SCHEDULES

C1SCHEDULE 8Abolition of SOCA and NPIA

Annotations:
Modifications etc. (not altering text)

C1E1Part 2Minor and consequential amendments and repeals

Annotations:
Extent Information
E1

Sch. Pt. 2: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Proceeds of Crime Act 2002 (c. 29)

I1C1108

The Proceeds of Crime Act 2002 is amended as follows.

I2C1109

In section 2A (contribution to the reduction of crime), in subsections (2)(a) and (3)(a), for “SOCA” substitute “ the National Crime Agency ”.

I3C1110

1

Section 2B (SOCA and members of SOCA's staff) is amended in accordance with this paragraph.

2

For the title substitute “ The National Crime Agency and its officers ”.

3

Omit subsection (1).

4

In subsection (2)—

a

for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

b

for “SOCA” (in each other place) substitute “ that Agency ”.

5

Omit subsection (3).

I4C1111

1

Section 3 (accreditation and training of financial investigators) is amended in accordance with this paragraph.

2

In subsection (1), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

3

In subsection (2), at the end of paragraph (b) insert

, and

c

securing that decisions under that system which concern—

i

the grant or withdrawal of accreditations, or

ii

the monitoring of the performance of accredited financial investigators,

are taken without regard to their effect on operations by the National Crime Agency or any other person.

4

In subsection (7), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

I5C1112

In section 41A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (d) substitute—

d

a National Crime Agency officer,

I6C1113

In section 55 (sums received by designated officer), in subsection (8), for paragraph (h) substitute—

h

a National Crime Agency officer,

I7C1114

In section 72 (serious default in England and Wales), in subsection (9)(ba)—

a

for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

b

for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

I8C1115

In section 120A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (c)—

c

a National Crime Agency officer;

I9C1116

In section 139 (serious default in Scotland), in subsection (9)(ca)—

a

for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

b

for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

I10C1117

In section 190A (restraint orders: power to retain seized property etc — Northern Ireland), in subsection (3), for paragraph (d)—

d

a National Crime Agency officer;

I11C1118

In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for “members of staff of SOCA” substitute “ NCA officers ”.

I12C1119

In section 203 (sums received by chief clerk), in subsection (8), for paragraph (h)—

h

a National Crime Agency officer.

I13C1120

In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

a

for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

b

for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

I14C1121

In section 316 (general interpretation), in subsection (1), in paragraphs (a) and (c) of the definition of “enforcement authority”, for “SOCA” substitute “ the National Crime Agency ”.

I15C1122

1

Section 317 (SOCA's general Revenue functions) is amended in accordance with this paragraph.

2

In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

3

For “SOCA” (in each place) substitute “ the National Crime Agency ”.

I16C1123

In section 318 (revenue functions regarding employment), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

I17C1124

In section 319 (source of income), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

I18C1125

1

Section 321 (SOCA's functions: transfers of value) is amended in accordance with this paragraph.

2

In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

3

For “SOCA” (in each place) substitute “ the National Crime Agency ”.

I19C1126

1

Section 322 (SOCA's functions: certain settlements) is amended in accordance with this paragraph.

2

In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

3

For “SOCA” (in each place) substitute “ the National Crime Agency ”.

I20C1127

In section 324 (exercise of Revenue functions), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

I21C1128

1

In section 325 (declarations), in subsection (2)—

a

for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

b

for “any of SOCA's functions” substitute “ any function of the National Crime Agency ”;

c

for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

I22C1129

In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

I23C1130

In section 331 (failure to disclose: nominated officers in the regulated sector), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

I24C1131

In section 332 (failure to disclose: other nominated officers), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

I25C1132

In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

I26C1133

In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and (4)(a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

I27C1134

In section 339ZA (disclosures to SOCA)—

a

in the title, for “SOCA” substitute “ the NCA ”;

b

for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

I28C1135

In section 340 (interpretation), in subsection (13), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

I29C1136

In section 351 (applications for orders: supplementary), in subsection (5), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

I30C1137

In section 352 (search and seizure warrants), in subsection (5)—

a

in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

b

in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

I31C1138

In section 353 (requirements where production order not available), in subsection (10)—

a

in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

b

in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

I32C1139

In section 357 (disclosure orders), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

I33C1140

In section 362 (supplementary), in subsection (4A), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

I34C1141

In section 369 (supplementary), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

I35C1142

In section 375 (supplementary), in subsection (4), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

I36C1143

In section 377 (code of practice of Secretary of State etc), in subsection (1), for paragraphs (a) and (b) substitute—

a

the Director General of the National Crime Agency;

b

other National Crime Agency officers;

I37C1144

1

Section 378 (officers) is amended in accordance with this paragraph.

2

In subsection (1), for paragraph (a) substitute—

a

a National Crime Agency officer;

3

In subsection (2), for paragraph (a) substitute—

a

a senior National Crime Agency officer;

4

In subsection (3)—

a

in paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

b

in paragraph (b), for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”.

5

In subsection (5), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

6

In subsection (6A), for “a member of SOCA's staff” substitute “ a National Crime Agency officer ”.

7

In subsection (8)—

a

for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”;

b

in paragraph (a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”;

c

in paragraph (b), for “member of SOCA's staff” substitute “ other National Crime Agency officer ”.

I38C1145

In section 416 (other interpretative provisions), in subsection (2), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

I39C1146

In section 438 (disclosure of information by certain directors), in subsection (1)(fa), for “SOCA” substitute “ the National Crime Agency ”.

I40C1147

In section 439 (disclosure of information to Lord Advocate and to Scottish Ministers), in subsection (5)(b), for “SOCA” substitute “ the National Crime Agency ”.

I41C1148

In section 443 (enforcement in different parts of the United Kingdom), in subsection (3), for “SOCA” substitute “ the National Crime Agency or its officers ”.

I42C1149

In section 444 (external requests and orders), in subsection (4), for paragraph (d) substitute—

d

the National Crime Agency;

I43C1150

In section 445 (external investigations), for “SOCA” substitute “ the National Crime Agency or its officers ”.

I44C1151

1

In section 449 (SOCA's staff: pseudonyms) is amended in accordance with this paragraph.

2

In the title, for “SOCA's staff” substitute “ NCA officers ”.

3

In subsection (1)—

a

in the words before paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

b

in paragraph (a), for “by SOCA to do anything” substitute “ to do anything on behalf of the National Crime Agency ”;

c

in paragraph (b), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

4

In subsection (2), for “member of the SOCA's staff” substitute “ National Crime Agency officer ”.

5

In subsections (3) (in each place) and (4), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

6

In subsection (6)—

a

for “a member of SOCA's staff” substitute “ an NCA officer ”;

b

for “SOCA” substitute “ the Director General of the NCA ”.

I45C1152

In Schedule 8 (forms of declarations)—

a

for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

b

for “SOCA” (in the second place) substitute “ that Agency ”;

c

for “its” substitute “that Agency's”.