2021 No. 640

Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland

The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021

Made

Laid before Parliament

Coming into force

The Secretary of State makes this Order in exercise of the powers conferred by sections 453(1) and (2) and 459(2) of the Proceeds of Crime Act 20021.

Citation, commencement and extent1

1

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021.

2

It comes into force on 28th June 2021.

3

It extends to England and Wales and Northern Ireland, apart from—

a

Part 1 of Schedule 1, which extends to England and Wales,

b

Part 2 of Schedule 1, which extends to Northern Ireland, and

c

in relation to the revocations made by article 4 and Schedule 2, which have the same extent as the instruments revoked.

Interpretation2

1

In this Order—

  • the “2002 Act” means the Proceeds of Crime Act 2002;

  • “local authority” means—

    1. a

      in England—

      1. i

        a county council,

      2. ii

        a district council,

      3. iii

        a London borough council,

      4. iv

        the Common Council of the City of London in its capacity as a local authority,

      5. v

        the Council of the Isles of Scilly, or

      6. vi

        a parish council;

    2. b

      in Wales—

      1. i

        a county council,

      2. ii

        a community council, or

      3. iii

        a county borough council;

  • the “NHS Counter Fraud Authority” means the NHS Counter Fraud Authority established as a special health authority under section 28 of the National Health Service Act 20062;

  • the “Post Office” means the company Post Office Limited (registered number 2154540);

  • “relevant training” means training on the role of an accredited financial investigator from the National Crime Agency, the Assets Recovery Agency or the National Policing Improvement Agency;

    the “Royal Mail” means the company Royal Mail Group Limited (registered number 4138203);

  • “Velindre National Health Service Trust” means the NHS trust established by the Velindre National Health Service Trust (Establishment) Order 19933.

2

A reference in this Order to a member of staff of a government department (whether of the United Kingdom or of Northern Ireland) includes a reference to a member of staff of any executive agency of the department in question.

3

In relation to paragraph (2), where the reference in the Order is to a member of staff of the department at or above a particular grade, the reference to a member of staff at an executive agency included by virtue of paragraph (2) is to a member of staff at or above the same grade or a grade equivalent to that grade.

References to accredited financial investigators3

A reference to an accredited financial investigator in a provision of the 2002 Act specified in column 1 of each table in Schedule 1 is a reference to an accredited financial investigator who falls within the corresponding description in column 2 of the table in question.

Revocation4

The instruments listed in Schedule 2 are revoked.

Williams of TraffordMinister of StateHome Office

SCHEDULE 1References to Accredited Financial Investigators

Article 3

PART 1References in Part 2 of the 2002 Act (Confiscation: England and Wales)

Table 1

Column 1

Provision of 2002 Act

Column 2

Description of accredited financial investigator

Section 42(2)(c)

(applications for restraint orders)

An accredited financial investigator who is—

a

a constable of a police force in England and Wales;

b

a National Crime Agency officer;

c

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department for Business, Energy and Industrial Strategy;

iii

the Department for Environment, Food and Rural Affairs;

iv

the Department for Health and Social Care;

v

the Department for Transport;

vi

the Department for Work and Pensions;

vii

the Environment Agency;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gambling Commission;

xi

the Gangmasters and Labour Abuse Authority;

xii

the Home Office;

xiii

the Information Commissioner’s Office;

xiv

a local authority;

xv

the London Fire Commissioner;

xvi

the Marine Management Organisation;

xvii

the Ministry of Defence;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

the NHS Counter Fraud Authority;

xx

the Pensions Regulator;

xxi

a police force in England and Wales (other than a constable);

xxii

the Post Office;

xxiii

the Prudential Regulation Authority;

xxiv

the Royal Mail;

xxv

the Security Industry Authority;

xxvi

the Serious Fraud Office;

xxvii

Transport for London;

xxviii

Velindre National Health Service Trust.

Section 47A(1)(c)4

Section 47M(3)(c)5

(search and seizure powers: general)

An accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Financial Conduct Authority;

ii

a police force in England and Wales (other than a constable);

iii

a local authority.

Section 47G(3)(c)6

(search and seizure powers: appropriate approval)

An accredited financial investigator who is a member of staff of—

a

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

b

a local authority and has received relevant training.

