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Serious Crime Act 2007

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Serious Crime Act 2007 is up to date with all changes known to be in force on or before 17 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Sections 2 and 3

SCHEDULE 1E+W+N.I.Serious offences

Part 1 E+W+N.I.Serious offences in England and Wales

Drug traffickingE+W+N.I.

1(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Commencement Information

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

People traffickingE+W+N.I.

2(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Commencement Information

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

Arms traffickingE+W+N.I.

3(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—E+W+N.I.

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc.).

(2)An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

Commencement Information

I3Sch. 1 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Prostitution and child sexE+W+N.I.

4(1)An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(a)section 14 (arranging or facilitating commission of a child sex offence);

(b)section 48 (causing or inciting child prostitution or pornography);

(c)section 49 (controlling a child prostitute or a child involved in pornography);

(d)section 50 (arranging or facilitating child prostitution or pornography);

(e)section 52 (causing or inciting prostitution for gain);

(f)section 53 (controlling prostitution for gain).

Commencement Information

I4Sch. 1 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Armed robbery etc.E+W+N.I.

5(1)An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

  • firearm” has the meaning given by section 57(1) of the Firearms Act 1968;

  • imitation firearm” has the meaning given by section 57(4) of that Act;

  • offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Commencement Information

I5Sch. 1 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Money launderingE+W+N.I.

6An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

Commencement Information

I6Sch. 1 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

FraudE+W+N.I.

7(1)An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

Commencement Information

I7Sch. 1 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Offences in relation to public revenueE+W+N.I.

8(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under [F1section 106A of the Taxes Management Act 1970] (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

Textual Amendments

F1Words in Sch. 1 para. 8(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(2) (with Sch. 9 paras. 1-9, 22)

Commencement Information

I8Sch. 1 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Corruption and briberyE+W+N.I.

9(1)An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in public office).E+W+N.I.

(2)An offence which is the first or second offence under section 1(1) of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents other than those of giving or using false etc. documents which intended to mislead principal).

(3)An offence at common law of bribery.

Commencement Information

I9Sch. 1 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

CounterfeitingE+W+N.I.

10An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

Commencement Information

I10Sch. 1 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

BlackmailE+W+N.I.

11(1)An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).E+W+N.I.

(2)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Commencement Information

I11Sch. 1 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Intellectual propertyE+W+N.I.

12(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Commencement Information

I12Sch. 1 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

EnvironmentE+W+N.I.

13(1)An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing F2...with prohibited implements etc.).E+W+N.I.

(2)An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3)An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

Textual Amendments

Commencement Information

I13Sch. 1 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Inchoate offencesE+W+N.I.

14(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(2)An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Commencement Information

I14Sch. 1 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Earlier offencesE+W+N.I.

15(1)This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Commencement Information

I15Sch. 1 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Scope of offencesE+W+N.I.

16Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

Commencement Information

I16Sch. 1 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)

Part 2 E+W+N.I.Serious offences in Northern Ireland

Drug traffickingE+W+N.I.

17(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—E+W+N.I.

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting etc. certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) (exportation of prohibited or restricted goods);

(c)section 170 (fraudulent evasion of duty etc.).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Commencement Information

I17Sch. 1 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

People traffickingE+W+N.I.

18(1)An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).E+W+N.I.

(2)An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

Commencement Information

I18Sch. 1 para. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Arms traffickingE+W+N.I.

19(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—E+W+N.I.

(a)section 68(2) (exportation of prohibited or restricted goods);

(b)section 170 (fraudulent evasion of duty etc.).

(2)An offence under Article 24 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Commencement Information

I19Sch. 1 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Prostitution and child sexE+W+N.I.

20(1)An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).E+W+N.I.

(2)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 48 (causing or inciting child prostitution or pornography);

(b)section 49 (controlling a child prostitute or a child involved in pornography);

(c)section 50 (arranging or facilitating child prostitution or pornography);

(d)section 52 (causing or inciting prostitution for gain);

(e)section 53 (controlling prostitution for gain).

Commencement Information

I20Sch. 1 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Armed robbery etc.E+W+N.I.

21(1)An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.E+W+N.I.

(2)An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3)In this paragraph—

  • “firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;

  • offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Commencement Information

I21Sch. 1 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Money launderingE+W+N.I.

22An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—

(a)section 327 (concealing etc. criminal property);

(b)section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);

(c)section 329 (acquisition, use and possession of criminal property).

Commencement Information

I22Sch. 1 para. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

FraudE+W+N.I.

23(1)An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).E+W+N.I.

(2)An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—

(a)section 1 (fraud by false representation, failing to disclose information or abuse of position);

(b)section 6 (possession etc. of articles for use in frauds);

(c)section 7 (making or supplying articles for use in frauds);

(d)section 9 (participating in fraudulent business carried on by sole trader etc.);

(e)section 11 (obtaining services dishonestly).

(3)An offence at common law of conspiracy to defraud.

Commencement Information

I23Sch. 1 para. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Offences in relation to public revenueE+W+N.I.

24(1)An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.E+W+N.I.

(2)An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3)An offence under [F3section 106A of the Taxes Management Act 1970] (fraudulent evasion of income tax).

(4)An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5)An offence at common law of cheating in relation to the public revenue.

Textual Amendments

F3Words in Sch. 1 para. 24(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(3) (with Sch. 9 paras. 1-9, 22)

Commencement Information

I24Sch. 1 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Corruption and briberyE+W+N.I.

25(1)An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in public office).E+W+N.I.

(2)An offence which is the first or second offence under section 1(1) of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents other than those of giving or using false etc. documents which intended to mislead principal).

(3)An offence at common law of bribery.

Commencement Information

I25Sch. 1 para. 25 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

CounterfeitingE+W+N.I.

26An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc. counterfeit notes or coins);

(c)section 16 (having custody or control of counterfeit notes or coins);

(d)section 17 (making or having custody or control of counterfeiting materials or implements).

Commencement Information

I26Sch. 1 para. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

BlackmailE+W+N.I.

27(1)An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail).E+W+N.I.

(2)An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Commencement Information

I27Sch. 1 para. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Intellectual propertyE+W+N.I.

28(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—E+W+N.I.

(a)section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

(b)section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

(c)section 297A (making or dealing etc. in unauthorised decoders).

(2)An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Commencement Information

I28Sch. 1 para. 28 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

EnvironmentE+W+N.I.

