) or (6) or subsection (1) F22or (1A) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactment.

Particular types of persons

I30130Bodies corporate including limited liability partnerships

1

For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—

a

a notice setting out the terms of the order or variation—

i

is delivered to the body corporate in person if it is delivered to an officer of the body corporate in person; and

ii

is sent by recorded delivery to the body corporate at its last-known address if it is so sent to an officer of the body corporate at the address of the registered office of that body or at the address of its principal office in the United Kingdom; and

b

the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the body corporate to be and to search those premises for the officer.

2

If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—

a

an officer of the body corporate; or

b

a person who was purporting to act in any such capacity;

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

3

Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.

4

In this section—

“body corporate” includes a limited liability partnership;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.

I30231Other partnerships

1

I30433Overseas bodies

The Secretary of State may by order modify section 30, 31 or 32 in its application to a body of persons formed under law having effect outside the United Kingdom.

the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

c

where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service;

and references to a person being established in an EEA state are to be read accordingly.

8

In this section—

“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
“information society services”—
1. a
  has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and
2. b
  is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“intermediary services” means an information society service which—
1. a
  consists in the provision of access to a communication network or the transmission in a communication network of information provided by a recipient of the service;
2. b
  consists in the transmission in a communication network of information which—
  1. i
    is provided by a recipient of the service; and
  2. ii
    is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; or
3. c
  consists in the storage of information provided by a recipient of the service;
“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and
“service provider” means a person providing an information society service.

9

For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.

10

Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Supplementary

I30635Proceedings in the High Court

1

Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.

2

One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

I30736Proceedings in the Crown Court

1

Proceedings before the Crown Court arising by virtue of section 19, 20 F93, 21 or 22E are civil proceedings.

2

One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

3

Two other consequences of this are that the court—

a

is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and

b

may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.

4

The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).

5

A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).

6

A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

I38 I30837Functions of applicant authorities

Schedule 2 (functions of applicant authorities under this Part) has effect.

I32238Disclosure of information in accordance with orders

1

A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—

a

any obligation of confidence; or

b

any other restriction on making the disclosure concerned (however imposed).

2

But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).

I32339Compliance with orders: authorised monitors

1

A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—

a

a specified person; or

b

any person who falls within a specified description of persons;

to perform specified monitoring services or monitoring services of a specified description.

2

A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.

3

A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.

4

A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.

5

in relation to serious crime prevention orders in England and Wales, the Secretary of State;

b

in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.

I32541Powers of law enforcement officers to retain documents

1

A law enforcement officer—

a

may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and

b

may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.

2

A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—

a

may have to be produced for the purposes of those proceedings; and

b

might be unavailable unless retained.

Interpretation: Part 1

I32642Interpretation: Part 1

In this Part—

“act” and “conduct” include omissions and statements;
“country” includes territory;
“modifications” includes additions and omissions (and “modify” is to be read accordingly);
“the public” includes a section of the public or a particular member of the public.

I32743Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision
act	section 42
committed a serious offence	section 4(1)
conduct	section 42
conducts oneself in a way likely to facilitate the commission by oneself or another person of a serious offence	section 4(3)
country	section 42
Director of Public Prosecutions, F55..., Director of the Serious Fraud Office and Director of Public Prosecutions for Northern Ireland	Paragraphs 2(2), F56..., 13(2) and 17 of Schedule 2
document	section 5(7)
facilitates the commission by another person of a serious offence	section 4(2)
involvement in serious crime: England and Wales orders	sections 2, 4 and 31(3)
involvement in serious crime: Northern Ireland orders	sections 3, 4 and 31(3)
law enforcement officer	section 5(7)
modifications (and modify)	section 42
person who is the subject of a serious crime prevention order	section 1(6)
premises	section 5(7)
production of documents	section 5(8)
the public	section 42
relevant applicant authority	section 10(4)
serious crime prevention order	section 1(5)
serious offence in England and Wales	section 2(2)
serious offence in Northern Ireland	section 3(2)

C1 C2Part 2Encouraging or assisting crime

Annotations:

Modifications etc. (not altering text)

Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))

Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))

Inchoate offences

I389 C144C1Intentionally encouraging or assisting an offence

1

A person commits an offence if—

a

he does an act capable of encouraging or assisting the commission of an offence; and

b

he intends to encourage or assist its commission.

2

But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

I390 C145C1Encouraging or assisting an offence believing it will be committed

A person commits an offence if—

a

he does an act capable of encouraging or assisting the commission of an offence; and

b

he believes—

i

that the offence will be committed; and

ii

that his act will encourage or assist its commission.

I391 C146C1Encouraging or assisting offences believing one or more will be committed

1

A person commits an offence if—

a

he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and

b

he believes—

i

that one or more of those offences will be committed (but has no belief as to which); and

ii

that his act will encourage or assist the commission of one or more of them.

2

It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.

3

If a person is charged with an offence under subsection (1)—

a

the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but

b

nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.

4

In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).

1

This section makes further provision about the application of section 47 to an offence under section 46.

2

It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.

3

The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.

4

Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.

I394 C149C1Supplemental provisions

1

A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.

2

If a person's act is capable of encouraging or assisting the commission of a number of offences—

a

section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and

b

section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.

3

A person may, in relation to the same act, commit an offence under more than one provision of this Part.

4

In reckoning whether—

a

for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or

b

for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;

in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.

4

In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—

a

England or Wales; and

b

England and Wales;

were references to Northern Ireland.

5

Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.

I398 C153C1Prosecution of offences triable by reason of Schedule 4

F361

No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—

a

in England and Wales, except by, or with the consent of, the Attorney General; or

b

in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.

F372

Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).

is proportionate to that objective.

7

The public interest objective is public policy.

8

In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.

I400 C155C1Mode of trial

1

An offence under section 44 or 45 is triable in the same way as the anticipated offence.

2

An offence under section 46 is triable on indictment.

I401 C156C1Persons who may be perpetrators or encouragers etc.

1

In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—

a

it is proved that he must have committed the inchoate offence or the anticipated offence; but

b

it is not proved which of those offences he committed.

2

For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.

3

In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.

section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 (c. 18).

In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.

Consequential alterations of the law

I404 C159C1Abolition of common law replaced by this Part

The common law offence of inciting the commission of another offence is abolished.

I405 C160C1Amendments relating to service law

Schedule 5 (which amends enactments relating to service law) has effect.

I406 C161C1Repeal of offence of enabling unauthorised access to computer material

1

The Police and Justice Act 2006 (c. 48) is amended as follows.

2

In section 35 (unauthorised access to computer material), omit subsection (2).

3

In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—

a

in subsection (2)—

i

at the end of paragraph (b), insert “ or ”; and

ii

omit paragraph (d) and the word “or” preceding it;

b

in subsection (3) for “to (d)” substitute “ to (c) ”.

4

In section 38 (transitional and saving provision), omit subsection (1).

5

In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

I388 C162C1No individual liability in respect of corporate manslaughter

In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert—

1A
An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence of corporate manslaughter.

I407 C163C1Consequential amendments: Part 2

1

In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.

2

Part 2 of Schedule 6 contains other minor and consequential amendments.

3

The Secretary of State may by order amend Part 1 of Schedule 6 F28as it applies to England and Wales by adding or removing a provision.

F274

The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

Interpretation: Part 2

I408 C164C1Encouraging or assisting the commission of an offence

A reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.

I409 C165C1Being capable of encouraging or assisting

1

A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence.

2

A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by—

a

taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence;

b

failing to take reasonable steps to discharge a duty.

3

But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.

I410 C166C1Indirectly encouraging or assisting

If a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the commission of an offence, and D2 does the act, D1 is also to be treated for the purposes of this Part as having done it.

I411 C167C1Course of conduct

A reference in this Part to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

Part 3Other measures to prevent or disrupt serious and other crime

Chapter 1Prevention of fraud

Data matching

I44 I33373Data matching

Schedule 7 (which makes provision about data matching) has effect.

Chapter 2Proceeds of crime

Assets Recovery Agency

74Abolition of Assets Recovery Agency and redistribution of functions etc.

I471

The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint.

2

The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—

I63a

Part 1 (abolition of confiscation functions);

I63b

Part 2 (transfer to SOCA and prosecution authorities of civil recovery functions);

I63c

Part 3 (transfer to SOCA of Revenue functions and power to abolish those functions);

I48 I64d

Part 4 (transfer of investigation functions);

I63e

Part 5 (transfer of accreditation and training functions to National Policing Improvement Agency);

I63f

Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and

I48 I64g

Part 7 (amendments to other enactments).

I513

Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect.

I2404

In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.

Detained cash investigations: use of production orders and warrants

75Use of production orders for detained cash investigations

I3401

After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—

3A
For the purposes of this Part a detained cash investigation is—
a
an investigation for the purposes of Chapter 3 of Part 5 into the derivation of cash detained under section 295 or a part of such cash, or
b
an investigation for the purposes of Chapter 3 of Part 5 into whether cash detained under section 295, or a part of such cash, is intended by any person to be used in unlawful conduct.

I3402

In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3403

In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—

ba
in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;

I5514

In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I5515

In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—

ba
in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;

76Use of search warrants etc. for detained cash investigations

I3411

In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3412

In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—

ba
in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

I3413

After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—

7A
In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
7B
In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

I5524

In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I5525

In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—

ba
in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;
bb
in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

I5526

After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—

7A
In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.
7B
In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—
a
relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and
b
is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

I243 I342 I55377Further provision about detained cash investigations

Schedule 10 (which makes further provision about detained cash investigations) has effect.

Extension of powers of accredited financial investigators

I36278Powers to seize property to which restraint orders apply

1

In section 45(1) of the Proceeds of Crime Act 2002 (c. 29) (seizure of property to which restraint order applies: England and Wales) after “constable” insert “ , an accredited financial investigator ”.

2

After section 45(2) of that Act insert—

3
The reference in subsection (1) 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 subsection by the Secretary of State under section 453.

3

In section 194(1) of that Act (seizure of property to which restraint order applies: Northern Ireland) after “constable” insert “ , an accredited financial investigator ”.

4

After section 194(2) of that Act insert—

3
The reference in subsection (1) 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 subsection by the Secretary of State under section 453.

I36379Powers to recover cash

Schedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.

I38180Powers in relation to certain investigations

1

In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—

F46a

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

b

in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

2

After section 352(6) of that Act insert—

7
The reference in paragraph (a) or (c) of subsection (5) 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.

3

In section 353(10) of that Act (requirements in relation to search and seizure warrants)—

F47a

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

b

in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

4

After section 353(10) of that Act insert—

11
The reference in paragraph (a) or (c) of subsection (10) 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.

5

In section 356(11)(b) of that Act (as inserted by Schedule 10 to this Act) (further provisions in relation to search and seizure warrants: detained cash investigations) after “constable” insert “ , an accredited financial investigator ”.

6

After section 356(11) of that Act (as inserted by Schedule 10 to this Act) insert—

12
The reference in paragraph (b) of subsection (11) 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.

7

In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—

ab
an accredited financial investigator;

8

After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

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.

I38281Supplementary provision in relation to new powers

1

In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—

a

after “may” insert “ , in particular, ”; and

b

after “person” insert “ or by reference to particular types of training undertaken ”.

2

After section 453 of that Act insert—

453ACertain offences in relation to financial investigators
1
A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power.
2
A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power.
3
A person guilty of an offence under subsection (1) is liable on summary conviction—
a
to imprisonment for a term not exceeding 51 weeks; or
b
to a fine not exceeding level 5 on the standard scale;
or to both.
4
A person guilty of an offence under subsection (2) is liable on summary conviction—
a
to imprisonment for a term not exceeding 51 weeks; or
b
to a fine not exceeding level 3 on the standard scale;
or to both.
5
In this section “relevant power” means a power exercisable under—
a
section 45 or 194 (powers to seize property to which restraint orders apply);
b
section 289 (powers to search for cash);
c
section 294 (powers to seize cash);
d
section 295(1) (power to detain seized cash); or
e
a search and seizure warrant issued under section 352.
6
In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland—
a
the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and
b
the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.

Miscellaneous

I38382Powers of management receivers and enforcement receivers

1

After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert—

8A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.

2

After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert—

8A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.

3

After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert—

8A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.

4

After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert—

8A
Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—
a
is perishable; or
b
ought to be disposed of before its value diminishes.