Section 68(3)(c)7

(authorisation for applications and appeals under Part 2)

An accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 2;

b

a member of staff of—

i

the Competition and Markets Authority and is at or above grade 7;

ii

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

iii

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

iv

the Department for Health and Social Care and is at or above grade 7;

v

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

vi

the Department for Work and Pensions and is at or above the grade of senior executive officer;

vii

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

viii

the Financial Conduct Authority and is—

aa

at or above the grade of Manager, or

bb

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

ix

the Food Standards Agency and is at or above grade 7;

x

the Gambling Commission and is at or above the grade of Head of Enforcement;

xi

the Gangmasters and Labour Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

xii

the Home Office and is at or above the grade of senior executive officer;

xiii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiv

a local authority and has received relevant training;

xv

the London Fire Commissioner and is at or above the grade of grade 6 manager;

xvi

the Marine Management Organisation and is at or above the grade of senior executive officer;

xvii

the Ministry of Defence and is at or above the grade B2;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

xix

the NHS Counter Fraud Authority and is at or above grade 8C;

xx

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xxi

the Pensions Regulator and is at or above the grade of Regulatory Manager;

xxii

the Post Office and is at or above the grade of broadband 3;

xxiii

the Prudential Regulation Authority and is at or above the grade of Manager;

xxiv

the Royal Mail and is at or above the grade of broadband 3;

xxv

the Security Industry Authority and is at or above the grade of Investigations Manager;

xxvi

the Serious Fraud Office and is at or above grade 7;

xxvii

Transport for London and is at or above the grade of Senior Management Level;

xxviii

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

PART 2References in Part 4 of the 2002 Act (Confiscation: Northern Ireland)

Table 2

Column 1

Provision of 2002 Act

Column 2

Description of accredited financial investigator

Section 191(2)(c)

(application for restraint orders)

An accredited financial investigator who is—

a

a constable of the Police Service of Northern Ireland;

b

a National Crime Agency officer;

c

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

iii

the Department for Communities (of Northern Ireland);

iv

the Department for the Economy (of Northern Ireland);

v

the Department for Environment, Food and Rural Affairs;

vi

the Department for Health and Social Care;

vii

the Department for Infrastructure (of Northern Ireland);

viii

the Department for Transport;

ix

the Financial Conduct Authority;

x

the Food Standards Agency;

xi

the Gangmasters and Labour Abuse Authority;

xii

the Home Office;

xiii

the Ministry of Defence;

xiv

the Pensions Regulator;

xv

the Police Service of Northern Ireland (other than a constable);

xvi

the Post Office;

xvii

the Prudential Regulation Authority;

xviii

the Royal Mail;

xix

the Security Industry Authority;

xx

the Serious Fraud Office.

Section 195A(1)(c)8

(search and seizure powers: general)

An accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Financial Conduct Authority;

iii

the Police Service of Northern Ireland (other than a constable).

Section 195G(3)(c)9

(search and seizure powers: appropriate approval)

An accredited financial investigator who is a member of staff of—

a

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

b

the Financial Conduct Authority and is at or above the grade of Manager.

Section 195M(3)(c)10

(further detention in other cases: applications)

An accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Financial Conduct Authority;

iii

the Police Service of Northern Ireland (other than a constable).

Section 216(3)(c)

(authorisation for applications and appeals under Part 2)

An accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 2;

b

a member of staff of—

i

the Competition and Markets Authority and is at or above grade 7;

ii

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

iii

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

iv

the Department of the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

v

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

vi

the Department for Health and Social Care and is at or above grade 7;

vii

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

viii

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

ix

the Financial Conduct Authority and is at or above the grade of Manager;

x

the Food Standards Agency and is at or above grade 7;

xi

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xii

the Home Office and is at or above the grade of senior executive officer;

xiii

the Ministry of Defence and is at or above the grade B2;

xiv

the Pensions Regulator and is at or above the grade of Regulatory Manager;

xv

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xvi

the Post Office and is at or above the grade of broadband 3;

xvii

the Prudential Regulation Authority and is at or above the grade of Manager;

xviii

the Royal Mail and is at or above the grade of broadband 3;

xix

the Security Industry Authority and is at or above the grade of Investigations Manager;

xx

the Serious Fraud Office and is at or above grade 7.

PART 3References in Part 5 of the 2002 Act (Civil Recovery of the Proceeds etc. of Unlawful Conduct) (England and Wales and Northern Ireland)

Table 3

Column 1

Provision of 2002 Act

Column 2

Description of accredited financial investigator

Chapter 3 of Part 5, other than—

a

the second reference in section 290(4)(c)11;

b

the reference in section 297A(6)(c)12.