29(1)An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).E+W+N.I.

(2)An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

(3)An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste).

(4)An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

Commencement Information

I29Sch. 1 para. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Inchoate offencesE+W+N.I.

30(1)An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.E+W+N.I.

(2)An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4)The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Commencement Information

I30Sch. 1 para. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Earlier offencesE+W+N.I.

31(1)This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.E+W+N.I.

(2)Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Commencement Information

I31Sch. 1 para. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Scope of offencesE+W+N.I.

32Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.

Commencement Information

I32Sch. 1 para. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)

Section 37

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

Director of Public ProsecutionsE+W+N.I.

1The functions of the Director of Public 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

I33Sch. 2 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

2(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown 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 Crown Prosecutor.

Commencement Information

I34Sch. 2 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

3The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I35Sch. 2 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

4(1)The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case—E+W+N.I.

(a)whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

(b)whether to present a petition by virtue of section 27 of this Act; or

(c)where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2)Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I36Sch. 2 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

5Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I37Sch. 2 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Revenue and Customs ProsecutionsU.K.

6The 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

I38Sch. 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

I39Sch. 2 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

8The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I40Sch. 2 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

9The 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

I41Sch. 2 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

10Section 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

I42Sch. 2 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

11Section 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

I43Sch. 2 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Serious Fraud OfficeE+W+N.I.

12The functions of the Director of the Serious Fraud Office 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

I44Sch. 2 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

13(1)The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).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) above, as references to the Director or any member of the Serious Fraud Office so designated.

Commencement Information

I45Sch. 2 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

14The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

Commencement Information

I46Sch. 2 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

15Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I47Sch. 2 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Director of Public Prosecutions for Northern IrelandU.K.

16The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—

(a)to have the conduct of applications for serious crime prevention orders in Northern Ireland 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 Northern Ireland;

(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 28 or otherwise);

(d)to give advice in connection with any proceedings or possible proceedings about 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

I48Sch. 2 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

17References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.

Commencement Information

I49Sch. 2 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

18(1)The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—E+W+N.I.

(a)whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

(b)whether to present a petition by virtue of section 28 of this Act; or

(c)where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

(2)Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

Commencement Information

I50Sch. 2 para. 18 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)

19Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.

Commencement Information

I51Sch. 2 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

20Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Commencement Information

I52Sch. 2 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

InterpretationE+W+N.I.

21In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

Commencement Information

I53Sch. 2 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)

Section 49(5)

SCHEDULE 3E+W+N.I.Listed Offences

Part 1E+W+N.I.Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)E+W+N.I.

1An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).

Commencement Information

I54Sch. 3 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

Commencement Information

I55Sch. 3 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

Commencement Information

I56Sch. 3 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.

Commencement Information

I57Sch. 3 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Aliens Restriction (Amendment) Act 1919 (c. 92)E+W+N.I.

5An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.

Commencement Information

I58Sch. 3 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

6An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.

Commencement Information

I59Sch. 3 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Official Secrets Act 1920 (c. 75)E+W+N.I.

7An offence under section 7 of the Official Secrets Act 1920 (soliciting etc. commission of an offence under that Act or the Official Secrets Act 1911 (c. 28)).

Commencement Information

I60Sch. 3 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Incitement to Disaffection Act 1934 (c. 56)E+W+N.I.

8An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).

Commencement Information

I61Sch. 3 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Misuse of Drugs Act 1971 (c. 38)E+W+N.I.

9An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).

Commencement Information

I62Sch. 3 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).

Commencement Information

I63Sch. 3 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Immigration Act 1971 (c. 77)E+W+N.I.

11An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State).

Commencement Information

I64Sch. 3 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12An offence under section 25B of that Act (assisting entry to the United Kingdom in breach of deportation or exclusion order).

Commencement Information

I65Sch. 3 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Representation of the People Act 1983 (c. 2)E+W+N.I.

13An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.

Commencement Information

I66Sch. 3 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Computer Misuse Act 1990 (c. 18)E+W+N.I.

14An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I67Sch. 3 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

15An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I68Sch. 3 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

16An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Commencement Information

I69Sch. 3 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Justice Act 1993 (c. 36)E+W+N.I.

17An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).

Commencement Information

I70Sch. 3 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Reserve Forces Act 1996 (c. 14)E+W+N.I.

18An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).

Commencement Information

I71Sch. 3 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Landmines Act 1998 (c. 33)E+W+N.I.

19An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).

Commencement Information

I72Sch. 3 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2006 (c. 11)E+W+N.I.

20An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).

Commencement Information

I73Sch. 3 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

21An offence under section 2(1) of that Act (disseminating terrorist publications).

Commencement Information

I74Sch. 3 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

22An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).

Commencement Information

I75Sch. 3 para. 22 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

23An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).

Commencement Information

I76Sch. 3 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

24An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).

Commencement Information

I77Sch. 3 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

[F4Cluster Munitions (Prohibitions) Act 2010 (c. 11)E+W+N.I.

24AAn offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).]

Part 2E+W+N.I.Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)E+W+N.I.

25An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).

Commencement Information

I78Sch. 3 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Perjury Act 1911 (c. 6)E+W+N.I.

26An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).

Commencement Information

I79Sch. 3 para. 26 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Prison Act 1952 (c. 52)E+W+N.I.

27An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).

Commencement Information

I80Sch. 3 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

[F5Suicide Act 1961 (c. 60)E+W+N.I.

Textual Amendments

27AAn offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).]

Criminal Law Act 1967 (c. 58)E+W+N.I.

28An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).

Commencement Information

I81Sch. 3 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

29An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).

Commencement Information

I82Sch. 3 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Greater London Council (General Powers) Act 1973 (c. xxx)E+W+N.I.

30An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.

Commencement Information

I83Sch. 3 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Greater London Council (General Powers) Act 1974 (c. xxiv)E+W+N.I.

31An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.

Commencement Information

I84Sch. 3 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act 1977 (c. 45)E+W+N.I.

32An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Commencement Information

I85Sch. 3 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Attempts Act 1981 (c. 47)E+W+N.I.

33An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Commencement Information

I86Sch. 3 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Order Act 1986 (c. 64)E+W+N.I.

34An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).

Commencement Information

I87Sch. 3 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

35An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).

Commencement Information

I88Sch. 3 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

36An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).