I38483Civil recovery management receivers

1

After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert—

245EReceivers in connection with property freezing orders
1
Subsection (2) applies if—
a
the High Court makes a property freezing order on an application by an enforcement authority, and
b
the authority applies to the court to proceed under subsection (2) (whether as part of the application for the property freezing order or at any time afterwards).
2
The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies.
3
An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.
4
In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver.
5
Such a person may be a member of staff of the enforcement authority.
6
The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.
7
Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).
245FPowers of receivers appointed under section 245E
1
If the High Court appoints a receiver under section 245E on an application by an enforcement authority, the court may act under this section on the application of the authority.
2
The court may by order authorise or require the receiver—
a
to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed,
b
to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it).
3
The court may by order require any person in respect of whose property the receiver is appointed—
a
to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, he is able to do so),
b
to do anything he is reasonably required to do by the receiver for the preservation of the property.
4
The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver.
5
In subsection (4) “document” means anything in which information of any description is recorded.
6
Any prohibition on dealing with property imposed by a property freezing order does not prevent a person from complying with any requirements imposed by virtue of this section.
7
If—
a
the receiver deals with any property which is not property in respect of which he is appointed under section 245E, and
b
at the time he deals with the property he believes on reasonable grounds that he is entitled to do so by virtue of his appointment,
the receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.
245GSupervision of section 245E receiver and variations
1
Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 245E—
a
the receiver,
b
any party to the proceedings for the appointment of the receiver or the property freezing order concerned,
c
any person affected by any action taken by the receiver,
d
any person who may be affected by any action proposed to be taken by the receiver.
2
Before giving any directions under subsection (1), the court must give an opportunity to be heard to—
a
the receiver,
b
the parties to the proceedings for the appointment of the receiver and for the property freezing order concerned,
c
any person who may be interested in the application under subsection (1).
3
The court may at any time vary or set aside the appointment of a receiver under section 245E, any order under section 245F or any directions under this section.
4
Before exercising any power under subsection (3), the court must give an opportunity to be heard to—
a
the receiver,
b
the parties to the proceedings for the appointment of the receiver, for the order under section 245F or, as the case may be, for the directions under this section;
c
the parties to the proceedings for the property freezing order concerned,
d
any person who may be affected by the court's decision.

2

In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”.

3

In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert—

ca
a receiver appointed under section 245E;

I38584Powers for prosecutors to appear in cash recovery proceedings

1

After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—

302APowers for prosecutors to appear in proceedings
1
The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable in proceedings under this Chapter if the Director—
a
is asked by, or on behalf of, a constable to do so, and
b
considers it appropriate to do so.
2
The Director of Revenue and Customs Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director—
a
is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and
b
considers it appropriate to do so.
3
The Directors may charge fees for the provision of services under this section.

2

After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—

3A
Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland and the Director of Revenue and Customs Prosecutions under section 302A.

F583

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

F584

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

is specified in the disclosure; or

b

can be deduced from it;

section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.

7

Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be).

8

Nothing in this section authorises any disclosure of information which—

a

contravenes the Data Protection Act 1998 (c. 29); or

b

is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

9

In this section—

“the 2005 Act” means the Commissioners for Revenue and Customs Act 2005 (c. 11);
“assets” means property of any description, wherever situated;
“civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;
“Commissioners of Revenue and Customs” means the Commissioners for Her Majesty's Revenue and Customs;
“enforcement purposes”, in relation to the proceeds of crime, means with a view to—
1. a
  recovering, forfeiting or freezing assets constituting proceeds of crime; or
2. b
  otherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets;
“functions” includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives;
“proceeds of crime” means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring);
“public authority” means any body or person discharging functions of a public nature;
“revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;
“specified” means specified in an order made by the Treasury; and
“the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.

I38786Use of force in executing search warrants: Scotland

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert—

4A
A proper person may, if necessary, use reasonable force in executing a search warrant.

Chapter 3Other measures

I38687Incidents involving serious violence: powers to stop and search

1

In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert—

aa
that—
i
an incident involving serious violence has taken place in England and Wales in his police area;
ii
a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and
iii
it is expedient to give an authorisation under this section to find the instrument or weapon;

2

In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.

3

After section 60(9) of that Act insert—

9ZA
An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.

4

In section 60(9A) of that Act (application to British Transport Police)—

a

after “place” insert “ in England and Wales ”; and

b

after “2003” insert “ and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003 ”.

5

In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.

6

In the heading to section 60 of that Act after “of” insert “ , or after, ”.

I388Extension of investigatory powers of Revenue and Customs

Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.

Part 4General and final provisions

General

89Orders

1

Any power of the Secretary of State, the Treasury or the Scottish Ministers to make an order under this Act is exercisable by statutory instrument.

2

Any power of the Secretary of State or the Treasury to make an order under this Act—

a

may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

b

includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.

3

No order is to be made F30 by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

4

Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

5

An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

6

An order F31 made by statutory instrument under F32section 7(1), 24(9), 27(6) or (12), 28(6) F33..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.

F297

Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

8

Any power of the Department of Justice to make an order under this Act—

a

may be exercised so as to make different provision for different cases or descriptions of case or different purposes;

b

includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.

9

No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

10

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

11

An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

90Supplementary, incidental and consequential provision

1

The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

2

The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

3

The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

I191Transitional and transitory provisions and savings

a

it does not extend to Scotland; and

b

paragraph 53 of Schedule 6 does not extend to Northern Ireland.

6

Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.

7

Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

94Commencement

1

The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.

2

The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—

a

section 75(1);

b

paragraph 2 of Schedule 10; or

c

paragraph 24 of that Schedule.

3

The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.

4

Those provisions are—

a

section 75(4) and (5);

b

section 76(4) to (6);

c

section 86;

d

paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and

e

so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.

95Short title

This Act may be cited as the Serious Crime Act 2007.

SCHEDULES

SCHEDULE 1Serious offences

Sections 2 and 3

Part 1Serious offences in England and Wales

Drug trafficking

I2471

2

An offence under any of sections 57 to F4459A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

3

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

F70Firearms offences

Annotations:

Amendments (Textual)

F70

Sch. 1 para. 3 and cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(3), 88(1); S.I. 2015/820, reg. 2(f)

section 49 (controlling a child F73in relation to sexual exploitation);

d

section 50 (arranging or facilitating F74sexual exploitation of a child);

e

section 52 (causing or inciting prostitution for gain);

f

section 53 (controlling prostitution for gain).

Armed robbery etc.

I2505

1

An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.

2

An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

3

In this paragraph—

“firearm” has the meaning given by section 57(1) of the Firearms Act 1968;
“imitation firearm” has the meaning given by section 57(4) of that Act;
“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

I2516

An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

a

section 327 (concealing etc. criminal property);

b

section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

c

section 329 (acquisition, use and possession of criminal property).

Fraud

I2527

1

An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).

2

An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

a

section 1 (fraud by false representation, failing to disclose information or abuse of position);

b

section 6 (possession etc. of articles for use in frauds);

c

section 7 (making or supplying articles for use in frauds);

d

section 9 (participating in fraudulent business carried on by sole trader etc.);

e

section 11 (obtaining services dishonestly).

3

An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

I2538

1

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.

2

An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VATetc.).

3

An offence under F9section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

4

An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

5

An offence at common law of cheating in relation to the public revenue.

F38Bribery

Annotations:

Amendments (Textual)

F38

Sch. 1 para. 9 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(2) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

9

An offence under any of the following provisions of the Bribery Act 2010—

a

section 1 (offences of bribing another person);

b

section 2 (offences relating to being bribed);

c

section 6 (bribery of foreign public officials).

Counterfeiting

I25410

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

a

section 14 (making counterfeit notes or coins);

b

section 15 (passing etc. counterfeit notes or coins);

c

section 16 (having custody or control of counterfeit notes or coins);

d

section 17 (making or having custody or control of counterfeiting materials or implements).

F84Computer misuse

Annotations:

Amendments (Textual)

F84

Sch. 1 para. 11A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(4), 88(1); S.I. 2015/820, reg. 2(f)

11A

An offence under any of the following provisions of the Computer Misuse Act 1990—

a

section 1 (unauthorised access to computer material);

b

section 2 (unauthorised access with intent to commit or facilitate commission of further offences);

c

section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );

d

section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );

e

section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Intellectual property

I25512

1

An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

a

section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

b

section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

c

section 297A (making or dealing etc. in unauthorised decoders).

2

An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment

I25613

1

An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing F4...with prohibited implements etc.).

2

An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

3

An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

4

An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

F83Organised crime

Annotations:

Amendments (Textual)

F83

Sch. 1 para. 13A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(3); S.I. 2015/820, reg. 2(r)(xvi)

13A

An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

Inchoate offences

I25714

1

An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.

2

An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

3

An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

4

The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

I25815

1

This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

2

Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

I25916

Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

Part 2Serious offences in Northern Ireland

Drug trafficking

I26117

1

An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

a

section 4(2) or (3) (unlawful production or supply of controlled drugs);

b

section 5(3) (possession of controlled drug with intent to supply);

F95ba

section 6 (restriction of cultivation of cannabis plant);

c

section 8 (permitting etc. certain activities relating to controlled drugs);

d

section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

2

a

section 50(2) or (3) (improper importation of goods);

b

section 68(2) (exportation of prohibited or restricted goods);

c

section 170 (fraudulent evasion of duty etc.).

3

An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

a

section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

b

section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking

I26218

1

An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).

F972

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

F983

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

F674

An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

F82Firearms offences

Annotations:

Amendments (Textual)

F82

Sch. 1 para. 19 (crossheading)(arms)(trafficking) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(4); S.I. 2015/820, reg. 2(r)(xvi)

I26319

2

An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

3

In this paragraph—

“firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;
“offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

I26622

An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

a

section 327 (concealing etc. criminal property);

b

section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

c

section 329 (acquisition, use and possession of criminal property).

Fraud

I26723

1

An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).

2

An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

a

section 1 (fraud by false representation, failing to disclose information or abuse of position);

b

section 6 (possession etc. of articles for use in frauds);

c

section 7 (making or supplying articles for use in frauds);

d

section 9 (participating in fraudulent business carried on by sole trader etc.);

e

section 11 (obtaining services dishonestly).

3

An offence at common law of conspiracy to defraud.

Offences in relation to public revenue

I26824

1

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.

2

An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VATetc.).

3

An offence under F10section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

4

An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

5

An offence at common law of cheating in relation to the public revenue.

F39Bribery

Annotations:

Amendments (Textual)

F39

Sch. 1 para. 25 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(3) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

25

An offence under any of the following provisions of the Bribery Act 2010—

a

section 1 (offences of bribing another person);

b

section 2 (offences relating to being bribed);

c

section 6 (bribery of foreign public officials).

Counterfeiting

I26926

An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

a

section 14 (making counterfeit notes or coins);

b

section 15 (passing etc. counterfeit notes or coins);

c

section 16 (having custody or control of counterfeit notes or coins);

d

section 17 (making or having custody or control of counterfeiting materials or implements).

Blackmail

I27027

1

An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail).

2

An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

F85Computer misuse

Annotations:

Amendments (Textual)

F85

S. 27A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(8), 88(1); S.I. 2015/820, reg. 2(f)

27A

An offence under any of the following provisions of the Computer Misuse Act 1990—

An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

4

The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

I27431

1

This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

2

Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

I27532

Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.

SCHEDULE 2Functions of applicant authorities under Part 1

Section 37

Director of Public Prosecutions

I3091

The functions of the Director of Public Prosecutions under this Part are—

a

to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

b

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

c

to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

d

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

e

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

I3102

1

The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor.

2

References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.

I3113

The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

I394

1

The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case—

a

whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

b

whether to present a petition by virtue of section 27 of this Act; or

c

where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

2

Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

I3125

Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

F505A

Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.

F51...

Annotations:

Amendments (Textual)

F51

Sch. 2 para. 6 crossheading omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(3)

F526

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

F527

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

F528

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

F529

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

F5210

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

F5211

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

Director of Serious Fraud Office

I31312

The functions of the Director of the Serious Fraud Office under this Part are—

a

to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

b

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

c

d

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

e

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

I31413

1

The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).

2

References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.

I31514

The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

I31615

Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Director of Public Prosecutions for Northern Ireland

I31716

The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—

a

to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;

b

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;

c

d

to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and

e

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

I31817

References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.

I4018

1

The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—

a

whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

b

whether to present a petition by virtue of section 28 of this Act; or

c

where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

2

Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

I31919

Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.

I32020

Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Interpretation

I32121

In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

SCHEDULE 3Listed Offences

Section 49(5)

Part 1Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)

I4121

An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).

I4132

An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

I4143

An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

I4154

But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.

Aliens Restriction (Amendment) Act 1919 (c. 92)

I4165

An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.

I4176

An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.

