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Part 2Confiscation: England and Wales

Financial investigators

68Applications and appeals

(1)Subsections (2) and (3) apply to—

(a)an application under section 41, 42, 48, 49 or 63;

(b)an appeal under section 43, 44, 65 or 66.

(2)An accredited financial investigator must not make such an application or bring such an appeal unless he falls within subsection (3).

(3)An accredited financial investigator falls within this subsection if he is one of the following or is authorised for the purposes of this section by one of the following—

(a)a police officer who is not below the rank of superintendent,

(b)a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank,

(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

(4)If such an application is made or appeal brought by an accredited financial investigator any subsequent step in the application or appeal or any further application or appeal relating to the same matter may be taken, made or brought by a different accredited financial investigator who falls within subsection (3).

(5)If—

(a)an application for a restraint order is made by an accredited financial investigator, and

(b)a court is required under section 58(6) to give the applicant for the order an opportunity to be heard,

the court may give the opportunity to a different accredited financial investigator who falls within subsection (3).