Commencement Information

I89Sch. 3 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

37An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Commencement Information

I90Sch. 3 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2000 (c. 11)E+W+N.I.

38An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).

Commencement Information

I91Sch. 3 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 3 E+W+N.I.Other offences: England and Wales

39An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

Commencement Information

I92Sch. 3 para. 39 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

40(1)An attempt under a special statutory provision.E+W+N.I.

(2)Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

Commencement Information

I93Sch. 3 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 4E+W+N.I.Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)E+W+N.I.

41An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Commencement Information

I94Sch. 3 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

42An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Commencement Information

I95Sch. 3 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

[F6Criminal Justice Act (Northern Ireland) 1966 (c. 20)E+W+N.I.

Textual Amendments

F6 Sch. 3 para. 42A and cross-heading inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(3)(b) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)

42AAn offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).]

Criminal Law Act (Northern Ireland) 1967 (c. 18)E+W+N.I.

43An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).

Commencement Information

I96Sch. 3 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))E+W+N.I.

44An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).

Commencement Information

I97Sch. 3 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))E+W+N.I.

45An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).

Commencement Information

I98Sch. 3 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

46An offence under Article 9(1) of that Order (conspiracy).

Commencement Information

I99Sch. 3 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Processions (Northern Ireland) Act 1998 (c. 2)E+W+N.I.

47An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).

Commencement Information

I100Sch. 3 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

48An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Commencement Information

I101Sch. 3 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Terrorism Act 2000 (c. 11)E+W+N.I.

49An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).

Commencement Information

I102Sch. 3 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 5 E+W+N.I.Other offences: Northern Ireland

50An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

Commencement Information

I103Sch. 3 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 52(2)

SCHEDULE 4E+W+N.I.Extra-territoriality

1(1)This paragraph applies if—E+W+N.I.

(a)any relevant behaviour of D's takes place wholly or partly in England or Wales;

(b)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(c)either—

(i)the anticipated offence is one that would be triable under the law of England and Wales if it were committed in that place; or

(ii)if there are relevant conditions, it would be so triable if it were committed there by a person who satisfies the conditions.

(2)Relevant condition” means a condition that—

(a)determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and

(b)relates to the citizenship, nationality or residence of the person who commits it.

Commencement Information

I104Sch. 4 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2(1)This paragraph applies if—E+W+N.I.

(a)paragraph 1 does not apply;

(b)any relevant behaviour of D's takes place wholly or partly in England or Wales;

(c)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(d)what D anticipates would amount to an offence under the law in force in that place.

(2)The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a)stating that on the facts as alleged the condition is not in their opinion satisfied;

(b)showing their grounds for that opinion; and

(c)requiring the prosecution to show that it is satisfied.

(3)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).

(4)In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.

(5)An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.

Commencement Information

I105Sch. 4 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3(1)This paragraph applies if—E+W+N.I.

(a)any relevant behaviour of D's takes place wholly outside England and Wales;

(b)D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

(c)D could be tried under the law of England and Wales if he committed the anticipated offence in that place.

(2)For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.

Commencement Information

I106Sch. 4 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.

Commencement Information

I107Sch. 4 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 60

SCHEDULE 5U.K.Amendments relating to service law

Criminal Justice Act 1982 (c. 48)U.K.

1In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I108Sch. 5 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences (Amendment) Act 1992 (c. 34)U.K.

2In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I109Sch. 5 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)U.K.

3In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I110Sch. 5 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences Act 2003 (c. 42)U.K.

4(1)The Sexual Offences Act 2003 is amended as follows.U.K.

(2)In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

(3)In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I111Sch. 5 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Justice Act 2003 (c. 44)U.K.

5In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I112Sch. 5 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Gambling Act 2005 (c. 19)U.K.

6In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I113Sch. 5 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Armed Forces Act 2006 (c. 52)U.K.

7The Armed Forces Act 2006 is amended as follows.

Commencement Information

I114Sch. 5 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

8In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.

Commencement Information

I115Sch. 5 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

9For section 40 (incitement) substitute—

40Encouraging and assisting

(1)A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).

(2)A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).

(3)Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.

(4)In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.

(5)Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.

(6)A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—

(a)the service offence encouraged or assisted; or

(b)if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.

Commencement Information

I116Sch. 5 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.

Commencement Information

I117Sch. 5 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

11For section 46 (inciting criminal conduct) substitute—

46Encouraging or assisting criminal conduct

(1)Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2)Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3)Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.

Commencement Information

I118Sch. 5 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

Commencement Information

I119Sch. 5 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

13In Schedule 2 (list of serious offences)—

(a)in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;

(b)in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

Commencement Information

I120Sch. 5 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 63(1) and (2)

SCHEDULE 6U.K.Minor and consequential amendments: Part 2

Part 1 E+W+N.I.References to common law offence of incitement

1Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).

Commencement Information

I121Sch. 6 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

2Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).

Commencement Information

I122Sch. 6 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

3Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).

Commencement Information

I123Sch. 6 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

4Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of “rape offence” in relation to court martial proceedings).

Commencement Information

I124Sch. 6 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

5In the Magistrates' Courts Act 1980 (c. 43)—

(a)section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);

(b)section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);

(c)paragraph 2 of Schedule 2 (offences for which the value involved is relevant to the mode of trial).

Commencement Information

I125Sch. 6 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

6Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).

Commencement Information

I126Sch. 6 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

7In the Betting and Gaming Duties Act 1981 (c. 63)—

(a)section 9(5) (prohibitions for protection of revenue);

(b)section 9A(4) (prohibitions for protection of revenue: overseas brokers).

Commencement Information

I127Sch. 6 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

8In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)—

(a)paragraph (b)(iv) (imprisonment for excluded offence etc.);

(b)paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).

Commencement Information

I128Sch. 6 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

9Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).

Commencement Information

I129Sch. 6 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

10Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie in respect of contravention of compliance order).

Commencement Information

I130Sch. 6 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

11Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

Commencement Information

I131Sch. 6 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

12Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).

Commencement Information

I132Sch. 6 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

13Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).

Commencement Information

I133Sch. 6 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

14Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).

Commencement Information

I134Sch. 6 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

15In the Road Traffic Offenders Act 1988 (c. 53)—

(a)section 28(2) (penalty points to be attributed to an offence);

(b)section 34(5) (disqualification for certain offences);

(c)section 35(5A) (disqualification for repeated offences).