Official Secrets Act 1920 (c. 75)

I4187

An offence under section 7 of the Official Secrets Act 1920 (soliciting etc. commission of an offence under that Act or the Official Secrets Act 1911 (c. 28)).

Incitement to Disaffection Act 1934 (c. 56)

I4198

An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).

Misuse of Drugs Act 1971 (c. 38)

I4209

An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).

I42110

An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).

Immigration Act 1971 (c. 77)

I42211

An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State).

I42312

An offence under section 25B of that Act (assisting entry to the United Kingdom in breach of deportation or exclusion order).

Representation of the People Act 1983 (c. 2)

I42413

An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.

Computer Misuse Act 1990 (c. 18)

I42514

An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

I42615

An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

I42716

An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Criminal Justice Act 1993 (c. 36)

I42817

An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).

Reserve Forces Act 1996 (c. 14)

I42918

An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).

Landmines Act 1998 (c. 33)

I43019

An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).

Terrorism Act 2006 (c. 11)

I43120

An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).

I43221

An offence under section 2(1) of that Act (disseminating terrorist publications).

I43322

An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).

I43423

An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).

I43524

An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).

F8Cluster Munitions (Prohibitions) Act 2010 (c. 11)

Annotations:

Amendments (Textual)

Sch. 3 para. 24A inserted (25.3.2010) by Cluster Munitions (Prohibitions) Act 2010 (c. 11), s. 34(1), Sch. 3 para. 2 (with s. 32)

24A

An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).

Part 2Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)

I43625

An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).

Perjury Act 1911 (c. 6)

I43726

An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).

Prison Act 1952 (c. 52)

I43827

An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).

F6Suicide Act 1961 (c. 60)

Annotations:

Amendments (Textual)

Sch. para 27A and cross-heading inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(3)(a) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)

27A

An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).

Criminal Law Act 1967 (c. 58)

I43928

An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).

I44029

An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).

Greater London Council (General Powers) Act 1973 (c. xxx)

I44130

An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.

Greater London Council (General Powers) Act 1974 (c. xxiv)

I44231

An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.

Criminal Law Act 1977 (c. 45)

I44332

An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47)

I44433

An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Public Order Act 1986 (c. 64)

I44534

An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).

I44635

An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).

I44736

An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).

I44837

An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Terrorism Act 2000 (c. 11)

I44938

An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).

F86Serious Crime Act 2015

Annotations:

Amendments (Textual)

F86

Sch. 3 para. 38A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 82; S.I. 2015/820, reg. 2(r)(xvii)

38A

An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

Part 3Other offences: England and Wales

I45039

An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

I45140

1

An attempt under a special statutory provision.

2

Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

Part 4Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)

I45241

An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.

I45342

An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.

F7Criminal Justice Act (Northern Ireland) 1966 (c. 20)

Annotations:

Amendments (Textual)

Sch. 3 para. 42A and cross-heading inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(3)(b) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)

42A

An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).

Criminal Law Act (Northern Ireland) 1967 (c. 18)

I45443

An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))

I45544

An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

I45645

An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).

I45746

An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

I45847

An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).

I45948

An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Terrorism Act 2000 (c. 11)

I46049

An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).

Part 5Other offences: Northern Ireland

I46150

An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

SCHEDULE 4Extra-territoriality

Section 52(2)

I4621

1

This paragraph applies if—

a

any relevant behaviour of D's takes place wholly or partly in England or Wales;

b

D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

c

either—

i

the anticipated offence is one that would be triable under the law of England and Wales if it were committed in that place; or

ii

if there are relevant conditions, it would be so triable if it were committed there by a person who satisfies the conditions.

2

“Relevant condition” means a condition that—

a

determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and

b

relates to the citizenship, nationality or residence of the person who commits it.

I4632

1

This paragraph applies if—

a

paragraph 1 does not apply;

b

any relevant behaviour of D's takes place wholly or partly in England or Wales;

c

D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

d

what D anticipates would amount to an offence under the law in force in that place.

2

The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

a

stating that on the facts as alleged the condition is not in their opinion satisfied;

b

showing their grounds for that opinion; and

c

requiring the prosecution to show that it is satisfied.

3

The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).

4

In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.

5

An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.

I4643

1

This paragraph applies if—

a

any relevant behaviour of D's takes place wholly outside England and Wales;

b

D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

c

D could be tried under the law of England and Wales if he committed the anticipated offence in that place.

2

For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.

I4654

In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.

SCHEDULE 5Amendments relating to service law

Section 60

Criminal Justice Act 1982 (c. 48)

I4661

In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences (Amendment) Act 1992 (c. 34)

I4672

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

I4683

In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences Act 2003 (c. 42)

I4694

1

The Sexual Offences Act 2003 is amended as follows.

2

In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

3

In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Criminal Justice Act 2003 (c. 44)

I4705

In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Gambling Act 2005 (c. 19)

I4716

In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Armed Forces Act 2006 (c. 52)

I4727

The Armed Forces Act 2006 is amended as follows.

I4738

In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.

I4749

For section 40 (incitement) substitute—

40Encouraging and assisting
1
A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).
2
A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).
3
Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.
4
In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.
5
Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.
6
A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—
a
the service offence encouraged or assisted; or
b
if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.

I47510

Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.

I47611

For section 46 (inciting criminal conduct) substitute—

46Encouraging or assisting criminal conduct
1
Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.
2
Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).
3
Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.

I47712

In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

I47813

In Schedule 2 (list of serious offences)—

a

in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;

b

in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

SCHEDULE 6Minor and consequential amendments: Part 2

Section 63(1) and (2)

Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

I52752

In the Terrorism Act 2006 (c. 11)—

a

section 17(2)(f) (commission of offences abroad);

b

paragraph 12(b) of Schedule 1 (Convention offences).

Part 2Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)

I52853

In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “ an offence under any other provision of this Act ”.

Criminal Law Act 1977 (c. 45)

I52954

In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Magistrates' Courts Act 1980 (c. 43)

I53055

1

The Magistrates' Courts Act 1980 is amended as follows.

2

In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

3

Omit section 45.

4

In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

I53156

Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

I53257

In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Public Order Act 1986 (c. 64)

I53358

1

The Public Order Act 1986 is amended as follows.

2

In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.

3

The provisions are—

a

section 12(10);

b

section 13(13);

c

section 14(10);

d

section 14B(7).

Computer Misuse Act 1990 (c. 18)

I53459

1

The Computer Misuse Act 1990 is amended as follows.

2

In section 6 (incitement) omit subsection (3).

3

In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

4

In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.

5

In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

6

In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

I53560

In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “ done ”.

International Criminal Court Act 2001 (c. 17)

I53661

1

The International Criminal Court Act 2001 is amended as follows.

2

In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

3

In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Proceeds of Crime Act 2002 (c. 29)

I53762

After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

1A
An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.

Sexual Offences Act 2003 (c. 42)

I53863

1

The Sexual Offences Act 2003 is amended as follows.

2

In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—

94A
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

3

In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

173A
A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

Serious Organised Crime and Police Act 2005 (c. 15)

I53964

1

The Serious Organised Crime and Police Act 2005 is amended as follows.

2

In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

4
A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both.
4A
If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.

3

In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

section 136(4)
3 months
section 136(4A)
3 months

SCHEDULE 7Data matching

Section 73

F68Part 1Data matching: England

Annotations:

Amendments (Textual)

F68

Sch. 7 Pt. 1 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

F681

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

F682

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

F683

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

Part 2Data matching: Wales

I45 I3344

After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

Part 3AData matching
64APower to conduct data matching exercises
1
The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf.
2
A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).
3
The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.
4
That assistance may, but need not, form part of an audit.
5
A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.
6
In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.
64BMandatory provision of data
1
The Auditor General for Wales may require—
a
any body mentioned in subsection (2), and
b
any officer or member of such a body,
to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.
2
The bodies are—
a
a local government body in Wales (as defined in section 12(1));
b
a Welsh NHS body (as defined in section 60).
3
A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale, and
b
to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.
4
If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.
64CVoluntary provision of data
1
If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf.
2
A disclosure under subsection (1) does not breach—
a
any obligation of confidence owed by a person making the disclosure, or
b
any other restriction on the disclosure of information (however imposed).
3
But nothing in this section authorises a disclosure which—
a
contravenes the Data Protection Act 1998 (c. 29), or
b
is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
4
Data may not be disclosed under subsection (1) if the data comprise or include patient data.
5
“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.
6
This section does not limit the circumstances in which data may be disclosed apart from this section.
7
Data matching exercises may include data provided by a body or person outside England and Wales.
64DDisclosure of results of data matching etc
1
This section applies to the following information—
a
information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,
b
the results of any such exercise.
2
Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—
a
for or in connection with a purpose for which the data matching exercise is conducted,
b
to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or
c
in pursuance of a duty imposed by or under a statutory provision.
3
The bodies are—
a
the Audit Commission,
b
the Auditor General for Scotland,
c
the Accounts Commission for Scotland,
d
Audit Scotland,
e
the Comptroller and Auditor General for Northern Ireland,
f
a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).
4
“Related party”, in relation to a body mentioned in subsection (3), means—
a
a body or person acting on its behalf,
b
a body whose accounts are required to be audited by it or by a person appointed by it,
c
a person appointed by it to audit those accounts.
5
If the data used for a data matching exercise include patient data—
a
subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,
b
subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.
6
In subsection (5)—
a
“patient data” has the same meaning as in section 64C,
b
“relevant NHS body” means—
i
a Welsh NHS body as defined in section 60,
ii
a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18),
iii
an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),
iv
a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.
7
Information disclosed under subsection (2) may not be further disclosed except—
a
for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,
b
for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or
c
in pursuance of a duty imposed by or under a statutory provision.
8
Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.
9
Section 54 does not apply to information to which this section applies.
10
In this section “statutory provision” has the meaning given in section 59(8).
64EPublication
1
Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise).
2
But the report may not include information relating to a particular body or person if—
a
the body or person is the subject of any data included in the data matching exercise,
b
the body or person can be identified from the information, and
c
the information is not otherwise in the public domain.
3
A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.
4
This section does not affect any powers of an auditor or the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3.
64FFees for data matching
1
The Auditor General for Wales must prescribe a scale or scales of fees in respect of data matching exercises.
2
A body required under section 64B(1) to provide data for a data matching exercise must pay to the Auditor General the fee applicable to that exercise in accordance with the appropriate scale.
3
But if it appears to the Auditor General that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Auditor General may charge the body a fee which is larger or smaller than that referred to in subsection (2).
4
Before prescribing a scale of fees under this section, the Auditor General must consult—
a
the bodies mentioned in section 64B(2), and
b
such other bodies or persons as the Auditor General thinks fit.
5
If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Auditor General and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers.
6
Before making any regulations under subsection (5), the Welsh Ministers must consult—
a
the Auditor General for Wales, and
b
such other bodies or persons as they think fit.
7
The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly.
8
In addition to the power under subsection (2), the Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Auditor General and that body or person.
64GCode of data matching practice
1
The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises.
2
Regard must be had to the code in conducting and participating in any such exercise.
3
Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit.
4
The Auditor General must—
a
lay a copy of the code, and of any alterations made to the code, before the Assembly, and
b
from time to time publish the code as for the time being in force.
64HPowers of Secretary of State
1
The Secretary of State may by order amend this Part—
a
to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,
b
to modify the application of this Part in relation to a purpose so added.
2
The purposes which may be added are—
a
to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales,
b
to assist in the apprehension and prosecution of offenders in or with respect to Wales,
c
to assist in the recovery of debt owing to Welsh public bodies.
3
The Secretary of State may by order amend this Part—
a
to add a Welsh public body to the list of bodies in section 64B(2),
b
to modify the application of this Part in relation to a body so added,
c
to remove a body from that list.
4
Before making an order under this section, the Secretary of State must consult the Auditor General for Wales.
5
An order under this section—
a
is to be made by statutory instrument, and
b
may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.
6
No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.
7
In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.

I3355

1

Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.

2

In sub-paragraph (3)(b) after “government audit)” insert “ or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching) ”.

3

In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute

the following provisions of the Public Audit (Wales) Act 2004 (c. 23)—
i
Part 2 (including those charged as a result of paragraph 11(3)(c)),
ii
Part 3A (but only those charged to a local government body in Wales).

4

After sub-paragraph (4) insert—

5
“Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.