(recovery of cash in summary proceedings)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 290(4)(c)

(prior approval by senior officer for search of cash under Part 5, Chapter 3)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

b

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

c

the Department for Health and Social Care and is at or above grade 7;

d

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

e

the Department for Work and Pensions and is at or above the grade of senior executive officer;

f

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

g

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

h

the Food Standards Agency and is at or above grade 7;

i

the Gambling Commission and is at or above the grade of Head of Enforcement;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

a local authority and has received relevant training;

n

the London Fire Commissioner and is at or above the grade of grade 6 manager;

o

the Marine Management Organisation and is at or above the grade of senior executive officer;

p

the Ministry of Defence and is at or above grade B2;

q

the Ministry of Justice and is at or above grade 7;

r

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

s

the Post Office and is at or above the grade of broadband 3;

t

the Prudential Regulation Authority and is at or above the grade of Manager;

u

the Royal Mail and is at or above the grade of broadband 3;

v

Transport for London and is at or above the grade of Senior Management Level;

w

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

b

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

c

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

d

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

e

the Department for Health and Social Care and is at or above grade 7;

f

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

g

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

h

the Financial Conduct Authority and is at or above the grade of Manager;

i

the Food Standards Agency and is at or above grade 7;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

the Ministry of Defence and is at or above grade B2;

n

the Post Office and is at or above the grade of broadband 3;

o

the Prudential Regulation Authority and is at or above the grade of Manager;

p

the Royal Mail and is at or above the grade of broadband 3.

Section 297A(6)(c)

(forfeiture notice: senior officer)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

b

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

c

the Department for Health and Social Care and is at or above grade 7;

d

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

e

the Department for Work and Pensions and is at or above the grade of senior executive officer;

f

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

g

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

h

the Food Standards Agency and is at or above grade 7;

i

the Gambling Commission and is at or above the grade of Head of Enforcement;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

a local authority and has received relevant training;

m

the London Fire Commissioner and is at or above the grade of grade 6 manager;

n

the Marine Management Organisation and is at or above the grade of senior executive officer;

o

the Ministry of Defence and is at or above grade B2;

p

the Ministry of Justice and is at or above grade 7;

q

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

r

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

s

the Post Office and is at or above the grade of broadband 3;

t

the Prudential Regulation Authority and is at or above the grade of Manager;

u

the Royal Mail and is at or above the grade of broadband 3;

v

Transport for London and is at or above the grade of Senior Management Level;

w

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

b

the Department for Health and Social Care and is at or above grade 7;

c

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

d

the Financial Conduct Authority and is at or above the grade of Manager;

e

the Food Standards Agency and is at or above grade 7;

f

the Gangmasters and Labour Abuse Authority and at or above the grade of Enforcement Manager;

g

the Home Office and is at or above the grade of senior executive officer;

h

the Ministry of Defence and is at or above grade B2;

i

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

j

the Post Office and is at or above the grade of broadband 3;

k

the Prudential Regulation Authority and is at or above the grade of Manager;

l

the Royal Mail and is at or above the grade of broadband 3.

Section 303C(9)(d)

Section 303L(5)(d)

Section 303O(2)(d)13

(recovery of listed assets under Part 5, Chapter 3A: general)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 303E(4)(f)14

(recovery of listed assets under Part 5, Chapter 3A: senior officers)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

b

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

c

the Department for Health and Social Care and is at or above grade 7;

d

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

e

the Department for Work and Pensions and is at or above the grade of senior executive officer;

f

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

g

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

h

the Food Standards Agency and is at or above grade 7;

i

the Gambling Commission and is at or above the grade of Head of Enforcement;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

a local authority and has received relevant training;

n

the London Fire Commissioner and is at or above the grade of grade 6 manager;

o

the Marine Management Organisation and is at or above the grade of senior executive officer;

p

the Ministry of Defence and is at or above grade B2;

q

the Ministry of Justice and is at or above grade 7;

r

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

s

the Post Office and is at or above the grade of broadband 3;

t

the Prudential Regulation Authority and is at or above the grade of Manager;

u

the Royal Mail and is at or above the grade of broadband 3;

v

Transport for London and is at or above the grade of Senior Management Level;

w

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

b

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

c

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

d

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

e

the Department for Health and Social Care and is at or above grade 7;

f

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

g

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

h

the Financial Conduct Authority and is at or above the grade of Manager;

i

the Food Standards Agency and is at or above grade 7;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

the Ministry of Defence and is at or above grade B2;

n

the Post Office and is at or above the grade of broadband 3;

o

the Prudential Regulation Authority and is at or above the grade of Manager;

p

the Royal Mail and is at or above the grade of broadband 3.