Commencement Information

I135Sch. 6 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

16Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).

Commencement Information

I136Sch. 6 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

17Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused's spouse or civil partner).

Commencement Information

I137Sch. 6 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

18In the Aviation and Maritime Security Act 1990 (c. 31)—

(a)section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);

(b)section 15(2)(c) (master's power of delivery).

Commencement Information

I138Sch. 6 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

19In the Criminal Justice Act 1991 (c. 53)—

(a)section 53(7) (cases involving children in which notice of transfer may be given);

(b)section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).

Commencement Information

I139Sch. 6 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

20In the Sexual Offences (Amendment) Act 1992 (c. 34)—

(a)subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);

(b)section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).

Commencement Information

I140Sch. 6 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

21In the Criminal Justice Act 1993 (c. 36)—

(a)section 1(3)(d) (Group B offences);

(b)section 5(4) (incitement to commit Group A offence).

Commencement Information

I141Sch. 6 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

F722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).

Commencement Information

I142Sch. 6 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

24Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).

Commencement Information

I143Sch. 6 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

25Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

Commencement Information

I144Sch. 6 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

26Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I.1)) (no criminal proceedings to lie in respect of contravention of compliance order).

Commencement Information

I145Sch. 6 para. 26 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

27Article 4(1A) and (7) of the Children's Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).

Commencement Information

I146Sch. 6 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

28Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).

Commencement Information

I147Sch. 6 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

29Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold preparatory hearing).

Commencement Information

I148Sch. 6 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

30In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—

(a)section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);

(b)section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).

Commencement Information

I149Sch. 6 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

31In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))—

(a)paragraph (h) of the definition of “drug trafficking offence” in Article 2(2) (interpretation);

(b)paragraph (b) of the definition of “specified offence” in Article 55 (Revenue and Customs prosecutions).

Commencement Information

I150Sch. 6 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

32In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))—

(a)Article 30(2) (penalty points to be attributed to an offence);

(b)Article 35(6) (disqualification for certain offences);

(c)Article 40(7) (disqualification for repeated offences).

Commencement Information

I151Sch. 6 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

33In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) —

(a)Article 38(3)(d) (Group B offences);

(b)Article 42(2) (incitement to commit Group A offence).

Commencement Information

I152Sch. 6 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

34Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).

Commencement Information

I153Sch. 6 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

35Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).

Commencement Information

I154Sch. 6 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

36Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).

Commencement Information

I155Sch. 6 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

37Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).

Commencement Information

I156Sch. 6 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

38Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to offences).

Commencement Information

I157Sch. 6 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

39Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (driving disqualification where vehicle used for purposes of crime).

Commencement Information

I158Sch. 6 para. 39 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

40Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).

Commencement Information

I159Sch. 6 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

41Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).

Commencement Information

I160Sch. 6 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

42Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).

Commencement Information

I161Sch. 6 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

43Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).

Commencement Information

I162Sch. 6 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

44In the Proceeds of Crime Act 2002 (c. 29)—

(a)section 340(11)(b) (interpretation of Part 7: money laundering);

(b)section 415(2)(a) (money laundering offences for purposes of Part 8: investigations);

(c)section 447(9)(b) (interpretation of Part 11: national and international co-operation);

(d)section 451(6)(c) (Revenue and Customs prosecutions).

Commencement Information

I163Sch. 6 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

45Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).

Commencement Information

I164Sch. 6 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

46Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).

Commencement Information

I165Sch. 6 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

47Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).

Commencement Information

I166Sch. 6 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

48In the Criminal Justice Act 2003 (c. 44)—

(a)in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);

(b)in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).

Commencement Information

I167Sch. 6 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

49Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of “offence against a child”).

Commencement Information

I168Sch. 6 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

50Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).

Commencement Information

I169Sch. 6 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

51Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

Commencement Information

I170Sch. 6 para. 51 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

52In the Terrorism Act 2006 (c. 11)—

(a)section 17(2)(f) (commission of offences abroad);

(b)paragraph 12(b) of Schedule 1 (Convention offences).

Commencement Information

I171Sch. 6 para. 52 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Part 2 U.K.Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)U.K.

53In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “ an offence under any other provision of this Act ”.

Commencement Information

I172Sch. 6 para. 53 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Law Act 1977 (c. 45)U.K.

54In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Commencement Information

I173Sch. 6 para. 54 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Magistrates' Courts Act 1980 (c. 43)U.K.

55(1)The Magistrates' Courts Act 1980 is amended as follows.U.K.

(2)In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

(3)Omit section 45.

(4)In Schedule 1 (offences triable either way) omit paragraph 35.

Commencement Information

I174Sch. 6 para. 55 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))U.K.

56Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Commencement Information

I175Sch. 6 para. 56 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))U.K.

57In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Commencement Information

I176Sch. 6 para. 57 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Public Order Act 1986 (c. 64)U.K.

58(1)The Public Order Act 1986 is amended as follows.U.K.

(2)In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.

(3)The provisions are—

(a)section 12(10);

(b)section 13(13);

(c)section 14(10);

(d)section 14B(7).

Commencement Information

I177Sch. 6 para. 58 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Computer Misuse Act 1990 (c. 18)U.K.

59(1)The Computer Misuse Act 1990 is amended as follows.U.K.

(2)In section 6 (incitement) omit subsection (3).

(3)In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

(4)In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.

(5)In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

(6)In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Commencement Information

I178Sch. 6 para. 59 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)U.K.

60In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “ done ”.

Commencement Information

I179Sch. 6 para. 60 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

International Criminal Court Act 2001 (c. 17)U.K.

61(1)The International Criminal Court Act 2001 is amended as follows.U.K.

(2)In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

(3)In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Commencement Information

I180Sch. 6 para. 61 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Proceeds of Crime Act 2002 (c. 29)U.K.

62After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

(1A)An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.

Commencement Information

I181Sch. 6 para. 62 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Sexual Offences Act 2003 (c. 42)U.K.

63(1)The Sexual Offences Act 2003 is amended as follows.U.K.

(2)In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—

94AA reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

(3)In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

173AA reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

Commencement Information

I182Sch. 6 para. 63 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Serious Organised Crime and Police Act 2005 (c. 15)U.K.

64(1)The Serious Organised Crime and Police Act 2005 is amended as follows.U.K.

(2)In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

(4)A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both.

(4A)If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.