Part 3Data matching: Northern Ireland

I46 I3366

After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—

Data matching
Power to conduct data matching exercises4A
1
The Comptroller and Auditor General may conduct data matching exercises or arrange for them to be conducted on his behalf.
2
A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).
3
The power in paragraph (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.
4
That assistance may, but need not, form part of an audit.
5
A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.
6
In Articles 4B to 4H, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this Article.
Mandatory provision of data4B
1
The Comptroller and Auditor General may require—
a
any body mentioned in paragraph (2); and
b
any officer or member of such a body,
to provide the Comptroller and Auditor General or a person acting on his behalf with such data (and in such form) as the Comptroller and Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.
2
The bodies are—
a
any body (including a holder of a statutory office) whose accounts are required to be audited by the Comptroller and Auditor General, other than a body whose accounts are required to be so audited by virtue of section 55 of the Northern Ireland Act 1998 (c. 47);
b
any body whose accounts are required to be audited by a local government auditor.
3
A person who without reasonable excuse fails to comply with a requirement of the Comptroller and Auditor General under paragraph (1)(b) is guilty of an offence and liable on summary conviction—
a
to a fine not exceeding level 3 on the standard scale; and
b
to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.
4
If an officer or member of a body is convicted of an offence under paragraph (3), any expenses incurred by the Comptroller and Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.
Voluntary provision of data4C
1
If the Comptroller and Auditor General thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to Article 4B, the data may be disclosed to the Comptroller and Auditor General or a person acting on his behalf.
2
A disclosure under paragraph (1) does not breach—
a
any obligation of confidence owed by a person making the disclosure; or
b
any other restriction on the disclosure of information (however imposed).
3
But nothing in this Article authorises a disclosure which—
a
contravenes the Data Protection Act 1998 (c. 29); or
b
is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
4
Data may not be disclosed under paragraph (1) if the data comprise or include patient data.
5
“Patient data” means data relating to an individual which are held for any of the following purposes and from which the individual can be identified—
a
preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services;
b
informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment.
6
This Article does not limit the circumstances in which data may be disclosed apart from this Article.
7
Data matching exercises may include data provided by a body or person outside Northern Ireland.
Disclosure of results of data matching etc4D
1
This Article applies to the following information—
a
information relating to a particular body or person obtained by or on behalf of the Comptroller and Auditor General for the purpose of conducting a data matching exercise;
b
the results of any such exercise.
2
Information to which this Article applies may be disclosed by or on behalf of the Comptroller and Auditor General if the disclosure is—
a
for or in connection with a purpose for which the data matching exercise is conducted;
b
to a body mentioned in paragraph (3) (or a related party) for or in connection with a function of that body corresponding or similar to the audit functions of the Comptroller and Auditor General or a local government auditor under any statutory provision or the data matching functions of the Comptroller and Auditor General under Article 4A; or
c
in pursuance of a duty imposed by or under a statutory provision.
3
The bodies are—
a
the Audit Commission for Local Authorities and the National Health Service in England;
b
the Auditor General for Wales;
c
the Auditor General for Scotland;
d
the Accounts Commission for Scotland;
e
Audit Scotland.
4
“Related party”, in relation to a body mentioned in paragraph (3), means—
a
a body or person acting on its behalf;
b
a body whose accounts are required to be audited by it or by a person appointed by it;
c
a person appointed by it to audit those accounts.
5
If the data used for a data matching exercise include patient data—
a
paragraph (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body;
b
paragraph (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.
6
In paragraph (5)—
a
“patient data” has the same meaning as in Article 4C;
b
“relevant NHS body” means—
i
a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) applies;
ii
a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18);
iii
a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c. 23);
iv
an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5).
7
Information disclosed under paragraph (2) may not be further disclosed except—
a
for or in connection with the purpose for which it was disclosed under sub-paragraph (a) or the function for which it was disclosed under sub-paragraph (b) of that paragraph;
b
for the investigation or prosecution of an offence (so far as the disclosure does not fall within sub-paragraph (a)); or
c
in pursuance of a duty imposed by or under a statutory provision.
8
Except as authorised by paragraphs (2) and (7), a person who discloses information to which this Article applies is guilty of an offence and liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; or
b
on summary conviction, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
9
Article 27 of the Local Government (Northern Ireland) Order 2005 (NI 18) does not apply to information to which this Article applies.
10
In this Article “body” includes office.
Publication4E
1
Nothing in Article 4D prevents the Comptroller and Auditor General from publishing a report on a data matching exercise (including on the results of the exercise).
2
But the report may not include information relating to a particular body or person if—
a
the body or person is the subject of any data included in the data matching exercise;
b
the body or person can be identified from the information; and
c
the information is not otherwise in the public domain.
3
A report published under this Article may be published in such manner as the Comptroller and Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.
4
This Article does not affect any powers of the Comptroller and Auditor General or a local government auditor where the data matching exercise in question forms part of an audit carried out by either of them.
Fees for data matching4F
1
The Comptroller and Auditor General may charge a fee to any body required under Article 4B(1) to provide data for a data matching exercise.
2
But a body whose functions are discharged on behalf of the Crown may not be charged a fee under paragraph (1) except with the consent of the Department.
3
In addition to the power under paragraph (1), the Comptroller and Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Comptroller and Auditor General and that body or person.
4
Any fee received by the Comptroller and Auditor General by virtue of this Article is to be paid by him into the Consolidated Fund.
Code of data matching practice4G
1
The Comptroller and Auditor General must prepare, and keep under review, a code of practice with respect to data matching exercises.
2
Regard must be had to the code in conducting and participating in any such exercise.
3
Before preparing or altering the code, the Comptroller and Auditor General must consult the bodies mentioned in Article 4B(2), the Information Commissioner and such other bodies or persons as he thinks fit.
4
The Comptroller and Auditor General must—
a
send a copy of the code, and of any alterations made to the code, to the Department and the Department must lay the copy before the Assembly; and
b
from time to time publish the code as for the time being in force.
Powers of the Department4H
1
The Department may by order amend Articles 4A to 4G—
a
to add any purpose mentioned in paragraph (2) to the purposes for which data matching exercises may be conducted;
b
to modify the application of those Articles in relation to a purpose so added.
2
The purposes which may be added are—
a
to assist in the prevention and detection of crime (other than fraud);
b
to assist in the apprehension and prosecution of offenders;
c
to assist in the recovery of debt owing to public bodies.
3
The Department may by order amend Articles 4A to 4G—
a
to add a public body to the list of bodies in Article 4B(2);
b
to modify the application of those Articles in relation to a body so added;
c
to remove a body from that list.
4
An order under this Article may include such incidental, consequential, supplemental or transitional provision as the Department thinks fit.
5
An order under this Article is subject to affirmative resolution.
6
In this Article “public body” means a body or person whose functions—
a
are functions of a public nature; or
b
include functions of that nature,
but, in the latter case, the body or person is a public body to the extent only of those functions.

I3377

In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “ or in respect of data matching ”.

SCHEDULE 8Abolition of Assets Recovery Agency and its Director

Section 74(2)

Part 1Abolition of confiscation functions

I651

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

I662

In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.

I673

In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

I684

In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

I695

1

Section 16 (statement of information) is amended as follows.

2

In subsection (1) omit “or the Director (as the case may be)”.

3

In subsection (3) omit—

a

“or the Director (as the case may be)”; and

b

“or the Director”.

4

In subsection (4) omit “or Director”.

5

In subsection (5) omit—

a

“or the Director (as the case may be)”; and

b

“or the Director”.

6

In subsection (6) omit “or the Director”.

I706

In section 17(1) (defendant's response to statement of information) omit “or the Director”.

I717

In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

I728

In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.

I739

1

Section 20 (no order made: reconsideration of benefit) is amended as follows.

2

Omit subsection (3).

3

In subsection (4)—

a

omit the words from “If the court” to “to do so,”; and

b

in paragraph (b) omit “or the Director”.

I7410

In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

I7511

In section 22(2) (order made: reconsideration of available amount)—

a

omit paragraph (b); and

b

in paragraph (c) omit “or 52”.

I7612

In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.

I7713

1

Section 26 (information) is amended as follows.

2

In subsection (1)(b) omit “or the Director”.

3

In subsection (2)—

a

in paragraph (a) omit “or the Director (as the case may be)”; and

b

in paragraph (b) omit “or the Director”.

I7814

1

4

In subsection (2) omit “or the Director”.

I8117

In section 33(2) (appeal to the House of Lords)—

a

in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and

b

omit paragraph (b).

I8218

Omit section 34 (Director as enforcement authority).

I8319

1

4

In subsection (6)(a) omit “or the Director”.

5

In subsection (8)(b) omit “or the Director (as the case may be)”.

I8723

In section 42(2) (application, discharge and variation) omit paragraph (b).

I8824

Omit sections 52 and 53 (Director's receivers).

I8925

Omit sections 56 and 57 (Director's receivers and sums received by Director).

I9026

In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “ or 50 ”.

I9127

Omit section 60 (Director's receivers).

I9228

In section 61 (protection) for “, 50 or 52” substitute “ or 50 ”.

I9329

In section 62(1) (further applications) for “, 50 or 52” substitute “ or 50 ”.

I9430

In section 63(1) (discharge and variation)—

a

for “to 53” substitute “ to 51 ”; and

b

in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

I9531

1

Section 64 (management receivers: discharge) is amended as follows.

2

In subsection (1)(b) omit the words from “or” to “section 52”.

3

Omit subsection (3).

I9632

1

Section 65 (appeal to Court of Appeal) is amended as follows.

2

In subsection (1) omit “or section 53”.

3

In subsection (2) omit “or section 53”.

4

In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

I9733

In section 67(4) (seized money) omit paragraph (c).

I9834

In section 69(1) (powers of court and receiver)—

a

in paragraph (a) for “60” substitute “ 59 ”; and

b

in paragraph (b) for “, 50 or 52” substitute “ or 50 ”.

I9935

In section 74(1) (enforcement abroad)—

a

in paragraph (b) omit “or the Director”; and

b

in paragraph (c) omit “or the Director (as the case may be)”.

I10036

In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.

I10137

In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

I10238

In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

I10339

1

Section 166 (statement of information) is amended as follows.

2

In subsection (1) omit “or the Director (as the case may be)”.

3

In subsection (3) omit—

a

“or the Director (as the case may be)”; and

b

“or the Director”.

4

In subsection (4) omit “or Director”.

5

In subsection (5) omit—

a

“or the Director (as the case may be)”; and

b

“or the Director”.

6

In subsection (6) omit “or the Director”.

I10440

In section 167(1) (defendant's response to statement of information) omit “or the Director”.

I10541

In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

I10642

In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.

I10743

1

Section 170 (no order made: reconsideration of benefit) is amended as follows.

2

Omit subsection (3).

3

In subsection (4)—

a

omit the words from “If the court” to “to do so,”; and

b

in paragraph (b) omit “or the Director”.

I10844

In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

I10945

In section 172(2) (order made: reconsideration of available amount)—

a

omit paragraph (b); and

b

in paragraph (c) omit “or 200”.

I11046

In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.

I11147

1

Section 176 (information) is amended as follows.

2

In subsection (1)(b) omit “or the Director”.

3

In subsection (2)—

a

in paragraph (a) omit “or the Director (as the case may be)”; and

b

in paragraph (b) omit “or the Director”.

I11248

1

4

In subsection (2) omit “or the Director”.

I11551

In section 183(2) (appeal to the House of Lords)—

a

in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and

b

omit paragraph (b).

I11652

Omit section 184 (Director as enforcement authority).

I11753

Omit section 186 (Director's application for enforcement).

I11854

1

Section 188 (reconsideration etc: variation of prison term) is amended as follows.

2

In subsection (5) for “appropriate person” substitute “ prosecutor ”.

3

Omit subsection (6).

I11955

1

Section 189 (conditions for exercise of powers) is amended as follows.

2

In subsection (4)(a) omit “or the Director”.

3

In subsection (5)(a) omit “or the Director”.

4

In subsection (6)(a) omit “or the Director”.

5

In subsection (8)(b) omit “or the Director (as the case may be)”.

I12056

In section 191(2) (application, discharge and variation) omit paragraph (b).

I12157

Omit sections 200 and 201 (Director's receivers).

I12258

Omit sections 204 and 205 (Director's receivers and sums received by Director).

I12359

In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “ or 198 ”.

I12460

Omit section 208 (Director's receivers).

I12561

In section 209 (protection) for “, 198 or 200” substitute “ or 198 ”.

I12662

1

Section 210 (further applications) is amended as follows.

2

In subsection (1) for “, 198 or 200” substitute “ or 198 ”.

3

In subsection (2)(b) omit “or 200”.

4

In subsection (3) omit “or 200”.

I12763

In section 211(1) (discharge and variation)—

a

for “any of sections 198 to 201” substitute “ section 198 or 199 ”; and

b

in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

I12864

1

Section 212 (management receivers: discharge) is amended as follows.

