Part 5Proceeds of crime

Confiscation

I151Recovery of expenses etc

1

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

2

In section 55 (sums received by designated officer in England and Wales) for subsection (7) substitute—

7

Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

8

The following fall within this subsection—

a

a constable,

b

a person employed by a police authority in England and Wales under section 15 of the Police Act 1996 or a member of staff of the City of London police force,

c

an accredited financial investigator,

d

a member of staff of the Crown Prosecution Service,

e

a member of staff of the Serious Fraud Office,

f

a member of staff of the Revenue and Customs Prosecutions Office,

g

a member of staff of the Commissioners for Her Majesty's Revenue and Customs,

h

a member of staff of SOCA,

i

a member of staff of any government department not mentioned above.

9

It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

10

The reference in subsection (8) 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 203 (sums received by chief clerk in Northern Ireland) for subsection (7) substitute—

7

Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

8

The following fall within this subsection—

a

a constable,

b

a member of staff of the Northern Ireland Policing Board,

c

an accredited financial investigator,

d

a member of staff of the Public Prosecution Service for Northern Ireland,

e

a member of staff of the Serious Fraud Office,

f

a member of staff of a Northern Ireland department,

g

a member of staff of the Commissioners for Her Majesty's Revenue and Customs,

h

a member of staff of SOCA.

9

It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

10

The reference in subsection (8) 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.