Section 303Z1(6), in sub-paragraph (d) of the definition of “enforcement officer”15

Section 303Z14(3)(d)16

(freezing and forfeiture of money in accounts under Part 5, Chapter 3B: general)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 303Z2(4)(e)17

(freezing of money in accounts under Part 5, Chapter 3B: senior officers)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

b

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

c

the Department for Health and Social Care and is at or above grade 7;

d

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

e

the Department for Work and Pensions and is at or above the grade of senior executive officer;

f

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

g

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

h

the Food Standards Agency and is at or above grade 7;

i

the Gambling Commission and is at or above the grade of Head of Enforcement;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

a local authority and has received relevant training;

n

the London Fire Commissioner and is at or above the grade of grade 6 manager;

o

the Marine Management Organisation and is at or above the grade of senior executive officer;

p

the Ministry of Defence and is at or above grade B2;

q

the Ministry of Justice and is at or above grade 7;

r

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

s

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

t

the Post Office and is at or above the grade of broadband 3;

u

the Prudential Regulation Authority and is at or above the grade of Manager;

v

the Royal Mail and is at or above the grade of broadband 3;

w

Transport for London and is at or above the grade of Senior Management Level;

x

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

b

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

c

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

d

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

e

the Department for Health and Social Care and is at or above grade 7;

f

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

g

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

h

the Financial Conduct Authority and is at or above the grade of Manager;

i

the Food Standards Agency and is at or above grade 7;

j

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

k

the Home Office and is at or above the grade of senior executive officer;

l

the Information Commissioner’s Office and is at or above the grade of Head of Department;

m

the Ministry of Defence and is at or above grade B2;

n

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

o

the Post Office and is at or above the grade of broadband 3;

p

the Prudential Regulation Authority and is at or above the grade of Manager;

q

the Royal Mail and is at or above the grade of broadband 3.

PART 4Reference in Part 7 of the 2002 Act (Money Laundering) (England and Wales and Northern Ireland)

Table 4

Column 1

Provision of 2002 Act

Column 2

Description of accredited financial investigator

Section 336D(7)(h)18

(senior officer for the purposes of section 336A (application to the court to extend the moratorium period))

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority and is at or above grade 7;

b

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

c

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

d

the Department for Health and Social Care and is at or above grade 7;

e

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

f

the Department for Work and Pensions and is at or above grade 7;

g

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

h

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

i

the Food Standards Agency and is at or above grade 7;

j

the Gambling Commission and is at or above the grade of Head of Enforcement;

k

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

l

the Home Office and is at or above the grade of senior executive officer;

m

the Information Commissioner’s Office and is at or above the grade of Head of Department;

n

a local authority and has received relevant training;

o

the Marine Management Organisation and is at or above the grade of senior executive officer;

p

the Ministry of Defence and is at or above grade B2;

q

the Ministry of Justice and is at or above grade 7;

r

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

s

the NHS Counter Fraud Authority and is at or above grade 8C;

t

the Pensions Regulator and is at or above the grade of Regulatory Manager;

u

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

v

the Post Office and is at or above the grade of broadband 3;

w

the Prudential Regulation Authority and is at or above the grade of Manager;

x

the Royal Mail and is at or above the grade of broadband 3;

y

Transport for London and is at or above the grade of Senior Management Level;

z

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority and is at or above grade 7;

b

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

c

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

d

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

e

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

f

the Department for Health and Social Care and is at or above grade 7;

g

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

h

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

i

the Financial Conduct Authority and is at or above the grade of Manager;

j

the Food Standards Agency and is at or above grade 7;

k

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

l

the Home Office and is at or above the grade of senior executive officer;

m

the Information Commissioner’s Office and is at or above the grade of Head of Department;

n

the Ministry of Defence and is at or above grade B2;

o

the Pensions Regulator and is at or above the grade of Regulatory Manager;

p

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

q

the Post Office and is at or above the grade of broadband 3;

r

the Prudential Regulation Authority and is at or above the grade of Manager;

s

the Royal Mail and is at or above the grade of broadband 3.