2

In subsection (1)(b) omit the words from “or” to “section 200”.

3

Omit subsection (3).

1

in paragraph (b) omit “or 52”; and

b

in paragraph (d) omit “or 200”.

I14076

1

Section 424 (restriction of powers) is amended as follows.

2

In subsection (2)—

a

in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

b

in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

3

In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

I14177

In section 425(2)(b) (tainted gifts)—

a

omit “52,”; and

b

for “, 198 or 200” substitute “ or 198 ”.

I14278

b

for “, 198 or 200” substitute “ or 198 ”.

omit “52,”; and

b

for “, 198 or 200” substitute “ or 198 ”.

in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

b

in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Part 2Transfer of civil recovery functions

I14985

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

I15086

In section 246(7) (application for interim receiving order) for “Agency” substitute “ enforcement authority ”.

I15187

After section 272(6) (compensation for loss in relation to associated and joint property) insert—

7
In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.

I15288

1

Section 280 (applying realised proceeds) is amended as follows.

2

In subsection (3)—

a

for “Director” substitute “ enforcement authority (unless it is the Scottish Ministers) ”; and

b

for “him” substitute “ it ”.

3

In subsection (4) for “Agency” substitute “ enforcement authority concerned ”.

I15389

After section 283(9) (compensation) insert—

10
In the case of an enforcement authority in relation to England and Wales or Northern Ireland—
a
the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and
b
the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.

I15490

Omit section 313 (restriction on performance of Director's functions by police).

I15591

1

Section 316 (general interpretation: Part 5) is amended as follows.

2

In subsection (1), in the definition of “enforcement authority”—

a

for paragraph (a) substitute—

a
in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,

b

after paragraph (b) insert—

c
in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

3

After subsection (8) insert—

8A
In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.

Part 3Transfer or abolition of Revenue functions

I15692

The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.

I15793

1

Section 317 (Director's general Revenue functions) is amended as follows.

2

In the heading for “Director's” substitute “ SOCA's ”.

3

In subsection (1) for “the Director” substitute “ SOCA ”.

4

In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

5

In subsection (3) for “the Director” substitute “ SOCA ”.

6

In subsection (4) for “The Director” substitute “ SOCA ”.

7

In subsection (6) for “the Director” substitute “ SOCA ”.

8

In subsection (7) for “the Director” substitute “ SOCA ”.

9

In subsection (8)(b) for “the Director” substitute “ SOCA ”.

I15894

1

Section 318 (Revenue functions regarding employment) is amended as follows.

2

In subsection (1)(a) for “the Director” substitute “ SOCA ”.

3

In subsection (2) for “the Director” substitute “ SOCA ”.

4

In subsection (3)(a) for “the Director” substitute “ SOCA ”.

5

In subsection (4) for “the Director” substitute “ SOCA ”.

I15995

1

Section 319 (source of income) is amended as follows.

2

In subsection (1)—

a

for “the Director” substitute “ SOCA ”;

b

for “him” substitute “ it ”; and

c

for “he” substitute “ SOCA ”.

3

In subsection (2) for “the Director” substitute “ SOCA ”.

4

In subsection (3)—

a

for “the Director” substitute “ SOCA ”; and

b

for “him” substitute “ SOCA ”.

I16096

1

Section 320 (appeals) is amended as follows.

2

In subsection (1) for “the Director” substitute “ SOCA ”.

3

In subsection (2)—

a

for “the Director” substitute “ SOCA ”; and

b

for “his” substitute “ its ”.

I16197

1

Section 321 (Director's functions: transfers of value) is amended as follows.

2

In the heading for “Director's” substitute “ SOCA's ”.

3

In subsection (1)—

a

for “the Director” substitute “ SOCA ”; and

b

in paragraph (b) for “it” substitute “ the transfer of value ”.

4

In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

5

In subsection (3) for “the Director” substitute “ SOCA ”.

6

In subsection (4) for “The Director” substitute “ SOCA ”.

7

In subsection (5) for “the Director” substitute “ SOCA ”.

8

In subsection (6) for “the Director” substitute “ SOCA ”.

I16298

1

Section 322 (Director's functions: certain settlements) is amended as follows.

2

In the heading for “Director's” substitute “ SOCA's ”.

3

In subsection (1) for “the Director” substitute “ SOCA ”.

4

In subsection (2)—

a

for “the Director”, in both places where it appears, substitute “ SOCA ”; and

b

in paragraph (c) for “he” substitute “ SOCA ”.

5

In subsection (3) for “the Director” substitute “ SOCA ”.

6

In subsection (4) for “The Director” substitute “ SOCA ”.

7

In subsection (5) for “the Director” substitute “ SOCA ”.

8

In subsection (6) for “the Director” substitute “ SOCA ”.

I16399

1

Section 324 (exercise of Revenue functions) is amended as follows.

2

In subsection (1) for “the Director” substitute “ SOCA ”.

3

In subsection (2) for “Paragraph (b) of section 1(6)” substitute “ Section 2B(2) ”.

4

In subsection (3) for “The Director” substitute “ SOCA ”.

5

In subsection (4) for “The Director” substitute “ SOCA ”.

6

In subsection (5)—

a

for “The Director” substitute “ SOCA ”; and

b

for “they” substitute “ the Board ”.

I164100

1

Section 325 (declarations) is amended as follows.

2

Omit subsection (1).

3

For subsection (2) substitute—

2
Every member of SOCA's staff who is assigned to carry out any of SOCA's functions under this Part must, as soon as practicable after being so assigned, make a declaration in the form set out in Schedule 8 before a person nominated by the Director General of SOCA for the purpose.

I165101

1

Schedule 8 (forms of declarations) is amended as follows.

2

Omit the words from “The Director”, where it first appears, to “by law.””, where it first appears.

3

For “The Staff Of The Agency” substitute “ SOCA's Staff ”.

4

For “authorised by the Director of the Assets Recovery Agency” substitute “ assigned by SOCA ”.

5

For “to the Director” substitute “ to SOCA ”.

6

For “his” substitute “ its ”.

I166102

The Secretary of State may by order—

a

repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and

b

make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.

Part 4Transfer of investigation functions

I167103

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

I168104

In section 351(5) (supplementary)—

a

after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

b

after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

I169105

1

Section 352 (search and seizure warrants) is amended as follows.

2

In subsection (5)(b) for “named member of the staff of the Agency” substitute “ member of SOCA's staff or of the staff of the relevant Director ”.

3

After subsection (5) insert—

5A
In this Part “relevant Director”—
a
in relation to England and Wales, means the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office; and
b
in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.

I170106

In section 353(10)(b) (requirements where production order not available) for “the staff of the Agency” substitute “ SOCA's staff or of the staff of the relevant Director ”.

I171107

1

Section 356 (further provisions: civil recovery) is amended as follows.

2

Omit subsection (6).

3

In subsection (11)(a) (as inserted by Schedule 10) for “the Director” substitute “ an appropriate officer ”.

I172108

1

Section 357 (disclosure orders) is amended as follows.

2

In subsection (1) for “the Director” substitute “ the relevant authority ”.

3

After subsection (2) insert—

2A
The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer.

4

In subsection (3)(a) for “the Director” substitute “ an appropriate officer ”.

5

In subsection (4)—

a

for “the Director”, where it first appears, substitute “ an appropriate officer ”; and

b

for “the Director”, where it appears for the second time, substitute “ the appropriate officer ”.

6

In subsection (5) for “the Director” substitute “ the appropriate officer concerned ”.

7

After subsection (6) insert—

7
In this Part “relevant authority” means—
a
in relation to a confiscation investigation, a prosecutor; and
b
in relation to a civil recovery investigation, a member of SOCA's staff or the relevant Director.
8
For the purposes of subsection (7)(a) a prosecutor is—
a
in relation to a confiscation investigation carried out by a member of SOCA's staff, the relevant Director or any specified person;
b
in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person;
c
in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; and
d
in relation to a confiscation investigation carried out by an officer of Revenue and Customs, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.
9
In subsection (8) “specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.

I173109

1

Section 361 (further provisions) is amended as follows.

2

In subsection (7) for “The Director” substitute “ An appropriate officer ”.

3

In subsection (9) for “the Director” substitute “ an appropriate officer ”.

I174110

1

Section 362 (supplementary) is amended as follows.

2

In subsection (3)(a) for “Director” substitute “ person who applied for the order ”.

3

After subsection (4) insert—

4A
If a member of SOCA's staff or a person falling within a description of persons specified by virtue of section 357(9) applies for a disclosure order, an application to discharge or vary the order need not be by the same member of SOCA's staff or (as the case may be) the same person falling within that description.
4B
References to a person who applied for a disclosure order must be construed accordingly.

4

In subsection (5) for “(4)” substitute “ (4B) ”.

I175111

1

Section 369 (supplementary) is amended as follows.

2

In subsection (5)—

a

after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

b

after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

3

In subsection (7) after “investigator,” insert “ a member of SOCA's staff, ”.

I176112

In section 375(4) (supplementary)—

a

after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

b

after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

I177113

Omit section 376 (evidence overseas).

I178114

1

Section 377 (code of practice) is amended as follows.

2

In the heading after “practice” insert “ of Secretary of State etc. ”.

3

In subsection (1)—

a

in paragraph (a) for “the Director” substitute “ the Director General of SOCA ”; and

b

in paragraph (b) for “members of the staff of the Agency” substitute “ other members of SOCA's staff ”.

4

In subsection (9)—

a

after “officer” insert “ or the relevant authority ”; and

b

for “he” substitute “ either ”.

I49 I179115

After section 377 (code of practice of Secretary of State etc.) insert—

377ACode of practice of Attorney General or Advocate General for Northern Ireland
1
The Attorney General must prepare a code of practice as to—
a
the exercise by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions and the Director of the Serious Fraud Office of functions they have under this Chapter; and
b
the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to England and Wales as the relevant authority.
2
The Advocate General for Northern Ireland must prepare a code of practice as to—
a
the exercise by the Director of Public Prosecutions for Northern Ireland of functions he has under this Chapter; and
b
the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to Northern Ireland as the relevant authority.
3
After preparing a draft of the code the Attorney General or (as the case may be) the Advocate General for Northern Ireland—
a
must publish the draft;
b
must consider any representations made to him about the draft;
c
may amend the draft accordingly.
4
After the Attorney General or the Advocate General for Northern Ireland has proceeded under subsection (3) he must lay the code before Parliament.
5
When the code has been so laid the Attorney General or (as the case may be) the Advocate General for Northern Ireland may bring the code into operation on such day as he may appoint by order.
6
A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter to which the code relates.
7
If such a person fails to comply with any provision of such a code of practice the person is not by reason only of that failure liable in any criminal or civil proceedings.
8
But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.
9
The Attorney General or (as the case may be) the Advocate General for Northern Ireland may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.
10
In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

I180116

1

Section 378 (officers) is amended as follows.

2

In subsection (1)(a) for “the Director” substitute “ a member of SOCA's staff ”.

3

In subsection (2)(a) for “the Director” substitute “ a senior member of SOCA's staff ”.

4

In subsection (3) for the words from “the Director”, where it first appears, to the end of the subsection substitute

—
a
a member of SOCA's staff or the relevant Director is an appropriate officer;
b
a senior member of SOCA's staff is a senior appropriate officer.

5

In subsection (5) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

6

Omit subsection (7).

7

After subsection (7) insert—

8
For the purposes of this Part a senior member of SOCA's staff is—
a
the Director General of SOCA; or
b
any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose.

I181117

In section 416(2) (other interpretative provisions)—

a

after the entry for production order insert—

relevant authority: section 357(7) to (9)
relevant Director: section 352(5A)

b

at the end insert— “ senior member of SOCA's staff: section 378(8). ”

I182118

After section 449 (pseudonyms) insert—

449AStaff of relevant Directors: pseudonyms
1
This section applies to a member of the staff of the relevant Director if—
a
the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and
b
it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name.
2
The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym.
3
For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym.
4
In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.
5
The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf.
6
In this section “relevant Director” has the meaning given by section 352(5A).

I183119

1

Section 459 (orders and regulations) is amended as follows.

2

In subsection (3) after “instrument” insert “ (other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))) ”.

3

In subsection (4)(a) after “377(4)” insert “ , 377A(5) ”.

4

After subsection (6)(a) insert—

aa
by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;

5

After subsection (7) insert—

8
In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

Part 5Transfer of accreditation and training functions

I184120

1

Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows.

2

In subsection (1)—

a

for “Director” substitute “ National Policing Improvement Agency ”; and

b

for “establish” substitute “ provide ”.

