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

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

Commencement Information

I1 Sch. 1 Pt. 3 in force at 28.6.2021, see art. 1(2)

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)(1); (b) the reference in section 297A(6)(c)(2). (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)(3) (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)(4) (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”(5) Section 303Z14(3)(d)(6) (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)(7) (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.

(1)

Section 290(4)(c) was inserted by paragraph 3(2) of Schedule 11 to the Serious Crime Act 2007 (c. 27) and amended by paragraph 32(2) of Schedule 5 to the Criminal Finances Act 2017 and S.I. 2018/285 (W. 54).

(2)

Section 297A(6)(c) was inserted by section 65(1) of the Policing and Crime Act 2009.

(3)

Sections 303C, 303L and 303O were inserted by section 15 of the Criminal Finances Act 2017 and amended by S.I. 2018/768 (W. 155).

(4)

Section 303E was inserted by section 15 of the Criminal Finances Act 2017 and amended by S.I. 2018/768 (W. 155).

(5)

Section 303Z1 was inserted by section 16 of the Criminal Finances Act 2017 and amended by paragraph 14 of Schedule 12 to the Financial Services Act 2021 (c. 22) and S.I. 2018/768 (W. 155).

(6)

Section 303Z14 was inserted by section 16 of the Criminal Finances Act 2017 and amended by paragraph 20 of Schedule 12 to the Financial Services Act 2021 (c. 22) and S.I. 2018/768 (W. 155).

(7)

Section 303Z2 was inserted by section 16 of the Criminal Finances Act 2017 and amended by paragraph 15 of Schedule 12 to the Financial Services Act 2021 and S.I. 2018/768 (W. 155).