The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Delegation of enforcement functions

Performance of functions of Scottish Ministers by constables in Scotland

209.—(1) In Scotland, a constable engaged in temporary service with the Scottish Ministers in connection with their functions under this Part may perform functions, other than those specified in subsection (2), on behalf of the Scottish Ministers.

(2) The specified functions are the functions conferred on the Scottish Ministers by—

(a) articles 144(1) and (2) and 167(1) and (7) (proceedings in the Court of Session),

(b) article 178(2) (trustee for civil recovery),

(c) articles 182(3) and (4) and 183(5) (agreements about associated and joint property),

(d) article 186(3) (pension schemes),

(e) article 193(1) (exemptions),

(f) article 194(5) and (8) (compensation),

(g) article 200(2) (financial threshold).

Restriction on performance of Director’s functions by police

210.—(1) In spite of section 1(6) of the Act, nothing which the Director is authorised or required to do for the purposes of this Part may be done by—

(a) a member of a police force,

(b) a member of the Police Service of Northern Ireland,

(c) a person appointed as a police member of the National Criminal Intelligence Service under section 9(1)(b) of the Police Act 1997(1),

(d) a person appointed as a police member of the National Crime Squad under section 55(1)(b) of that Act.

(2) In this article—

(a) “member of a police force” has the same meaning as in the Police Act 1996(2) and includes a person who would be a member of a police force but for section 97(3) of that Act (police officers engaged on service outside their force),

(b) “member of the Police Service of Northern Ireland” includes a person who would be a member of the Police Service of Northern Ireland but for section 27(3) of the Police (Northern Ireland) Act 1998(3) (members of that service engaged on other police service).

(1)

1997 c. 50; sections 9 and 55 are prospectively repealed by Schedule 17 to the Serious Organised Crime and Police Act 2005.

(2)

1996 c. 16.

(3)

1998 c. 32.