3

Omit subsection (6).

4

In subsection (7) for “Director” substitute “ National Policing Improvement Agency ”.

5

Omit subsection (8).

Part 6Other amendments to 2002 Act

I185121

The Proceeds of Crime Act 2002 is amended as follows.

I186122

In the heading for Part 1 for “Assets Recovery Agency” substitute “ Introductory ”.

I187123

Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director's general functions).

I188124

After section 2 insert—

2AContribution 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
SOCA,
b
the Director of Public Prosecutions,
c
the Director of Public Prosecutions for Northern Ireland,
d
the Director of Revenue and Customs Prosecutions, or
e
the Director of the Serious Fraud Office.
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 SOCA, the Secretary of State,
b
in the case of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, the Attorney General, and
c
in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland.
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.
2BSOCA and members of SOCA's staff
1
For the purposes of this Act SOCA is the Serious Organised Crime Agency.
2
Anything which SOCA 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 SOCA if the person is authorised by SOCA (whether generally or specifically) for that purpose.
3
References in this Act to members of SOCA's staff are to be read in accordance with paragraph 8(4) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or persons seconded to SOCA to serve as members of its staff).
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 the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office 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 concerned (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 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.
4
In this section “relevant Director” means—
a
the Director of Public Prosecutions,
b
the Director of Public Prosecutions for Northern Ireland,
c
the Director of Revenue and Customs Prosecutions, or
d
the Director of the Serious Fraud Office.

I189125

Omit sections 4 and 5 (co-operation and advice and assistance for Secretary of State).

I190126

In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

I191127

In section 331(4) (failure to disclose: nominated officers in the regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

I192128

In section 332(4) (failure to disclose: other nominated officers) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

I193129

In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

I194130

In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

I195131

For section 435 (use of information by Director) substitute—

435Use of information by certain Directors
1
Information obtained by or on behalf of the Director in connection with the exercise of any of his functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his other functions (whether under, or in relation to, either Part, another Part of this Act or otherwise).
2
Information obtained by or on behalf of the Director in connection with the exercise of any of his functions (whether under, or in relation to, this Act or otherwise) which are not functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his functions under, or in relation to, Part 5 or 8.
3
This section applies to information obtained before the coming into force of the section as well as to information obtained after the coming into force of the section.
4
In this section “the Director” means—
a
the Director of Public Prosecutions;
b
the Director of the Serious Fraud Office; or
c
the Director of Public Prosecutions for Northern Ireland.

I196132

1

Section 436 (disclosure of information to Director) is amended as follows.

2

In the heading for “Director” substitute “ certain Directors ”.

3

In subsection (1)—

a

for “this section” substitute “ subsection (10) ”; and

b

after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

4

In subsection (5), omit paragraph (b) and (ga).

5

After subsection (9) insert—

10
In this section “the Director” has the same meaning as in section 435.

I197133

1

Section 437 (further disclosure) is amended as follows.

2

In subsection (2)(a) after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

3

After subsection (6) insert—

7
In this section “the Director” has the same meaning as in section 435.

I198134

1

Section 438 (disclosure of information by Director) is amended as follows.

2

In the heading for “Director” substitute “ certain Directors ”.

3

In subsection (1)—

a

after “functions”, where it first appears, insert “ under, or in relation to, Part 5 or 8 ”;

b

in paragraph (c) after “functions” insert “ under, or in relation to, Part 5 or 8 ”; and

c

after paragraph (f) insert—

fa
the exercise of any functions of SOCA, another Director or the Director of Revenue and Customs Prosecutions under, or in relation to, Part 5 or 8;

4

Omit subsections (2) to (4).

5

After subsection (8) insert—

8A
This section does not affect a power to disclose which exists apart from this section.
8B
This section applies to information obtained before the coming into force of subsection (10) as well as to information obtained after the coming into force of that subsection.

6

After subsection (9) insert—

10
In this section “the Director” has the same meaning as in section 435.

I199135

In section 439(5) (disclosure of information to Lord Advocate and to Scottish Ministers)—

a

in paragraph (b) for “the Director General of the Serious Organised Crime Agency” substitute “ SOCA but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act ”; and

F59b

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

I200136

In section 441(2) (disclosure of information by Lord Advocate and by Scottish Ministers) for paragraph (f) substitute—

fa
the exercise of the functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland under, or in relation to, Part 5 or 8;

I201137

1

Section 443 (enforcement in different parts of the United Kingdom) is amended as follows.

2

In subsection (3)(a) for “and the Director” substitute “ , SOCA and the relevant Director ”.

3

After subsection (4) insert—

5
In this section “relevant Director” has the meaning given by section 352(5A).

I202138

In section 444(4)(d) (external requests and orders) for “the Director” substitute “ SOCA ”.

I203139

In section 445(2)(b) (external investigations) for the words from “the Director”, where it first appears, to “Agency” substitute “ SOCA, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of Revenue and Customs Prosecutions ”.

In subsection (4) for “the staff of the Agency” substitute “ SOCA's staff ”.

7

Omit subsection (5).

8

After subsection (5) insert—

6
In this section “authorised person” means a member of SOCA's staff authorised by SOCA for the purposes of this section.

I205141

After section 460(2) (finance) insert—

3
Subject to anything in this Act—
a
any sums received by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office in consequence of this Act are to be paid into the Consolidated Fund; and
b
any sums received by the Director of Public Prosecutions for Northern Ireland in consequence of this Act are to be paid to the Secretary of State.

I206142

Omit Schedule 1 (the Assets Recovery Agency).

Part 7Amendments to other enactments

Parliamentary Commissioner Act 1967 (c. 13)

I207143

1

Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.

2

Omit the entry for “The Director of the Assets Recovery Agency.”.

3

After the entry for “Sentencing Guidelines Council” insert “ The Serious Organised Crime Agency. ”.

4

Omit the paragraph in the Notes headed “Assets Recovery Agency”.

5

After the paragraph in the Notes headed “Ministry of Justice” insert—

Serious Organised Crime Agency
In the case of the Serious Organised Crime Agency, an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty's Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

Criminal Appeal Act 1968 (c. 19)

I208144

In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) omit subsection (1A).

I209145

In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) of this Act,”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

I210146

1

Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) is amended as follows.

2

Omit subsection (1A).

3

In subsection (3) omit “, subject to subsection (1A) above,”.

Limitation Act 1980 (c. 58)

I211147

1

Section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.

2

In subsection (2) for “Director's” substitute “ relevant person's ”.

3

In subsection (4) for “Director's” substitute “ relevant person's ”.

4

After subsection (7) insert—

8
In this section “relevant person” means—
a
the Serious Organised Crime Agency,
b
the Director of Public Prosecutions,
c
the Director of Revenue and Customs Prosecutions, or
d
the Director of the Serious Fraud Office.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

I212148

1

Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under Part 2 of the Order) is amended as follows.

2

In sub-paragraph (1)(a) omit “or 204(3)”.

3

In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Prosecution of Offences Act 1985 (c. 23)

I213149

In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), after paragraph (fe), insert—

ff
to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);

Bankruptcy (Scotland) Act 1985 (c. 66)

I214150

In section 31A(1)(b) of the Bankruptcy (Scotland) Act 1985 (property subject to restraint order)—

a

omit “52,”; and

b

for “, 198 or 200” substitute “ or 198 ”.

Insolvency Act 1986 (c. 45)

I215151

In section 306A(1)(b) of the Insolvency Act 1986 (property subject to restraint order)—

a

omit “52,”; and

b

for “, 198 or 200” substitute “ or 198 ”.

Criminal Justice Act 1987 (c. 38)

I216152

After section 1(6) of the Criminal Justice Act 1987 (functions of the Director of the Serious Fraud Office) insert—

6A
The Director has the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))

I217153

1

Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.

2

In paragraph (2) for “Director's” substitute “ relevant person's ”.

3

In paragraph (4) for “Director's” substitute “ relevant person's ”.

4

After paragraph (7) insert—

8
In this Article “relevant person” means—
a
the Serious Organised Crime Agency,
b
the Director of the Serious Fraud Office, or
c
the Director of Public Prosecutions for Northern Ireland.

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))

I218154

In Article 279A(1)(b) of the Insolvency (Northern Ireland) Order 1989 (property subject to restraint order)—

a

omit “52,”; and

b

for “, 198 or 200” substitute “ or 198 ”.

Police Act 1996 (c. 16)

I219155

1

Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.

2

In subsection (1) omit paragraph (ce).

3

In subsection (6)(a) omit “(ce),”.

4

In subsection (8) omit “(ce),”.

Police (Northern Ireland) Act 1998 (c. 32)

I220156

1

Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows.

2

In subsection (1) omit paragraph (ca).

3

In subsection (5)(b) omit “(ca),”.

4

In subsection (7) omit “(ca),”.

I221157

After section 60ZA(6) of that Act (SOCA) insert—

7
An agreement or order under this section must not provide for procedures in relation to so much of any complaint or matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

Northern Ireland Act 1998 (c. 47)

I222158

1

In section 75(4A) of the Northern Ireland Act 1998 (statutory duty on public authorities) after “offences” insert “ or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) ”.

2

After section 76(10) of that Act (discrimination by public authorities) insert—

11
The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Access to Justice Act 1999 (c. 22)

F43159

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

Police Reform Act 2002 (c. 30)

I223160

After section 10(8) of the Police Reform Act 2002 (general functions of the Independent Police Complaints Commission) insert—

9
Nothing in this Part shall confer any function on the Commission in relation to so much of any complaint, conduct matter or DSI matter as relates to—
a
any functions of the Serious Organised Crime Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets); or
b
the functions of the National Policing Improvement Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

I224161

After section 26A(4) of that Act (SOCA) insert—

4A
An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

I225162

After section 26B(4) of that Act (National Policing Improvement Agency) insert—

4A
An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to the functions of the Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))

I226163

1

Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (representation in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal Services Commission) is amended as follows.

2

In sub-paragraph (1)(a) omit “or 204(3)”.

3

In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

I227164

In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—

a

omit “or” at the end of sub-paragraph (i); and

b

after sub-paragraph (ii) insert

, or
“
in the case of the Director of Revenue and Customs Prosecutions, to exercise his functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29).

F60165

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

I228166

In section 37(1) of that Act (prosecutors) after “section 35” insert “ (excluding any function mentioned in subsection (4A) of that section) ”.

I229167

1

Section 40 of that Act (confidentiality) is amended as follows.

2

In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—

ca
does not apply to a disclosure made for the purposes of—
i
the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29),
ii
the exercise of any functions of the Serious Organised Crime Agency under that Act,
iii
the exercise of any functions of the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act,
iv
the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act, or
v
investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act,
cb
does not apply to a disclosure of information obtained in the exercise of functions under the Proceeds of Crime Act 2002 (c. 29) if the disclosure is made for the purposes of the exercise of a function which the Secretary of State thinks is a public function and which he designates by order,

3

After subsection (10) insert—

10A
An order under subsection (2)(cb)—
a
may include transitional or incidental provision,
b
shall be made by statutory instrument, and
c
shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

F61168

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

Serious Organised Crime and Police Act 2005 (c. 15)

I50 I230169

After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—

2AFunctions of SOCA as to the recovery of assets
SOCA has the functions conferred on it (whether directly or through its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating to the recovery of assets).

I231170

1

Section 5 of that Act (SOCA's general powers) is amended as follows.

2

In subsection (2)(d) after “or 3” insert “ or mentioned in section 2A, ”.

3

In subsection (3) after “3” insert “ or mentioned in section 2A ”.

4

In subsection (4) after “section” insert “ 2A or ”.

I232171

After section 19(4) of that Act (charges by SOCA and other receipts) insert—

4A
Subsection (3) is subject to any provision made by the Proceeds of Crime Act 2002 (c. 29).

I233172

1

Section 33 (disclosure of information by SOCA) of that Act is amended as follows.

2

In subsection (2) after paragraph (c) insert—

ca
the exercise of any function of SOCA mentioned in section 2A (functions relating to the recovery of assets);
cb
the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29);
cc
the exercise of any functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;
cd
the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act;
ce
investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;

3

After subsection (2) insert—

2A
Subsections (1) and (2) do not apply to information obtained by SOCA in connection with the exercise of its functions under Part 6 of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).
2B
But such information may be disclosed by SOCA—
a
to the Commissioners;
b
to the Lord Advocate for the purpose of the exercise by the Lord Advocate of his functions under Part 3 of that Act (confiscation: Scotland).
2C
Information disclosed to the Lord Advocate under subsection (2B)(b) may be further disclosed by him only to the Scottish Ministers for the purpose of the exercise by them of their functions under Part 5 of that Act (civil recovery of the proceeds etc. of unlawful conduct).
2D
Subsections (1) and (2), so far as relating to disclosure for the purposes of the exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 of that Act, do not apply to information obtained by SOCA in connection with the exercise of any of its functions other than its functions under that Act.