PART 5References in Chapter 2 of Part 8 of the 2002 Act (Investigations: England and Wales and Northern Ireland)

Table 5

Column 1

Provision of 2002 Act

Column 2

Description of accredited financial investigator

Section 352(5)(c), (ca) and (cb)19

Section 353(10)(c), (ca) and (cb)20

(search and seizure warrants)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department for Business, Energy and Industrial Strategy;

iii

the Department for Environment, Food and Rural Affairs;

iv

the Department for Health and Social Care;

v

the Department for Transport;

vi

the Department for Work and Pensions;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Pensions Regulator;

xviii

a police force in England and Wales (other than a constable);

xix

the Post Office;

xx

the Prudential Regulation Authority;

xxi

the Royal Mail;

xxii

the Security Industry Authority;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

iii

the Department for Communities (of Northern Ireland);

iv

the Department for the Economy (of Northern Ireland);

v

the Department for Environment, Food and Rural Affairs;

vi

the Department for Health and Social Care;

vii

the Department for Infrastructure (of Northern Ireland);

viii

the Department for Transport;

ix

the Financial Conduct Authority;

x

the Food Standards Agency;

xi

the Gangmasters and Labour Abuse Authority;

xii

the Home Office;

xiii

the Information Commissioner’s Office;

xiv

the Ministry of Defence;

xv

the Pensions Regulator;

xvi

the Police Service of Northern Ireland (other than a constable);

xvii

the Post Office;

xviii

the Prudential Regulation Authority;

xix

the Royal Mail;

xx

the Security Industry Authority.

Section 378(1)(b)

(confiscation investigations: appropriate officers)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority;

b

the Department for Business, Energy and Industrial Strategy;

c

the Department for Environment, Food and Rural Affairs;

d

the Department for Health and Social Care;

e

the Department for Transport;

f

the Department for Work and Pensions;

g

the Environment Agency;

h

the Financial Conduct Authority;

i

the Food Standards Agency;

j

the Gambling Commission;

k

the Gangmasters and Labour Abuse Authority;

l

the Home Office;

m

the Information Commissioner’s Office;

n

a local authority;

o

the London Fire Commissioner;

p

the Marine Management Organisation;

q

the Ministry of Defence;

r

the Ministry of Justice;

s

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

t

the NHS Counter Fraud Authority;

u

the Pensions Regulator;

v

a police force in England and Wales (other than a constable);

w

the Post Office;

x

the Prudential Regulation Authority;

y

the Royal Mail;

z

the Security Industry Authority;

aa

Transport for London;

bb

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority;

b

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

c

the Department for Communities (of Northern Ireland);

d

the Department for the Economy (of Northern Ireland);

e

the Department for Environment, Food and Rural Affairs;

f

the Department for Health and Social Care;

g

the Department for Infrastructure (of Northern Ireland);

h

the Department for Transport;

i

the Financial Conduct Authority;

j

the Food Standards Agency;

k

the Gangmasters and Labour Abuse Authority;

l

the Home Office;

m

the Information Commissioner’s Office;

n

the Ministry of Defence;

o

the Pensions Regulator;

p

the Police Service of Northern Ireland (other than a constable);

q

the Post Office;

r

the Prudential Regulation Authority;

s

the Royal Mail;

t

the Security Industry Authority.

Section 378(2)(d)21

(confiscation investigations: senior appropriate officers)

In relation to England and Wales, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority and is at or above grade 7;

b

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

c

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

d

the Department for Health and Social Care and is at or above grade 7;

e

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

f

the Department for Work and Pensions and is at or above the grade of senior executive officer;

g

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

h

the Financial Conduct Authority and is—

i

at or above the grade of Manager, or

ii

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

i

the Food Standards Agency and is at or above grade 7;

j

the Gambling Commission and is at or above the grade of Head of Enforcement;

k

the Gangmasters and Labour Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

l

the Home Office and is at or above the grade of senior executive officer;

m

the Information Commissioner’s Office and is at or above the grade of Head of Department;

n

a local authority and has received relevant training;

o

the London Fire Commissioner and is at or above the grade of grade 6 manager;

p

the Marine Management Organisation and is at or above the grade of senior executive officer;

q

the Ministry of Defence and is at or above grade B2;

r

the Ministry of Justice and is at or above grade 7;

s

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

t

the NHS Counter Fraud Authority and is at or above grade 8C;

u

the Pensions Regulator and is at or above the grade of Regulatory Manager;

v

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

w

the Post Office and is at or above the grade of broadband 3;

x

the Prudential Regulation Authority and is at or above the grade of Manager;

y

the Royal Mail and is at or above the grade of broadband 3;

z

the Security Industry Authority and at or above the grade of Investigations Manager;

aa

Transport for London and is at or above the grade of Senior Management Level;

bb

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—

a

the Competition and Markets Authority and is at or above grade 7;

