PART 2Terrorist property

Counter-terrorism financial investigators

I1I241Extension of powers to financial investigators

1

The Terrorism Act 2000 is amended in accordance with subsections (2) to (5).

2

After section 63E insert—

Counter-terrorism financial investigators

63FCounter-terrorism financial investigators

1

The metropolitan police force must provide a system for the accreditation of financial investigators (“counter-terrorism financial investigators”).

2

The system of accreditation must include provision for—

a

the monitoring of the performance of counter-terrorism financial investigators,

b

the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he or she was accredited, 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 counter-terrorism financial investigators,

are taken without regard to their effect on operations by the metropolitan police force or any other person.

3

A person may be accredited if he or she is—

a

a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011;

b

a member of staff of the City of London police force;

c

a member of staff of the Police Service of Northern Ireland.

4

A person may be accredited—

a

in relation to this Act;

b

in relation to the Anti-terrorism, Crime and Security Act 2001;

c

in relation to particular provisions of this Act or of the Anti-terrorism, Crime and Security Act 2001.

5

But the accreditation may be limited to specified purposes.

6

A reference in this Act or in the Anti-terrorism, Crime and Security Act 2001 to a counter-terrorism financial investigator is to be construed accordingly.

7

The metropolitan police force must make provision for the training of persons in—

a

financial investigation,

b

the operation of this Act, and

c

the operation of the Anti-terrorism, Crime and Security Act 2001.

3

In Part 1 of Schedule 5 (terrorist investigations: information: England and Wales and Northern Ireland)—

a

in paragraph 5—

i

in sub-paragraph (1) for “A constable” substitute “ An appropriate officer ”;

ii

after sub-paragraph (1) insert—

1A

Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.

iii

in sub-paragraph (3)(a) for “a constable” substitute “ an appropriate officer ”;

iv

in sub-paragraph (3)(b) for “a constable” substitute “ an appropriate officer ”;

v

after sub-paragraph (5) insert—

6

“Appropriate officer” means—

a

a constable, or

b

a counter-terrorism financial investigator.

b

in paragraph 6 after sub-paragraph (3) insert—

4

In the case of an order sought by a counter-terrorism financial investigator, the first condition is satisfied only to the extent that the terrorist investigation mentioned in sub-paragraph (2)(a) and (b) relates to terrorist property.

c

in paragraph 7(2)(a) for “constable” substitute “ appropriate officer (as defined in paragraph 5(6)) ”;

d

in paragraph 13 after sub-paragraph (1) insert—

1A

A counter-terrorism financial investigator may apply to a Circuit Judge or a District Judge (Magistrates' Courts) for an order under this paragraph requiring any person specified in the order to provide an explanation of any material produced or made available to a counter-terrorism financial investigator under paragraph 5.

4

In paragraph 1 of Schedule 6 (financial information orders)—

a

in sub-paragraph (1) after “constable” insert “ or counter-terrorism financial investigator ”;

b

in sub-paragraph (2)(a) after “constable” insert “ or counter-terrorism financial investigator ”.

5

In Schedule 6A (account monitoring orders)—

a

in paragraph 1 after sub-paragraph (4)(a) insert—

aa

a counter-terrorism financial investigator, in England and Wales or Northern Ireland;

b

after paragraph 3(3) insert—

4

If the application was made by a counter-terrorism financial investigator, the description of information specified in it may be varied by a different counter-terrorism financial investigator.

c

after paragraph 4(2) insert—

2A

If the application for the account monitoring order was made by a counter-terrorism financial investigator, an application to discharge or vary the order may be made by a different counter-terrorism financial investigator.

6

In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash)—

a

after paragraph 10(7) insert—

7A

If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—

a

in the case of a counter-terrorism financial investigator who was—

i

a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

ii

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 a counter-terrorism financial 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 of the Police Service of Northern Ireland.

b

in paragraph 19(1)—

i

in the definition of “authorised officer”, after “constable” insert “ , a counter-terrorism financial investigator ”;

ii

at the appropriate place insert—

“counter-terrorism financial investigator” is to be read in accordance with section 63F of the Terrorism Act 2000,