(3)In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

section 136(4)3 months
section 136(4A)3 months.

Commencement Information

I183Sch. 6 para. 64 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)

Section 73

SCHEDULE 7E+W+N.I.Data matching

Part 1 E+WData matching: England

1The Audit Commission Act 1998 (c. 18) is amended as follows.

Commencement Information

I184Sch. 7 para. 1 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(h)

I185Sch. 7 para. 1 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

2After Part 2 insert—

Part 2A E+WData matching

32APower to conduct data matching exercises

(1)The Commission may conduct data matching exercises or arrange for them to be conducted on its behalf.

(2)A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3)The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.

(4)That assistance may, but need not, form part of an audit.

(5)A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6)In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

32BMandatory provision of data

(1)The Commission may require—

(a)any body mentioned in subsection (2), and

(b)any officer or member of such a body,

to provide the Commission or a person acting on its behalf with such data (and in such form) as the Commission or that person may reasonably require for the purpose of conducting data matching exercises.

(2)The bodies are—

(a)a body subject to audit,

(b)an English best value authority which is not a body subject to audit.

(3)A person who without reasonable excuse fails to comply with a requirement of the Commission under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4)Any expenses incurred by the Commission in connection with proceedings for an offence under subsection (3) alleged to have been committed by an officer or member of a body, so far as not recovered from any other source, are recoverable from that body.

(5)English best value authority” means a best value authority other than—

(a)a county council, county borough council or community council in Wales,

(b)a National Park authority for a National Park in Wales,

(c)a police authority for a police area in Wales,

(d)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

32CVoluntary provision of data

(1)If the Commission thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 32B, the data may be disclosed to the Commission or a person acting on its behalf.

(2)A disclosure under subsection (1) does not breach—

(a)any obligation of confidence owed by a person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises a disclosure which—

(a)contravenes the Data Protection Act 1998 (c. 29), or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(5)Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

(6)This section does not limit the circumstances in which data may be disclosed apart from this section.

(7)Data matching exercises may include data provided by a body or person outside England and Wales.

32DDisclosure of results of data matching etc

(1)This section applies to the following information—

(a)information relating to a particular body or person obtained by or on behalf of the Commission for the purpose of conducting a data matching exercise,

(b)the results of any such exercise.

(2)Information to which this section applies may be disclosed by or on behalf of the Commission if the disclosure is—

(a)for or in connection with a purpose for which the data matching exercise is conducted,

(b)to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Part 2 or the functions of the Commission under this Part, or

(c)in pursuance of a duty imposed by or under a statutory provision.

(3)The bodies are—

(a)the Auditor General for Wales,

(b)the Auditor General for Scotland,

(c)the Accounts Commission for Scotland,

(d)Audit Scotland,

(e)the Comptroller and Auditor General for Northern Ireland,

(f)a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4)Related party”, in relation to a body mentioned in subsection (3), means—

(a)a body or person acting on its behalf,

(b)a body whose accounts are required to be audited by it or by a person appointed by it,

(c)a person appointed by it to audit those accounts.

(5)If the data used for a data matching exercise include patient data—

(a)subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,

(b)subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6)In subsection (5)—

(a)patient data” has the same meaning as in section 32C,

(b)relevant NHS body” means—

(i)a health service body,

(ii)a Welsh NHS body,

(iii)an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

(iv)a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(7)Information disclosed under subsection (2) may not be further disclosed except—

(a)for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b)for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(c)in pursuance of a duty imposed by or under a statutory provision.

(8)Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(9)Section 49 does not apply to information to which this section applies.

(10)In this section, “body” includes office.

32EPublication

(1)Nothing in section 32D prevents the Commission from publishing a report on a data matching exercise (including on the results of the exercise).

(2)But the report may not include information relating to a particular body or person if—

(a)the body or person is the subject of any data included in the data matching exercise,

(b)the body or person can be identified from the information, and

(c)the information is not otherwise in the public domain.

(3)A report published under this section may be published in such manner as the Commission considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4)Section 51 does not apply to information to which section 32D applies.

(5)This section does not affect any powers of an auditor where the data matching exercise in question forms part of an audit under Part 2.

32FFees for data matching

(1)The Commission must prescribe a scale or scales of fees in respect of data matching exercises.

(2)A body required under section 32B(1) to provide data for a data matching exercise must pay to the Commission the fee applicable to that exercise in accordance with the appropriate scale.

(3)But if it appears to the Commission that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Commission may charge the body a fee which is larger or smaller than that referred to in subsection (2).

(4)Before prescribing a scale of fees under this section, the Commission must consult—

(a)the bodies mentioned in section 32B(2), and

(b)such other bodies or persons as the Commission thinks fit.

(5)If the Secretary of State considers it necessary or desirable to do so, he may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Commission and, if he does so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Secretary of State.

(6)Before making any regulations under subsection (5), the Secretary of State must consult—

(a)the Commission, and

(b)such other bodies or persons as he thinks fit.

(7)In addition to the power under subsection (2), the Commission may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Commission and that body or person.

32GCode of data matching practice

(1)The Commission must prepare, and keep under review, a code of practice with respect to data matching exercises.

(2)Regard must be had to the code in conducting and participating in any such exercise.

(3)Before preparing or altering the code, the Commission must consult the bodies mentioned in section 32B(2), the Information Commissioner and such other bodies or persons as the Commission thinks fit.

(4)The Commission must—

(a)send a copy of the code, and of any alterations made to the code, to the Secretary of State, who must lay the copy before Parliament, and

(b)from time to time publish the code as for the time being in force.

32HPowers of Secretary of State

(1)The Secretary of State may by order amend this Part—

(a)to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,

(b)to modify the application of this Part in relation to a purpose so added.

(2)The purposes which may be added are—

(a)to assist in the prevention and detection of crime (other than fraud),

(b)to assist in the apprehension and prosecution of offenders,

(c)to assist in the recovery of debt owing to public bodies.

(3)The Secretary of State may by order amend this Part—

(a)to add a public body to the list of bodies in section 32B(2),

(b)to modify the application of this Part in relation to a body so added,

(c)to remove a body from that list.

(4)An order under this section may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.

(5)In this section, “public body” means a body or person whose functions—

(a)are functions of a public nature, or

(b)include functions of that nature,

but, in the latter case, the body or person is a public body to the extent only of those functions.