b

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

c

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

d

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

e

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

f

the Department for Health and Social Care and is at or above grade 7;

g

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

h

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

i

the Financial Conduct Authority and is at or above the grade of Manager;

j

the Food Standards Agency and is at or above grade 7;

k

the Gangmasters and Labour Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

l

the Home Office and is at or above the grade of senior executive officer;

m

the Information Commissioner’s Office and is at or above the grade of Head of Department;

n

the Ministry of Defence and is at or above grade B2;

o

the Pensions Regulator and is at or above the grade of Regulatory Manager;

p

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

q

the Post Office and is at or above the grade of broadband 3;

r

the Prudential Regulation Authority and is at or above the grade of Manager;

s

the Royal Mail and is at or above the grade of broadband 3;

t

the Security Industry Authority and is at or above the grade of Investigations Manager.

Section 378(3A)(ab)22

(detained cash investigations: appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 378(3AA)(b)23

(detained cash investigations: senior appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

ii

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

iii

the Department for Health and Social Care and is at or above grade 7;

iv

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

v

the Department for Work and Pensions and is at or above grade 7;

vi

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

vii

the Financial Conduct Authority and is—

aa

at or above the grade of Manager, or

bb

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

viii

the Food Standards Agency and is at or above grade 7;

ix

the Gambling Commission and is at or above the grade of Head of Enforcement;

x

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

a local authority and has received relevant training;

xiv

the London Fire Commissioner and is at or above the grade of grade 6 manager;

xv

the Marine Management Organisation and is at or above the grade of senior executive officer;

xvi

the Ministry of Defence and is at or above grade B2;

xvii

the Ministry of Justice and is at or above grade 7;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

xix

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xx

the Post Office and is at or above the grade of broadband 3;

xxi

the Prudential Regulation Authority and is at or above the grade of Manager;

xxii

the Royal Mail and is at or above the grade of broadband 3;

xxiii

Transport for London and is at or above the grade of Senior Management Level;

xxiv

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

ii

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

iii

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

iv

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

v

the Department for Health and Social Care and is at or above grade 7;

vi

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

vii

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

viii

the Financial Conduct Authority and is at or above the grade of Manager;

ix

the Food Standards Agency and is at or above grade 7;

x

the Gangmasters and Labour Abuse Authority of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

the Ministry of Defence and is at or above grade B2;

xiv

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xv

the Post Office and is at or above the grade of broadband 3;

xvi

the Prudential Regulation Authority and is at or above the grade of Manager;

xvii

the Royal Mail and is at or above the grade of broadband 3.

Section 378(3C)(c)24

(detained property investigations: appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 378(3D)(c)25

(detained property investigations: senior appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

ii

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

iii

the Department for Health and Social Care and is at or above grade 7;

iv

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

v

the Department for Work and Pensions and is at or above grade 7;

vi

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

vii

the Financial Conduct Authority and is—

aa

at or above the grade of Manager, or

bb

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

viii

the Food Standards Agency and is at or above grade 7;

ix

the Gambling Commission and is at or above the grade of Head of Enforcement;

x

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

a local authority and has received relevant training;

xiv

the London Fire Commissioner and is at or above the grade of grade 6 manager;

xv

the Marine Management Organisation and is at or above the grade of senior executive officer;

xvi

the Ministry of Defence and is at or above grade B2;

xvii

the Ministry of Justice and is at or above grade 7;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

xix

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xx

the Post Office and is at or above the grade of broadband 3;

xxi

the Prudential Regulation Authority and is at or above the grade of Manager;

xxii

the Royal Mail and is at or above the grade of broadband 3;

xxiii

Transport for London and is at or above the grade of Senior Management Level;

xxiv

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

ii

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

iii

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

iv

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

v

the Department for Health and Social Care and is at or above grade 7;

vi

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

vii

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

viii

the Financial Conduct Authority and is at or above the grade of Manager;

ix

the Food Standards Agency and is at or above grade 7;

x

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

the Ministry of Defence and is at or above grade B2;

xiv

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xv

the Post Office and is at or above the grade of broadband 3;

xvi

the Prudential Regulation Authority and is at or above the grade of Manager;

xvii

the Royal Mail and is at or above the grade of broadband 3.

