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

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.