Commencement Information

I186Sch. 7 para. 2 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(h)

I187Sch. 7 para. 2 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

3In section 52 (orders and regulations), after subsection (1) insert—

(1A)No order shall be made under section 32H unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I188Sch. 7 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)

Part 2 E+WData matching: Wales

4After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

Part 3A E+WData matching

64APower to conduct data matching exercises

(1)The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf.

(2)A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3)The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.

(4)That assistance may, but need not, form part of an audit.

(5)A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6)In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

64BMandatory provision of data

(1)The Auditor General for Wales may require—

(a)any body mentioned in subsection (2), and

(b)any officer or member of such a body,

to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.

(2)The bodies are—

(a)a local government body in Wales (as defined in section 12(1));

(b)a Welsh NHS body (as defined in section 60).

(3)A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale, and

(b)to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4)If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.

64CVoluntary provision of data

(1)If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf.

(2)A disclosure under subsection (1) does not breach—

(a)any obligation of confidence owed by a person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(3)But nothing in this section authorises a disclosure which—

(a)contravenes the Data Protection Act 1998 (c. 29), or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(5)Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

(6)This section does not limit the circumstances in which data may be disclosed apart from this section.

(7)Data matching exercises may include data provided by a body or person outside England and Wales.

64DDisclosure of results of data matching etc

(1)This section applies to the following information—

(a)information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,

(b)the results of any such exercise.

(2)Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—

(a)for or in connection with a purpose for which the data matching exercise is conducted,

(b)to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or

(c)in pursuance of a duty imposed by or under a statutory provision.

(3)The bodies are—

(a)the Audit Commission,

(b)the Auditor General for Scotland,

(c)the Accounts Commission for Scotland,

(d)Audit Scotland,

(e)the Comptroller and Auditor General for Northern Ireland,

(f)a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4)Related party”, in relation to a body mentioned in subsection (3), means—

(a)a body or person acting on its behalf,

(b)a body whose accounts are required to be audited by it or by a person appointed by it,

(c)a person appointed by it to audit those accounts.

(5)If the data used for a data matching exercise include patient data—

(a)subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,

(b)subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6)In subsection (5)—

(a)patient data” has the same meaning as in section 64C,

(b)relevant NHS body” means—

(i)a Welsh NHS body as defined in section 60,

(ii)a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18),

(iii)an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

(iv)a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(7)Information disclosed under subsection (2) may not be further disclosed except—

(a)for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b)for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(c)in pursuance of a duty imposed by or under a statutory provision.

(8)Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(9)Section 54 does not apply to information to which this section applies.

(10)In this section “statutory provision” has the meaning given in section 59(8).

64EPublication

(1)Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise).

(2)But the report may not include information relating to a particular body or person if—

(a)the body or person is the subject of any data included in the data matching exercise,

(b)the body or person can be identified from the information, and

(c)the information is not otherwise in the public domain.

(3)A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4)This section does not affect any powers of an auditor or the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3.

64FFees for data matching

(1)The Auditor General for Wales must prescribe a scale or scales of fees in respect of data matching exercises.

(2)A body required under section 64B(1) to provide data for a data matching exercise must pay to the Auditor General the fee applicable to that exercise in accordance with the appropriate scale.

(3)But if it appears to the Auditor General that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Auditor General may charge the body a fee which is larger or smaller than that referred to in subsection (2).

(4)Before prescribing a scale of fees under this section, the Auditor General must consult—

(a)the bodies mentioned in section 64B(2), and

(b)such other bodies or persons as the Auditor General thinks fit.

(5)If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Auditor General and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers.

(6)Before making any regulations under subsection (5), the Welsh Ministers must consult—

(a)the Auditor General for Wales, and

(b)such other bodies or persons as they think fit.

(7)The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly.

(8)In addition to the power under subsection (2), the Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Auditor General and that body or person.

64GCode of data matching practice

(1)The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises.

(2)Regard must be had to the code in conducting and participating in any such exercise.

(3)Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit.

(4)The Auditor General must—

(a)lay a copy of the code, and of any alterations made to the code, before the Assembly, and

(b)from time to time publish the code as for the time being in force.

64HPowers of Secretary of State

(1)The Secretary of State may by order amend this Part—

(a)to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,

(b)to modify the application of this Part in relation to a purpose so added.

(2)The purposes which may be added are—

(a)to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales,

(b)to assist in the apprehension and prosecution of offenders in or with respect to Wales,

(c)to assist in the recovery of debt owing to Welsh public bodies.

(3)The Secretary of State may by order amend this Part—

(a)to add a Welsh public body to the list of bodies in section 64B(2),

(b)to modify the application of this Part in relation to a body so added,

(c)to remove a body from that list.

(4)Before making an order under this section, the Secretary of State must consult the Auditor General for Wales.

(5)An order under this section—

(a)is to be made by statutory instrument, and

(b)may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.

(6)No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(7)In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.

Commencement Information

I189Sch. 7 para. 4 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(i)

I190Sch. 7 para. 4 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

5(1)Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.E+W

(2)In sub-paragraph (3)(b) after “government audit)” insert “ or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching) ”.

(3)In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute the following provisions of the Public Audit (Wales) Act 2004 (c. 23)—

(i)Part 2 (including those charged as a result of paragraph 11(3)(c)),

(ii)Part 3A (but only those charged to a local government body in Wales).

(4)After sub-paragraph (4) insert—

(5)Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.

Commencement Information

I191Sch. 7 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)

Part 3 N.I.Data matching: Northern Ireland

6After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—

Data matchingN.I.

4APower to conduct data matching exercises

(1)The Comptroller and Auditor General may conduct data matching exercises or arrange for them to be conducted on his behalf.

(2)A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3)The power in paragraph (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.

(4)That assistance may, but need not, form part of an audit.

(5)A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6)In Articles 4B to 4H, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this Article.

4BMandatory provision of data

(1)The Comptroller and Auditor General may require—

(a)any body mentioned in paragraph (2); and

(b)any officer or member of such a body,

to provide the Comptroller and Auditor General or a person acting on his behalf with such data (and in such form) as the Comptroller and Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.

(2)The bodies are—

(a)any body (including a holder of a statutory office) whose accounts are required to be audited by the Comptroller and Auditor General, other than a body whose accounts are required to be so audited by virtue of section 55 of the Northern Ireland Act 1998 (c. 47);

(b)any body whose accounts are required to be audited by a local government auditor.

