Criminal Finances Act 2017

Extension of powers

17 Serious Fraud Office

Schedule 1 contains amendments conferring certain powers under the Proceeds of Crime Act 2002 on members of staff of the Serious Fraud Office.

18 Her Majesty’s Revenue and Customs: removal of restrictions

(1) The following provisions, which impose restrictions on the exercise of certain powers conferred on officers of Revenue and Customs, are amended as follows.

(2) In section 23A of the Criminal Law (Consolidation) (Scotland) Act 1995 (investigation of offences by Her Majesty’s Revenue and Customs), omit the following—

(a) in subsection (2), the words “Subject to subsection (3) below,” and the words from “other than” to the end of the subsection;

(b) subsection (3).

(3) In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation), omit the following—

(a) in subsection (1), in paragraph (ba) of the definition of “officer of law”, the words “subject to subsection (1A) below,”;

(b) subsection (1A).

(4) In the Proceeds of Crime Act 2002 omit the following—

(a) in section 289 (searches), subsections (5)(ba) and (5A);

(b) in section 294 (seizure of cash), subsections (2A), (2B) and (2C);

(c) section 375C (restriction on exercise of certain powers conferred on officers of Revenue and Customs);

(d) section 408C (restriction on exercise of certain powers conferred on officers of Revenue and Customs).

(5) In the Finance Act 2007, in section 84 (sections 82 and 83: supplementary), omit subsection (3).

19 Her Majesty’s Revenue and Customs: new powers

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

(2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—

(a) in paragraph (a), before “the National Crime Agency,” insert “Her Majesty’s Revenue and Customs,”;

(b) in paragraph (c), before “the National Crime Agency,” insert “Her Majesty’s Revenue and Customs,”.

(3) In section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8), for subsection (3) substitute—

“(3) In relation to a civil recovery investigation these are appropriate officers—

(a) a National Crime Agency officer;

(b) the relevant Director;

(c) an officer of Revenue and Customs.

(3ZA) In relation to a civil recovery investigation these are senior appropriate officers—

(a) a senior National Crime Agency officer;

(b) the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.”

20 Financial Conduct Authority

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

(2) In section 316 (civil recovery of the proceeds etc of unlawful conduct: general interpretation), in the definition of “enforcement authority” in subsection (1)—

(a) in paragraph (a), after “means” insert “the Financial Conduct Authority,”;

(b) in paragraph (c), after “means” insert “the Financial Conduct Authority,”.

(3) Section 378 (appropriate officers and senior appropriate officers for purposes of investigations under Part 8) is amended in accordance with subsections (4) to (6).

(4) In subsection (3) (as substituted by section 19 above), after paragraph (c) insert—

“(d) a Financial Conduct Authority officer.”

(5) In subsection (3ZA) (as inserted by that section), after paragraph (b) insert—

“(c) a senior Financial Conduct Authority officer.”

(6) After subsection (8) insert—

“(9) For the purposes of this Part—

(a) “Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority;

(b) “senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.”

21 Immigration officers

(1) Section 24 of the UK Borders Act 2007 (seizure of cash) is amended as follows.

(2) For the heading substitute “Exercise of civil recovery powers by immigration officers”.

(3) For subsection (1) substitute—

“(1) Chapters 3 to 3B of Part 5 of the Proceeds of Crime Act 2002 (civil recovery) apply in relation to an immigration officer as they apply in relation to a constable.”

(4) In subsection (2)(a), for “section 289” substitute “sections 289 and 303C and Chapter 3B”.

(5) In subsection (2)(c), for “and 297A” substitute “, 297A and 303E and in Chapter 3B (see section 303Z2(4))”.

(6) In subsection (2)(d), for “section 292” substitute “sections 292 and 303G”.

(7) In subsection (2)(e), for “and 293A” substitute “, 293A, 303H and 303I”.

(8) In subsection (2)(f), in the words before sub-paragraph (i), after “295(2)” insert “or 303L(1)”.

(9) In subsection (2)(f)(ii), after “298” insert “or (as the case may be) 303O”.

(10) In subsection (2)(g), after “298” insert “, 303O or 303Z14”.

(11) In subsection (2)(h), after “302” insert “, 303W or 303Z18”.