Section 378(3E)(c)26

(frozen funds investigations: appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy;

ii

the Department for Environment, Food and Rural Affairs;

iii

the Department for Health and Social Care;

iv

the Department for Transport;

v

the Department for Work and Pensions;

vi

the Environment Agency;

vii

the Financial Conduct Authority;

viii

the Food Standards Agency;

ix

the Gambling Commission;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

a local authority;

xiv

the London Fire Commissioner;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

a police force in England and Wales (other than a constable);

xx

the Post Office;

xxi

the Prudential Regulation Authority;

xxii

the Royal Mail;

xxiii

Transport for London;

xxiv

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of —

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

ii

the Department for Communities (of Northern Ireland);

iii

the Department for the Economy (of Northern Ireland);

iv

the Department for Environment, Food and Rural Affairs;

v

the Department for Health and Social Care;

vi

the Department for Infrastructure (of Northern Ireland);

vii

the Department for Transport;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gangmasters and Labour Abuse Authority;

xi

the Home Office;

xii

the Information Commissioner’s Office;

xiii

the Ministry of Defence;

xiv

the Police Service of Northern Ireland (other than a constable);

xv

the Post Office;

xvi

the Prudential Regulation Authority;

xvii

the Royal Mail.

Section 378(3F)(c)27

(frozen funds investigations: senior appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

ii

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

iii

the Department for Health and Social Care and is at or above grade 7;

iv

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

v

the Department for Work and Pensions and is at or above the grade of senior executive officer;

vi

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

vii

the Financial Conduct Authority and is—

aa

at or above the grade of Manager, or

bb

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

viii

the Food Standards Agency and is at or above grade 7;

ix

the Gambling Commission and is at or above the grade of Head of Enforcement;

x

the Gangmasters and Labour Abuse Authority and is at or above the grade and is at or above the grade of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

a local authority and has received relevant training;

xiv

the London Fire Commissioner and is at or above the grade of grade 6 manager;

xv

the Marine Management Organisation and is at or above the grade of senior executive officer;

xvi

the Ministry of Defence and is at or above grade B2;

xvii

the Ministry of Justice and is at or above grade 7;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

xix

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xx

the Post Office and is at or above the grade of broadband 3;

xxi

the Prudential Regulation Authority and is at or above the grade of Manager;

xxii

the Royal Mail and is at or above the grade of broadband 3;

xxiii

Transport for London and is at or above the grade of Senior Management Level;

xxiv

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 3;

b

a member of staff of—

i

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

ii

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

iii

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

iv

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

v

the Department for Health and Social Care and is at or above grade 7;

vi

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

vii

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

viii

the Financial Conduct Authority and is at or above the grade of Manager;

ix

the Food Standards Agency and is at or above grade 7;

x

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xi

the Home Office and is at or above the grade of senior executive officer;

xii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiii

the Ministry of Defence and is at or above grade B2;

xiv

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xv

the Post Office and is at or above the grade of broadband 3;

xvi

the Prudential Regulation Authority and is at or above the grade of Manager;

xvii

the Royal Mail and is at or above the grade of broadband 3.

Section 378(4)(a)

(money laundering investigations: appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department for Business, Energy and Industrial Strategy;

iii

the Department for Environment, Food and Rural Affairs;

iv

the Department for Health and Social Care;

v

the Department for Transport;

vi

the Department for Work and Pensions;

vii

the Environment Agency;

viii

the Financial Conduct Authority;

ix

the Food Standards Agency;

x

the Gambling Commission;

xi

the Gangmasters and Labour Abuse Authority;

xii

the Home Office;

xiii

the Information Commissioner’s Office;

xiv

a local authority;

xv

the Marine Management Organisation;

xvi

the Ministry of Defence;

xvii

the Ministry of Justice;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

xix

the NHS Counter Fraud Authority;

xx

the Pensions Regulator;

xxi

a police force in England and Wales (other than a constable);

xxii

the Post Office;

xxiii

the Prudential Regulation Authority;

xxiv

the Royal Mail;

xxv

Transport for London;

xxvi

Velindre National Health Service Trust.

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer;

b

a member of staff of—

i

the Competition and Markets Authority;

ii

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);

iii

the Department for Communities (of Northern Ireland);

iv

the Department for the Economy (of Northern Ireland);

v

the Department for Environment, Food and Rural Affairs;

vi

the Department for Health and Social Care;

vii

the Department for Infrastructure (of Northern Ireland);

viii

the Department for Transport;

ix

the Financial Conduct Authority;

x

the Food Standards Agency;

xi

the Gangmasters and Labour Abuse Authority;

xii

the Home Office;

xiii

the Information Commissioner’s Office;

xiv

the Ministry of Defence;

xv

the Pensions Regulator;

xvi

the Police Service of Northern Ireland (other than a constable);

xvii

the Post Office;

xviii

the Prudential Regulation Authority;

xix

the Royal Mail.

