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SCHEDULES

SCHEDULE 2U.K.Functions of applicant authorities under Part 1

Director of Revenue and Customs ProsecutionsU.K.

6E+W+N.I.The functions of the Director of Revenue and Customs Prosecutions under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b)to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

(c)to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

(d)to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e)to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commencement Information

I1Sch. 2 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

7(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Revenue and Customs Prosecutor.E+W+N.I.

(2)References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Revenue and Customs Prosecutor.

Commencement Information

I2Sch. 2 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

8E+W+N.I.The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I3Sch. 2 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

9E+W+N.I.The Director must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (guidelines for Crown Prosecutors) so far as it applies in relation to serious crime prevention orders in England and Wales, and petitions and proceedings by virtue of section 27 of this Act, by virtue of paragraph 4 above.

Commencement Information

I4Sch. 2 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

10U.K.Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise his functions under this Part.

Commencement Information

I5Sch. 2 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

11U.K.Section 41(1) of the Act of 2005 (disclosure of information to Director) applies in relation to a purpose connected with a serious crime prevention order or possible serious crime prevention order as it applies in relation to a purpose connected with a specified investigation or prosecution.

Commencement Information

I6Sch. 2 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)