The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) (Amendment) Order 2024

Schedule 1, Part 3: Civil recovery

5.—(1) Table 3 in Part 3 of Schedule 1 (civil recovery of the proceeds etc. of unlawful conduct) is amended as follows.

(2) In column 2 of the entry for Chapter 3 of Part 5—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(ii) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(iii) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”;

(iv) after paragraph (xxii), insert—

“(xxiia) the Security Industry Authority;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

“(xviia) the Security Industry Authority;”.

(3) In column 2 of the entry for section 290(4)(c) (prior approval for search of cash)—

(a) in the paragraph relating to England and Wales—

(i) before sub-paragraph (a), insert—

“(za) the Cabinet Office and is at or above the grade of senior executive officer;”;

(ii) after sub-paragraph (a), insert—

“(aa) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(iii) after sub-paragraph (c), insert—

“(ca) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”;

(iv) after sub-paragraph (u), insert—

“(ua) the Security Industry Authority and is at or above the grade of Investigations Manager;”;

(b) in the paragraph relating to Northern Ireland, after sub-paragraph (p), insert—

“(q) the Security Industry Authority and is at or above the grade of Investigations Manager;”.

(4) In column 2 of the entry for section 297A(6)(c) (forfeiture notice: senior officer)(1)—

(a) in the paragraph relating to England and Wales—

(i) before sub-paragraph (a), insert—

“(za) the Cabinet Office and is at or above the grade of senior executive officer;”;

(ii) after sub-paragraph (a), insert—

“(aa) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(iii) after sub-paragraph (c), insert—

“(ca) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”;

(iv) after sub-paragraph (u), insert—

“(ua) the Security Industry Authority and is at or above the grade of Investigations Manager;”;

(b) in the paragraph relating to Northern Ireland, after sub-paragraph (l), insert—

“(m) the Security Industry Authority and is at or above the grade of Investigations Manager.”.

(5) In column 2 of the entry for section 303C(9)(d), 303L(5)(d) and 303O(2)(d) (recovery of listed assets under Part 5, Chapter 3A: general)(2)—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(ii) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(iii) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”;

(iv) after paragraph (xxii), insert—

“(xxiia) the Security Industry Authority;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

“(xviii) the Security Industry Authority.”.

(6) In column 2 of the entry for section 303E(4)(f) (recovery of listed assets under Part 5, Chapter 3A: senior officers)—

(a) in the paragraph relating to England and Wales—

(i) before sub-paragraph (a), insert—

“(za) the Cabinet Office and is at or above the grade of senior executive officer;”;

(ii) after sub-paragraph (a), insert—

“(aa) the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;”;

(iii) after sub-paragraph (c), insert—

“(ca) the Department for Science and Technology and is at or above the grade of senior executive officer;”;

(iv) after sub-paragraph (u), insert—

“(ua) the Security Industry Authority and is at or above the grade of Investigations Manager;”;

(b) in the paragraph relating to Northern Ireland, after sub-paragraph (p), insert—

“(q) the Security Industry Authority and is at or above the grade of Investigations Manager.”.

(7) In column 2 of the entry for section 303Z1(6) and section 303Z14(3)(d) (freezing and forfeiture of money in accounts under Part 5, Chapter 3B: general)(3)—

(a) in the paragraph relating to England and Wales, in sub-paragraph (b)—

(i) before paragraph (i), insert—

“(ai) the Cabinet Office;”;

(ii) after paragraph (i), insert—

“(ia) the Department for Energy Security and Net Zero;”;

(iii) after paragraph (iii), insert—

“(iiia) the Department for Science, Innovation and Technology;”;

(iv) after paragraph (xxii), insert—

“(xxiia) the Security Industry Authority;”;

(b) in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii) insert—

“(xviii) the Security industry Authority.”.

(8) In column 2 of the entry for section 303Z2(4)(e) (freezing of money in accounts under Part 5, Chapter 3B: senior officers), in the paragraph relating to England and Wales—

(a) before sub-paragraph (a), insert—

“(za) the Cabinet Office and is at or above the grade of senior executive officer;”;

(b) after sub-paragraph (a), insert—

“(aa) the Department for Energy Security and is at or above the grade of senior executive officer;”

(c) after sub-paragraph (c), insert—

“(ca) the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;”;

(d) after sub-paragraph (v), insert—

“(va) the Security Industry Authority and is at or above the grade of Investigations Manager.”.

(1)

Section 297A was inserted into the Proceeds of Crime Act 2002 with sections 297B to 297G, by section 65(1) of the Policing and Crime Act 2009 (c. 26).

(2)

Sections 303C, 303L and 303O were inserted into the Proceeds of Crime Act 2002, with sections 303B to 303Z, by section 15 of the Criminal Finances Act 2017 (c. 22).

(3)

Section 303Z1 was inserted into the Proceeds of Crime Act 20022, with sections 303Z2 to 303Z19, by section 126 of the Criminal Finances Act 2017.