I234173

After section 35(1) of that Act (restrictions on further disclosure) insert—

1A
Subsection (1) does not apply to—
a
information disclosed by SOCA under section 33 to the Lord Advocate for the purpose of the exercise of any of his functions under Part 3 of the Proceeds of Crime Act 2002; or
b
information disclosed by SOCA under section 33 to the Scottish Ministers for the purposes of the exercise of any of their functions under, or in relation to, Part 5 of that Act;
but see instead section 441 of the Proceeds of Crime Act 2002.

I235174

In paragraph 8 of Schedule 1 to that Act (SOCA's staff) after sub-paragraph (1), insert—

1A
SOCA must appoint one of its employees as a person with responsibilities in relation to the exercise of SOCA's functions in Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).

I236175

In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.

Gambling Act 2005 (c. 19)

I237176

In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)—

a

omit the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service; and

b

after the entry for the Serious Fraud Office insert— “ The Serious Organised Crime Agency ”.

Police and Justice Act 2006 (c. 48)

I238177

1

Schedule 1 to the Police and Justice Act 2006 (National Policing Improvement Agency) is amended as follows.

2

In paragraph 1 (the objects of the Agency)—

a

after paragraph (e), insert—

ea
the carrying out of its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators);

b

in paragraph (f) for “(e)” substitute “ (ea) ”.

3

After paragraph 4(5) (consultation: Scotland or Northern Ireland) insert—

6
This paragraph does not apply to any exercise of the Agency's power under paragraph 2(1) which is for the purposes of attaining the object mentioned in paragraph 1(ea) (accreditation and training of financial investigators).

4

After paragraph 6(4) (strategic priorities) insert—

4A
Before determining strategic priorities for the Agency in relation to its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators), the Secretary of State must (in addition to those required above) consult such other persons as the Secretary of State considers appropriate.

5

In paragraph 35 (payments by Agency to police authorities) after “objects” insert “ (other than the object mentioned in paragraph 1(ea): accreditation and training of financial investigators) ”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

I239178

In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc.) omit “Assets Recovery Agency”.

SCHEDULE 9Transfers to SOCA or NPIA

Section 74(3)

Interpretation

I521

In this Schedule—

“the Agency” means the Assets Recovery Agency;
“the Director” means the Director of the Assets Recovery Agency;
“NPIA” means the National Policing Improvement Agency; and
“transfer scheme” means a scheme made by the Secretary of State under this Schedule.

did not have a contract of employment; or

b

held an appointment by virtue of a secondment.

3

A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).

I565

1

A transfer scheme may provide for a person who—

a

is the Director or a member of staff of the Agency; and

b

would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.

2

A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

I576

1

A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.

2

The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.

Property, rights and liabilities etc.

I587

The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

I3442

In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.

I3453

In section 343(3) (judges) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3464

In section 344(b) (courts) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3475

In section 350(5)(b) (government departments) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3486

In section 351(8) (supplementary) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I3497

1

Section 352 (search and seizure warrants) is amended as follows.

2

In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.

3

After subsection (5)(b) insert—

c
a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

I3508

1

Section 353 (requirements where production order not available) is amended as follows.

2

In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.

3

After subsection (10)(b) insert—

c
a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

9 I244 I3511

Section 356 (further provisions: civil recovery) is amended as follows.

I3522

In the heading after “civil recovery” insert “ and detained cash ”.

I3523

In subsection (1) after “civil recovery investigations” insert “ or detained cash investigations ”.

I3524

In subsection (6) after “If” insert “ , in the case of civil recovery investigations, ”.

I244 I3515

In subsection (10) for the words from “if” to “reasonable” substitute “ if the appropriate person has reasonable ”.

I244 I3516

After subsection (10) insert—

11
The appropriate person is—
a
the Director, if the warrant was issued for the purposes of a civil recovery investigation;
b
a constable or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation.

I35310

In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.

I35411

In section 363 (customer information orders) after subsection (1) insert—

1A
No application for a customer information order may be made in relation to a detained cash investigation.

I35512

In section 370 (account monitoring orders) after subsection (1) insert—

1A
No application for an account monitoring order may be made in relation to a detained cash investigation.

I35613

In section 378 (officers) after subsection (3) insert—

3A
In relation to a detained cash investigation these are appropriate officers—
a
a constable;
b
an officer of Revenue and Customs.

I55514

In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I55615

In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I55716

In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I55817

In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I55918

In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.

I56019

1

Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.

2

In the heading after “civil recovery” insert “ , detained cash ”.

3

In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.

4

In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

5

In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

6

In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I56120

In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.

I56221

In section 397 (customer information orders: Scotland) after subsection (1) insert—

1A
No application for a customer information order may be made in relation to a detained cash investigation.

I56322

In section 404 (account monitoring orders: Scotland) after subsection (1) insert—

1A
No application for an account monitoring order may be made in relation to a detained cash investigation.

I56423

1

Section 412 (interpretation: Scotland) is amended as follows.

2

In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

3

In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I35724

1

Section 416 (other interpretative provisions) is amended as follows.

2

In subsection (1) after “confiscation investigation: section 341(1)” insert— “ detained cash investigation: section 341(3A) ”.

3

After subsection (7) insert—

7A
“Unlawful conduct” has the meaning given by section 241.

I358 I56525

In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Other amendments

I35926

In section 18(2)(f) of the Civil Jurisdiction and Judgments Act 1982 (c. 27)—

a

after “a civil recovery investigation” insert “ or a detained cash investigation ”; and

b

for “meaning” substitute “ meanings ”.

I36027

In section 64(3)(aa) of the Criminal Justice and Police Act 2001 (c. 16) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

I36128

In Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (functions of Commissioners and officers: restrictions etc.), after paragraph 13, insert—

13A
The powers conferred on an officer of Revenue and Customs by virtue of section 352(5)(c), 353(10)(c), 356(11)(b) or 378(3A)(b) of the Act of 2002 (powers in relation to search and seizure warrants and production orders) are exercisable only in relation to cash seized in accordance with paragraph 13 above by an officer of Revenue and Customs under section 294 of that Act.

SCHEDULE 11Powers to recover cash: financial investigators

Section 79

Amendments to Chapter 3 of Part 5 of 2002 Act

I3641

Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings) is amended in accordance with paragraphs 2 to 13.

I3652

1

Section 289 (powers to search for cash) is amended as follows.

2

In subsection (1)—

a

for “or constable who” substitute “ , a constable or an accredited financial investigator ”; and

b

after “premises”, where it first appears, insert “ and ”.

3

In subsection (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

4

In subsections (3) and (4) for “or constable” substitute “ , constable or accredited financial investigator ”.

5

In subsection (5), after paragraph (b), insert—

c
are exercisable by an accredited financial investigator only in relation to premises or (as the case may be) suspects in England, Wales or Northern Ireland.

I3663

1

Section 290 (prior approval by senior officer) is amended as follows.

2

In subsection (4), after paragraph (b), insert—

c
in relation to the exercise of the power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453.

3

In subsection (6) for “or constable” substitute “ , constable or accredited financial investigator ”.

I3674

In section 291(2) (report on exercise of powers) for “or constable” substitute “ , constable or accredited financial investigator ”.

I3685

1

Section 292 (code of practice) is amended as follows.

2

In subsection (1) after “constables” insert “ and accredited financial investigators ”.

3

In subsection (6) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

I3696

1

Section 294 (seizure of cash) is amended as follows.

2

In subsections (1) and (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.

3

After subsection (3) insert—

4
This section does not authorise the seizure by an accredited financial investigator of cash found in Scotland.

I3707

1

Section 295 (detention of seized cash) is amended as follows.

2

In subsection (1) for “or constable” substitute “ , constable or accredited financial investigator ”.

3

In subsection (4)(a) for “or a constable” substitute “ , a constable or an accredited financial investigator ”.

I3718

In section 296(2) (release of part of cash seized) for “or constable” substitute “ , constable or accredited financial investigator ”.

I3729

In section 297(4) (release of detained cash) after “constable” insert “ or accredited financial investigator ”.

I37310

In section 298(1)(a) (power to apply for forfeiture) before “or” insert “ , an accredited financial investigator ”.

I37411

After section 302(7) insert—

7A
If the cash was seized by an accredited financial investigator who was not an officer of Revenue and Customs or a constable, the compensation is to be paid as follows—
a
in the case of an investigator—
i
who was employed by a police authority in England and Wales under section 15 of the Police Act 1996 (c. 16) and was under the direction and control of the chief officer of police of the police force maintained by the authority, or
ii
who was a member of staff of the City of London police force,
it is to be paid out of the police fund from which the expenses of the police force are met,
b
in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable,
c
in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department,
d
in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department,
e
in any other case, it is to be paid by the employer of the investigator.
7B
The Secretary of State may by order amend subsection (7A).

I37512

1

Section 302A (powers for prosecutors to appear in proceedings) (as inserted by section 84(1) above) is amended as follows.

2

In subsection (1)—

a

after “constable”, in the first place where it appears, insert “ or an accredited financial investigator ”; and

b

after “constable”, in the second place where it appears, insert “ or (as the case may be) an accredited financial investigator ”.

3

After subsection (3) insert—

4
The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs.

I37613

After section 303 insert—

303AFinancial investigators
1
In this Chapter (apart from this section) any reference in a provision 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 provision by the Secretary of State under section 453.
2
Subsection (1) does not apply to the second reference to an accredited financial investigator in section 290(4)(c).
3
Where an accredited financial investigator of a particular description—
a
applies for an order under section 295,
b
applies for forfeiture under section 298, or
c
brings an appeal under, or relating to, this Chapter,
any subsequent step in the application or appeal, or any further application or appeal relating to the same matter, may be taken, made or brought by a different accredited financial investigator of the same description.

Other amendments to 2002 Act

I37714

In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of information by the Director of the Assets Recovery Agency) before “or” insert “ , an accredited financial investigator ”.

I37815

1

Section 459 of that Act (orders and regulations) is amended as follows.

2

In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert “ 302(7B), ”.

3

In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),” insert “ 302(7B), ”.

4

After subsection (6) insert—

6A
If a draft of an order under section 302(7B) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument.

Amendments to other enactments

I37916

In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.

I38017

In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.

SCHEDULE 12Revenue and Customs: regulation of investigatory powers

Section 88

Police Act 1997 (c. 50)

I41

In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)—

a

in subsection (1B) for “customs officer” substitute “ an officer of Revenue and Customs ”;

b

in subsection (3)(d) for “a customs officer” substitute “ an officer of Revenue and Customs ”; and

c

for subsection (5)(h) substitute—

h
an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

I52

In section 94(2)(f) of that Act (urgency) for “by a customs officer designated by the Commissioners of Customs and Excise” substitute “ by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs ”.

I63

In section 107(4)(c) of that Act (supplementary) for “the Commissioners of Customs and Excise.” substitute “ the Commissioners for Her Majesty's Revenue and Customs. ”

I74

In section 108(1) of that Act (interpretation) omit the definition of “customs officer”.

Regulation of Investigatory Powers Act 2000 (c. 23)

I85

The Regulation of Investigatory Powers Act 2000 is amended as follows.

I96

In section 6(2)(h) (application for issue of interception warrant) for “the Commissioners of Customs and Excise” substitute “ the Commissioners for Her Majesty's Revenue and Customs ”.

I107

In section 21(5)(c) (acquisition of data, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”

I118

In the definition of “relevant public authority” in section 25(1) (communications data: interpretation) for paragraphs (d) and (e) substitute—

d
Her Majesty's Revenue and Customs;

I129

In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”

I1310

For section 32(6)(m) (authorisation of intrusive surveillance) substitute—

m
an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;

I1411

In section 33 (surveillance: authorisation)—

a

for subsection (2) substitute—

2
A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs.

b

for subsection (4) substitute—

4
A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs.

c

in subsection (5)(a) for “a customs officer” substitute “ an officer of Revenue and Customs ”;

(and in the italic cross-heading before section 33 for “customs” substitute “ Revenue and Customs ”).

I1512

In section 34 (grant of authorisation in senior officer's absence)—

a

in subsection (1) for “a customs officer;” substitute “ an officer of Revenue and Customs; ”;

b

in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “ the Commissioners for Her Majesty's Revenue and Customs, ”; and

c

in subsection (4)(l)—

i

for “the Commissioners of Customs and Excise,” substitute “ “ the Commissioners for Her Majesty's Revenue and Customs, ”and

ii

after “if he is” insert “ a senior official ”.

