The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015 (S.I. 2015/1853) (“the 2015 Order”).

Section 3 of the Proceeds of Crime Act 2002 (c. 29) (“POCA”) provides that the National Crime Agency can train and accredit financial investigators in the use of certain powers within POCA. These are known as accredited financial investigators (“AFIs”).

Section 453 of POCA provides the Secretary of State with a power to provide by Order that a specified reference in POCA to an AFI is a reference to an AFI of a specified description as set out in the Order. The 2015 Order was made under section 453 and describes AFIs referred to in POCA by reference to their being a member of staff of a particular department or body. The 2015 Order also describes AFIs who can exercise certain powers in POCA by reference to the AFI having attained a minimum post grading.

Article 2(2) amends the Schedule to the 2015 Order to provide that an AFI for the purposes of Chapter 3 of Part 5 of POCA (other than the second reference in section 290(4)(c) and the reference in section 297A(6)(c)) includes a member of staff of the Ministry of Justice.

Article 2(3) amends the Schedule to the 2015 Order to provide that a senior officer who is an AFI referred to in section 297A(6) of POCA includes a member of staff of the Ministry of Justice at grade 7 or above.

Article 2(4) amends the Schedule to the 2015 Order to provide that an enforcement officer who is an AFI referred to in section 303Z1(6)(d) of POCA and a specified person who is an AFI referred to in section 303Z14(3)(d) of POCA includes a member of staff of the Ministry of Justice.

Article 2(5) amends the Schedule to the 2015 Order to provide that a senior officer who is an AFI referred to in section 303Z2(4)(e) of POCA includes a member of staff of the Ministry of Justice at grade 7 or above.

Article 2(6) amends the Schedule to the 2015 Order to provide that a senior officer who is an AFI referred to in section 336D(7)(h) of POCA includes a member of staff of the Ministry of Justice at grade 7 or above.

Article 2(7) to (14) amends the Schedule to the 2015 Order to provide that appropriate officers who are AFIs referred to in sections 378(1)(b), 378(3A)(ab), 378(3E)(c) and 378(4)(a) of POCA include members of staff of the Ministry of Justice. These articles also provide that senior appropriate officers who are AFIs referred to in sections 378(2)(d), (3AA)(b), (3F)(c) and (6)(c) of POCA include members of staff of the Ministry of Justice at grade 7 or above.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.