Section 378(6)(c)28

(money laundering investigations: senior appropriate officers)

In relation to England and Wales, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 2;

b

a member of staff of—

i

the Competition and Markets Authority and is at or above grade 7;

ii

the Department for Business, Energy and Industrial Strategy and is at or above the grade of senior executive officer;

iii

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

iv

the Department for Health and Social Care and is at or above grade 7;

v

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

vi

the Department for Work and Pensions and is at or above grade 7;

vii

the Environment Agency and is at or above Area Environment Manager—EA grade 7;

viii

the Financial Conduct Authority and is—

aa

at or above the grade of Manager, or

bb

authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;

ix

the Food Standards Agency and is at or above grade 7;

x

the Gambling Commission and is at or above the grade of Head of Enforcement;

xi

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xii

the Home Office and is at or above the grade of senior executive officer;

xiii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiv

a local authority and has received relevant training;

xv

the Marine Management Organisation and is at or above the grade of senior executive officer;

xvi

the Ministry of Defence and is at or above grade B2;

xvii

the Ministry of Justice and is at or above grade 7;

xviii

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

xix

the NHS Counter Fraud Authority and is at or above grade 8C;

xx

the Pensions Regulator and is at or above the grade of Regulatory Manager;

xxi

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xxii

the Post Office and is at or above the grade of broadband 3;

xxiii

the Prudential Regulation Authority and is at or above the grade of Manager;

xxiv

the Royal Mail and is at or above the grade of broadband 3;

xxv

Transport for London and is at or above the grade of Senior Management Level;

xxvi

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).

In relation to Northern Ireland, an accredited financial investigator who is—

a

a National Crime Agency officer at or above grade 2;

b

a member of staff of—

i

the Competition and Markets Authority and is at or above grade 7;

ii

the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;

iii

the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;

iv

the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;

v

the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;

vi

the Department for Health and Social Care and is at or above grade 7;

vii

the Department for Infrastructure (of Northern Ireland) and is at or above the grade of Deputy Principal;

viii

the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;

ix

the Financial Conduct Authority and is at or above the grade of Manager;

x

the Food Standards Agency and is at or above grade 7;

xi

the Gangmasters and Labour Abuse Authority and is at or above the grade of Enforcement Manager;

xii

the Home Office and is at or above the grade of senior executive officer;

xiii

the Information Commissioner’s Office and is at or above the grade of Head of Department;

xiv

the Ministry of Defence and is at or above grade B2;

xv

the Pensions Regulator and is at or above the grade of Regulatory Manager;

xvi

the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;

xvii

the Post Office and is at or above the grade of broadband 3;

xviii

the Prudential Regulation Authority and is at or above the grade of Manager;

xix

the Royal Mail and is at or above the grade of broadband 3.

SCHEDULE 2Revocations

Article 4

1

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 200929.

2

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 200930.

3

The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 201531.

4

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 201732.

5

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 201833.

6

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 202034.

EXPLANATORY NOTE

(This note is not part of the Order)

The Proceeds of Crime Act 2002 (c. 29) (the “2002 Act”) provides for a system of accreditation for financial investigators, who are known as ‘accredited financial investigators’. The 2002 Act makes reference to accredited financial investigators throughout. The main purpose of doing so is to allow, in certain circumstances, accredited financial investigators to discharge powers or other functions which are granted to law enforcement officers (such as, for example, police constables or Serious Fraud Office officers).

Section 453 of the 2002 Act allows the Secretary of State to provide that references in specific provisions of the 2002 Act to accredited financial investigators are to be read as references to accredited financial investigators of particular descriptions set out by order.

This Order exercises that power. The lists are set out in the tables in Schedule 1. The first column specifies the provision of the Act where the reference or references are found. The second column specifies the description of the accredited financial investigators that may use the power or exercise the function. In certain cases, powers or functions are reserved to senior members of the organisation concerned and, in such cases, the second column also describes the persons to whom the power is reserved.

The Order revokes and replaces the Orders set out in Schedule 2. These Orders previously made similar provision in this area. The main changes are to add the Department for Transport, the Information Commissioner’s Office, the London Fire Commissioner and, in relation to Northern Ireland, the Department for the Economy (of Northern Ireland). Further changes include providing for greater consistency as to when powers are available to particular organisations (including in relation to executive agencies of government departments) and dealing with changes in the names of organisations since the original Orders were made.

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.