I1613

In section 35 (intrusive surveillance authorisation: notification)—

a

in subsection (1) for “customs” substitute “ Revenue and Customs ”;

b

in subsection (10) for “customs” substitute “ Revenue and Customs ”; and

c

in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “ the Commissioners for Her Majesty's Revenue and Customs; ”.

I1714

In section 36 (approval required for authorisation of intrusive surveillance to take effect)—

a

for subsection (1)(d) substitute—

d
an officer of Revenue and Customs;

b

for subsection (6)(g) substitute—

g
where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs;

I1815

For section 37(1)(d) (quashing authorisations) substitute—

d
an officer of Revenue and Customs;

I1916

For section 40(d) (information) substitute—

d
every officer of Revenue and Customs,

I2017

In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—

e
the Commissioners for Her Majesty's Revenue and Customs;

I2118

In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “ officers of Revenue and Customs). ”

I2219

In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

I2320

In section 51 (cases where key required)—

a

for “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”; and

b

for “the Commissioners of Customs and Excise” (in each place) substitute “ the Commissioners for Her Majesty's Revenue and Customs ”.

I2421

In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.

I2522

For section 55(1)(c) (general duty in relation to encrypted data) substitute—

c
the Commissioners for Her Majesty's Revenue and Customs;

I2623

In section 56(1) (interpretation) omit the definition of “the customs and excise”.

I2724

For section 65(6)(f) (the Tribunal) substitute—

f
the Commissioners for Her Majesty's Revenue and Customs;

I2825

In section 71(2)(c) (codes of practice) for “customs and excise” substitute “ Her Majesty's Revenue and Customs ”.

I2926

In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—

d
an officer of Revenue and Customs.

I3027

In section 81(1) (interpretation) omit the definition of “customs officer”.

I3128

In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute—

Revenue and Customs
7
Her Majesty's Revenue and Customs.

I3229

1

In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”.

2

In paragraph 6(4) of that Schedule—

a

for “A person commissioned by the Commissioners of Customs and Excise” substitute “ An officer of Revenue and Customs ”;

b

for “those Commissioners themselves” substitute “ the Commissioners for Her Majesty's Revenue and Customs ”;

c

for “their department” substitute “ Revenue and Customs ”; and

d

for “they” substitute “ the Commissioners ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

I3330

The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect—

a

paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and

b

paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).

I3431

Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty's Revenue and Customs may exercise a power under an enactment amended by this Schedule.

SCHEDULE 13Transitional and transitory provisions and savings

Section 91(1)

Serious crime prevention orders

I3291

In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a person has been involved in serious crime, the court may take account of conduct before the coming into force of that provision as well as conduct after the coming into force of that provision.

I3302

1

Section 19, 20 or 21 does not apply to a person who is being dealt with on or after the coming into force of the section in relation to an offence of which the person was convicted before the coming into force of the section.

2

2

For the purpose of determining D's guilt it shall be conclusively presumed that the time when the act took place was before the coming into force of section 44.

7

In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 53(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

Data-sharing

I5488

In the application of section 70(1)(a)—

a

in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and

b

in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);

the reference to 12 months is to be read as a reference to 6 months.

Data matching

I3399

In relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way), the reference to 12 months in each of the following provisions is to be read as a reference to 6 months—

F69a

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

b

section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as inserted by paragraph 4 of that Schedule).

I36 I242 I550SCHEDULE 14Repeals and revocations

Section 92

Annotations:

Commencement Information

I36

Sch. 14 in force at 15.2.2008 for specified purposes by S.I. 2008/219, art. 2(d)

I242

Sch. 14 in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

I550

Sch. 14 in force at 1.10.2008 for specified purposes by S.I. 2008/2504, art. 2(i)

Title	Extent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2— a the entry for “The Director of the Assets Recovery Agency.”; b the paragraph in the Notes headed “Assets Recovery Agency”.
Criminal Appeal Act 1968 (c. 19)	Section 33(1A). In section 51(1A), the words “, subject to section 33(1A) of this Act,”.
Criminal Law Act 1977 (c. 45)	Section 5(7).
Magistrates' Courts Act 1980 (c. 43)	Section 32(1)(b). Section 45. In Schedule 1, paragraph 35.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)	In section 31— a subsection (1A); b in subsection (3), the words “, subject to subsection (1A) above,”.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))	In paragraph 2A(1)(a) of Part 1 of Schedule 1, the words “or 204(3)”.
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))	Article 60(1).
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))	Article 13(8).
Bankruptcy (Scotland) Act 1985 (c. 66)	In section 31A(1)(b), the word “52,”.
Insolvency Act 1986 (c. 45)	In section 306A(1)(b), the word “52,”.
Public Order Act 1986 (c. 64)	In section 12(10), the words from “notwithstanding” to the end. In section 13(13), the words from “notwithstanding” to the end. In section 14(10), the words from “notwithstanding” to the end. In section 14B(7), the words from “notwithstanding” to the end.
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))	In Article 279A(1)(b), the word “52,”.
Computer Misuse Act 1990 (c. 18)	Section 6(3). Section 7(4). In section 8(3), the words “or by virtue of section 7(4) above”. Section 9(2)(d). In section 16(4), the words from “and any reference” to the end.
Police Act 1996 (c. 16)	In section 97— a subsection (1)(ce); b in subsections (6)(a) and (8), the word “(ce),”.
Police Act 1997 (c. 50)	In section 108(1), the definition of “customs officer”.
Police (Northern Ireland) Act 1998 (c. 32)	In section 27— a subsection (1)(ca); b in subsection (5)(b), the word “(ca),”; c in subsection (7), the word “(ca),”.
Access to Justice Act 1999 (c. 22)	In paragraph 3(1)(b) of Schedule 2, the words “or 56(3)”.
Regulation of Investigatory Powers Act 2000 (c. 23)	In section 56(1), the definition of “the customs and excise”. In section 81(1), the definition of “customs officer”.
International Criminal Court Act 2001 (c. 17)	Section 55(3). Section 62(3).
Proceeds of Crime Act 2002 (c. 29)	Sections 1 and 2. Section 3(6) and (8). Sections 4 and 5. In section 6(3)(a), the words “or the Director”. In section 11(7), paragraph (b) and the word “or” before it. In section 14(7)(b), the words “or the Director (as the case may be)”. In section 16— a in subsection (1), the words “or the Director (as the case may be)”; b in subsection (3), the words “or the Director (as the case may be)” and “or the Director”; c in subsection (4), the words “or Director”; d in subsection (5), the words “or the Director (as the case may be)” and “or the Director”; e in subsection (6), the words “or the Director”. In section 17(1), the words “or the Director”. In section 18(6), the words “or the Director (as the case may be)”. In section 19(1)(c), the words “or the Director”. In section 20— a subsection (3); b in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”. In section 21(1)(b), (c) and (d), the words “or the Director”. In section 22(2), paragraph (b) and, in paragraph (c), the words “or 52”. In section 23(1)(b), the words “or 52”. In section 26— a in subsection (1)(b), the words “or the Director”; b in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”. In section 27— a in subsection (3)(a), the words “or the Director”; b in subsection (5)(b), the words “or the Director (as the case may be)”; c in subsection (7), the words “or the Director”. In section 28— a in subsection (3)(a), the words “or the Director”; b in subsection (5)(b), the words “or the Director (as the case may be)”. In section 31— a in the heading, the words “or Director”; b in subsections (1) and (2), the words “or the Director”. In section 33(2)— a in paragraph (a), the words “(if the prosecutor appealed under section 31)”; b paragraph (b). Section 34. In section 35(1), paragraph (b) and the word “and” before it. Sections 36 and 37. Section 39(6). In section 40— a in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”; b in subsection (8)(b), the words “or the Director (as the case may be)”. Section 42(2)(b). Sections 52 and 53. Sections 56 and 57. Section 60. In section 63(1)(b), the words from “or”, where it first appears, to “Director”. In section 64— a in subsection (1)(b), the words from “or” to “section 52”; b subsection (3). In section 65— a in subsections (1) and (2), the words “or section 53”; b in subsection (5)(a), the words from “or”, where it first appears, to “Director”. Section 67(4)(c). In section 74(1)— a in paragraph (b), the words “or the Director”; b in paragraph (c), the words “or the Director (as the case may be)”. In section 156(3)(a), the words “or the Director”. In section 161(7), paragraph (b) and the word “or” before it. In section 164(7)(b), the words “or the Director (as the case may be)”. In section 166— a in subsection (1), the words “or the Director (as the case may be)”; b in subsection (3), the words “or the Director (as the case may be)” and “or the Director”; c in subsection (4), the words “or Director”; d in subsection (5), the words “or the Director (as the case may be)” and “or the Director”; e in subsection (6), the words “or the Director”. In section 167(1), the words “or the Director”. In section 168(6), the words “or the Director (as the case may be)”. In section 169(1)(c), the words “or the Director”. In section 170— a subsection (3); b in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”. In section 171(1)(b), (c) and (d), the words “or the Director”. In section 172(2), paragraph (b) and, in paragraph (c), the words “or 200”. In section 173(1)(b), the words “or 200”. In section 176— a in subsection (1)(b), the words “or the Director”; b in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”. In section 177— a in subsection (3)(a), the words “or the Director”; b in subsection (5)(b), the words “or the Director (as the case may be)”; c in subsection (7), the words “or the Director”. In section 178— a in subsection (3)(a), the words “or the Director”; b in subsection (5)(b), the words “or the Director (as the case may be)”. In section 181— a in the heading, the words “or Director”; b in subsections (1) and (2), the words “or the Director”. In section 183(2)— a in paragraph (a), the words “(if the prosecutor appealed under section 181)”;paragraph (b). Section 184. Section 186. Section 188(6). In section 189— a in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”; b in subsection (8)(b), the words “or the Director (as the case may be)”. Section 191(2)(b). Sections 200 and 201. Sections 204 and 205. Section 208. In section 210(2)(b) and (3), the words “or 200”. In section 211(1)(b), the words from “or”, where it first appears, to “Director”. In section 212— a in subsection (1)(b), the words from “or” to “section 200”; b subsection (3). In section 213— a in subsections (1) and (2), the words “or section 201”; b in subsection (5)(a), the words from “or”, where it first appears, to “Director”. Section 215(4)(d). In section 222(1)— a in paragraph (b), the words “or the Director”; b in paragraph (c), the words “or the Director (as the case may be)”. Section 313. Section 325(1). Section 356(6). Section 376. Section 378(7). In section 417(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. In section 419(2)(b), the word “52,”. In section 420(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. In section 422(2)(b), the word “52,”. In section 423(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. In section 425(2)(b), the word “52,”. In section 426(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. In section 427(3)(b), the word “52,”. In section 428(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. In section 429(3)(b), the word “52,”. In section 430(2)— a in paragraph (b), the words “or 52”; b in paragraph (d), the words “or 200”. Section 436(5)(b) and (ga). Section 438(2) to (4). Section 449(5). Schedule 1. In Schedule 8, the words from “The Director”, where it first appears, to “by law.””, where it first appears. In Schedule 11, paragraphs 2, 4(2), 9(3), 30(1) and (2) and 34(1) and (2).
Crime (International Co-operation) Act 2003 (c. 32)	In Schedule 5, paragraphs 82 and 83.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))	In paragraph 3(1)(a) of Schedule 2, the words “or 204(3)”.
Commissioners for Revenue and Customs Act 2005 (c. 11)	In section 21(1)(b), the word “or” at the end of sub-paragraph (i). Paragraphs 1 and 11 of Schedule 2. Paragraph 98 of Schedule 4.
Serious Organised Crime and Police Act 2005 (c. 15)	Section 99(4). In Schedule 4— a in paragraph 82(2), paragraph (b) and the word “and” at the end of paragraph (b); b paragraphs 169, 176 and 178. In Schedule 5, in paragraph 21(1) and (2), the words “is or”.
Gambling Act 2005 (c. 19)	In Part 2 of Schedule 6, the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service.
Wireless Telegraphy Act 2006 (c. 36)	In Schedule 7, paragraph 38.
Police and Justice Act 2006 (c. 48)	Section 35(2). In section 36, in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18), in subsection (2), paragraph (d) and the word “or” preceding it. Section 38(1). In Schedule 14, paragraphs 19(2) and 29(2).
Tribunals, Courts and Enforcement Act 2007 (c. 15)	In Schedule 13, paragraph 145.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)	In Schedule 1, the words “Assets Recovery Agency”.