Proceeds of Crime Act 2002 Explanatory Notes

Section 340: Interpretation

497.Subsection (12) ensures that where Part 7 permits disclosure to a nominated officer, (under sections 330, 337 and 338) not only employees, but people exercising functions in relation to an organisation who are not technically employees, will also be able to disclose to a nominated officer, if the organisation has set one up. Directors, partners and volunteers for example will be able to make a report to a nominated officer, if their organisation has one. The liability for reporting to NCIS or a constable, if appropriate, then falls on the nominated officer by virtue of sections 331 and 332.

498.Subsection (13) extends the definition of a constable (as used in this Part only) to a person authorised by the Director General of the National Criminal Intelligence Service. This is for the purpose of facilitating the handling of suspicious transaction reports by civilian staff employed by NCIS.

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