(3)A person who without reasonable excuse fails to comply with a requirement of the Comptroller and Auditor General under paragraph (1)(b) is guilty of an offence and liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

(4)If an officer or member of a body is convicted of an offence under paragraph (3), any expenses incurred by the Comptroller and Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.

4CVoluntary provision of data

(1)If the Comptroller and Auditor General thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to Article 4B, the data may be disclosed to the Comptroller and Auditor General or a person acting on his behalf.

(2)A disclosure under paragraph (1) does not breach—

(a)any obligation of confidence owed by a person making the disclosure; or

(b)any other restriction on the disclosure of information (however imposed).

(3)But nothing in this Article authorises a disclosure which—

(a)contravenes the Data Protection Act 1998 (c. 29); or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).

(4)Data may not be disclosed under paragraph (1) if the data comprise or include patient data.

(5)Patient data” means data relating to an individual which are held for any of the following purposes and from which the individual can be identified—

(a)preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services;

(b)informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment.

(6)This Article does not limit the circumstances in which data may be disclosed apart from this Article.

(7)Data matching exercises may include data provided by a body or person outside Northern Ireland.

4DDisclosure of results of data matching etc

(1)This Article applies to the following information—

(a)information relating to a particular body or person obtained by or on behalf of the Comptroller and Auditor General for the purpose of conducting a data matching exercise;

(b)the results of any such exercise.

(2)Information to which this Article applies may be disclosed by or on behalf of the Comptroller and Auditor General if the disclosure is—

(a)for or in connection with a purpose for which the data matching exercise is conducted;

(b)to a body mentioned in paragraph (3) (or a related party) for or in connection with a function of that body corresponding or similar to the audit functions of the Comptroller and Auditor General or a local government auditor under any statutory provision or the data matching functions of the Comptroller and Auditor General under Article 4A; or

(c)in pursuance of a duty imposed by or under a statutory provision.

(3)The bodies are—

(a)the Audit Commission for Local Authorities and the National Health Service in England;

(b)the Auditor General for Wales;

(c)the Auditor General for Scotland;

(d)the Accounts Commission for Scotland;

(e)Audit Scotland.

(4)Related party”, in relation to a body mentioned in paragraph (3), means—

(a)a body or person acting on its behalf;

(b)a body whose accounts are required to be audited by it or by a person appointed by it;

(c)a person appointed by it to audit those accounts.

(5)If the data used for a data matching exercise include patient data—

(a)paragraph (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body;

(b)paragraph (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6)In paragraph (5)—

(a)patient data” has the same meaning as in Article 4C;

(b)relevant NHS body” means—

(i)a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) applies;

(ii)a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18);

(iii)a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c. 23);

(iv)an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5).

(7)Information disclosed under paragraph (2) may not be further disclosed except—

(a)for or in connection with the purpose for which it was disclosed under sub-paragraph (a) or the function for which it was disclosed under sub-paragraph (b) of that paragraph;

(b)for the investigation or prosecution of an offence (so far as the disclosure does not fall within sub-paragraph (a)); or

(c)in pursuance of a duty imposed by or under a statutory provision.

(8)Except as authorised by paragraphs (2) and (7), a person who discloses information to which this Article applies is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; or

(b)on summary conviction, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.

(9)Article 27 of the Local Government (Northern Ireland) Order 2005 (NI 18) does not apply to information to which this Article applies.

(10)In this Article “body” includes office.

4EPublication

(1)Nothing in Article 4D prevents the Comptroller and Auditor General from publishing a report on a data matching exercise (including on the results of the exercise).

(2)But the report may not include information relating to a particular body or person if—

(a)the body or person is the subject of any data included in the data matching exercise;

(b)the body or person can be identified from the information; and

(c)the information is not otherwise in the public domain.

(3)A report published under this Article may be published in such manner as the Comptroller and Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4)This Article does not affect any powers of the Comptroller and Auditor General or a local government auditor where the data matching exercise in question forms part of an audit carried out by either of them.

4FFees for data matching

(1)The Comptroller and Auditor General may charge a fee to any body required under Article 4B(1) to provide data for a data matching exercise.

(2)But a body whose functions are discharged on behalf of the Crown may not be charged a fee under paragraph (1) except with the consent of the Department.

(3)In addition to the power under paragraph (1), the Comptroller and Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Comptroller and Auditor General and that body or person.

(4)Any fee received by the Comptroller and Auditor General by virtue of this Article is to be paid by him into the Consolidated Fund.

4GCode of data matching practice

(1)The Comptroller and Auditor General must prepare, and keep under review, a code of practice with respect to data matching exercises.

(2)Regard must be had to the code in conducting and participating in any such exercise.

(3)Before preparing or altering the code, the Comptroller and Auditor General must consult the bodies mentioned in Article 4B(2), the Information Commissioner and such other bodies or persons as he thinks fit.

(4)The Comptroller and Auditor General must—

(a)send a copy of the code, and of any alterations made to the code, to the Department and the Department must lay the copy before the Assembly; and

(b)from time to time publish the code as for the time being in force.

4HPowers of the Department

(1)The Department may by order amend Articles 4A to 4G—

(a)to add any purpose mentioned in paragraph (2) to the purposes for which data matching exercises may be conducted;

(b)to modify the application of those Articles in relation to a purpose so added.

(2)The purposes which may be added are—

(a)to assist in the prevention and detection of crime (other than fraud);

(b)to assist in the apprehension and prosecution of offenders;

(c)to assist in the recovery of debt owing to public bodies.

(3)The Department may by order amend Articles 4A to 4G—

(a)to add a public body to the list of bodies in Article 4B(2);

(b)to modify the application of those Articles in relation to a body so added;

(c)to remove a body from that list.

(4)An order under this Article may include such incidental, consequential, supplemental or transitional provision as the Department thinks fit.

(5)An order under this Article is subject to affirmative resolution.

(6)In this Article “public body” means a body or person whose functions—

(a)are functions of a public nature; or

(b)include functions of that nature,

but, in the latter case, the body or person is a public body to the extent only of those functions.

Commencement Information

I192Sch. 7 para. 6 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(j)

I193Sch. 7 para. 6 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)

7In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “ or in respect of data matching ”.

