Proceeds of Crime Act 2002

Section 1

SCHEDULE 1 Assets Recovery Agency

Director’s terms of appointment

1 (1) The Director holds office for the period determined by the Secretary of State on his appointment (or re-appointment) to the office.

(2) But—

(a) the Director may at any time resign by giving notice to the Secretary of State;

(b) the Secretary of State may at any time remove the Director from office if satisfied that he is unable or unfit to exercise his functions.

2 Subject to that, the Director holds office on the terms determined by the Secretary of State with the approval of the Minister for the Civil Service.

Staff

3 (1) The members of staff of the Agency must include—

(a) a deputy to the Director who is to act as Director during any vacancy in that office or if the Director is absent, subject to suspension or unable to act, and

(b) an assistant to the Director with responsibilities in relation to the exercise of the Director’s functions in Northern Ireland.

(2) But the Director must not appoint a person under sub-paragraph (1)(b) unless he first consults the Secretary of State.

4 The members of staff of the Agency hold office on the terms determined by the Director with the approval of the Minister for the Civil Service.

Finances

5 (1) These amounts are to be paid out of money provided by Parliament—

(a) the remuneration of the Director and the staff of the Agency;

(b) any expenses incurred by the Director or any of the staff in the exercise of his or their functions.

(2) Subject to anything in this Act any sums received by the Director are to be paid into the Consolidated Fund.

Annual plan

6 (1) The Director must, before the beginning of each financial year apart from the first, prepare a plan setting out how he intends to exercise his functions during the financial year (an annual plan).

(2) The annual plan must, in particular, set out how the Director intends to exercise his functions in Northern Ireland.

(3) The annual plan must also include a statement of—

(a) the Director’s objectives for the financial year;

(b) any performance targets which he has for the financial year (whether or not relating to his objectives);

(c) his priorities for the financial year;

(d) the financial resources expected to be available to him for the financial year;

(e) his proposed allocation of those resources.

(4) Once the annual plan has been prepared the Director must send a copy to the Secretary of State for his approval.

(5) If the Secretary of State does not approve the annual plan—

(a) he must give the Director his reasons for not approving it, and

(b) he may require the Director to revise it in the manner specified by the Secretary of State.

(6) The Director must revise the annual plan, but if sub-paragraph (5)(b) applies he must do so in the manner specified by the Secretary of State.

(7) The Director must send a copy of the revised annual plan to the Secretary of State for his approval.

Annual report

7 (1) The Director must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The report for any financial year apart from the first must include—

(a) the Director’s annual plan for the financial year, and

(b) an assessment of the extent to which it has been carried out.

(3) The Director must send a copy of each report to the Secretary of State who must—

(a) lay a copy of it before each House of Parliament, and

(b) arrange for it to be published.

Meaning of “financial year”

8 In this Schedule “financial year” means—

(a) the period beginning with the day on which section 1 comes into force and ending with the next 31 March (which is the first financial year), and

(b) each subsequent period of twelve months beginning with 1 April.