108(1)Section 357 (disclosure orders) is amended as follows.E+W+N.I.
(2)In subsection (1) for “the Director” substitute “ the relevant authority ”.
(3)After subsection (2) insert—
“(2A)The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer.”
(4)In subsection (3)(a) for “the Director” substitute “ an appropriate officer ”.
(5)In subsection (4)—
(a)for “the Director”, where it first appears, substitute “ an appropriate officer ”; and
(b)for “the Director”, where it appears for the second time, substitute “ the appropriate officer ”.
(6)In subsection (5) for “the Director” substitute “ the appropriate officer concerned ”.
(7)After subsection (6) insert—
“(7)In this Part “relevant authority” means—
(a)in relation to a confiscation investigation, a prosecutor; and
(b)in relation to a civil recovery investigation, a member of SOCA's staff or the relevant Director.
(8)For the purposes of subsection (7)(a) a prosecutor is—
(a)in relation to a confiscation investigation carried out by a member of SOCA's staff, the relevant Director or any specified person;
(b)in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person;
(c)in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; and
(d)in relation to a confiscation investigation carried out by an officer of Revenue and Customs, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.
(9)In subsection (8) “specified person” means any person specified, or falling within a description specified, by an order of the Secretary of State.”
Commencement Information
I1Sch. 8 para. 108 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)