Commencement Information

I194Sch. 7 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)

Section 74(2)

SCHEDULE 8U.K.Abolition of Assets Recovery Agency and its Director

Part 1 U.K.Abolition of confiscation functions

1The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

Commencement Information

I195Sch. 8 para. 1 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

2In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.

Commencement Information

I196Sch. 8 para. 2 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

3In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

Commencement Information

I197Sch. 8 para. 3 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

4In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

Commencement Information

I198Sch. 8 para. 4 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

5(1)Section 16 (statement of information) is amended as follows.U.K.

(2)In subsection (1) omit “or the Director (as the case may be)”.

(3)In subsection (3) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(4)In subsection (4) omit “or Director”.

(5)In subsection (5) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(6)In subsection (6) omit “or the Director”.

Commencement Information

I199Sch. 8 para. 5 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

6In section 17(1) (defendant's response to statement of information) omit “or the Director”.

Commencement Information

I200Sch. 8 para. 6 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

7In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

Commencement Information

I201Sch. 8 para. 7 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

8In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.

Commencement Information

I202Sch. 8 para. 8 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

9(1)Section 20 (no order made: reconsideration of benefit) is amended as follows.U.K.

(2)Omit subsection (3).

(3)In subsection (4)—

(a)omit the words from “If the court” to “to do so,”; and

(b)in paragraph (b) omit “or the Director”.

Commencement Information

I203Sch. 8 para. 9 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

10In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

Commencement Information

I204Sch. 8 para. 10 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

11In section 22(2) (order made: reconsideration of available amount)—

(a)omit paragraph (b); and

(b)in paragraph (c) omit “or 52”.

Commencement Information

I205Sch. 8 para. 11 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

12In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.

Commencement Information

I206Sch. 8 para. 12 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

13(1)Section 26 (information) is amended as follows.U.K.

(2)In subsection (1)(b) omit “or the Director”.

(3)In subsection (2)—

(a)in paragraph (a) omit “or the Director (as the case may be)”; and

(b)in paragraph (b) omit “or the Director”.

Commencement Information

I207Sch. 8 para. 13 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

14(1)Section 27 (defendant convicted or committed) is amended as follows.U.K.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

(4)In subsection (7) omit “or the Director”.

Commencement Information

I208Sch. 8 para. 14 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

15(1)Section 28 (defendant neither convicted nor acquitted) is amended as follows.U.K.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

Commencement Information

I209Sch. 8 para. 15 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

16(1)Section 31 (appeal by prosecutor or Director) is amended as follows.U.K.

(2)In the heading omit “or Director”.

(3)In subsection (1) omit “or the Director”.

(4)In subsection (2) omit “or the Director”.

Commencement Information

I210Sch. 8 para. 16 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

17In section 33(2) (appeal to the House of Lords)—

(a)in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and

(b)omit paragraph (b).

Commencement Information

I211Sch. 8 para. 17 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

18Omit section 34 (Director as enforcement authority).

Commencement Information

I212Sch. 8 para. 18 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

19(1)Section 35 (Director not appointed as enforcement authority) is amended as follows.U.K.

(2)For the heading substitute “ Enforcement as fines ”.

(3)In subsection (1) omit paragraph (b) and the word “and” before it.

Commencement Information

I213Sch. 8 para. 19 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

20Omit sections 36 and 37 (Director appointed as enforcement authority and Director's application for enforcement).

Commencement Information

I214Sch. 8 para. 20 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

21(1)Section 39 (reconsideration etc: variation of prison term) is amended as follows.U.K.

(2)In subsection (5) for “appropriate person” substitute “ prosecutor ”.

(3)Omit subsection (6).

Commencement Information

I215Sch. 8 para. 21 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

22(1)Section 40 (conditions for exercise of powers) is amended as follows.U.K.

(2)In subsection (4)(a) omit “or the Director”.

(3)In subsection (5)(a) omit “or the Director”.

(4)In subsection (6)(a) omit “or the Director”.

(5)In subsection (8)(b) omit “or the Director (as the case may be)”.

Commencement Information

I216Sch. 8 para. 22 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

23In section 42(2) (application, discharge and variation) omit paragraph (b).

Commencement Information

I217Sch. 8 para. 23 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

24Omit sections 52 and 53 (Director's receivers).

Commencement Information

I218Sch. 8 para. 24 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

25Omit sections 56 and 57 (Director's receivers and sums received by Director).

Commencement Information

I219Sch. 8 para. 25 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

26In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “ or 50 ”.

Commencement Information

I220Sch. 8 para. 26 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

27Omit section 60 (Director's receivers).

Commencement Information

I221Sch. 8 para. 27 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

28In section 61 (protection) for “, 50 or 52” substitute “ or 50 ”.

Commencement Information

I222Sch. 8 para. 28 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

29In section 62(1) (further applications) for “, 50 or 52” substitute “ or 50 ”.

Commencement Information

I223Sch. 8 para. 29 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

30In section 63(1) (discharge and variation)—

(a)for “to 53” substitute “ to 51 ”; and

(b)in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

Commencement Information

I224Sch. 8 para. 30 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

31(1)Section 64 (management receivers: discharge) is amended as follows.U.K.

(2)In subsection (1)(b) omit the words from “or” to “section 52”.

(3)Omit subsection (3).

Commencement Information

I225Sch. 8 para. 31 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

32(1)Section 65 (appeal to Court of Appeal) is amended as follows.U.K.

(2)In subsection (1) omit “or section 53”.

(3)In subsection (2) omit “or section 53”.

(4)In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

Commencement Information

I226Sch. 8 para. 32 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

33In section 67(4) (seized money) omit paragraph (c).

Commencement Information

I227Sch. 8 para. 33 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

34In section 69(1) (powers of court and receiver)—

(a)in paragraph (a) for “60” substitute “ 59 ”; and

(b)in paragraph (b) for “, 50 or 52” substitute “ or 50 ”.

Commencement Information

I228Sch. 8 para. 34 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

35In section 74(1) (enforcement abroad)—

(a)in paragraph (b) omit “or the Director”; and

(b)in paragraph (c) omit “or the Director (as the case may be)”.

Commencement Information

I229Sch. 8 para. 35 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

36In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.

Commencement Information

I230Sch. 8 para. 36 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

37In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

Commencement Information

I231Sch. 8 para. 37 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

38In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

Commencement Information

I232Sch. 8 para. 38 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

39(1)Section 166 (statement of information) is amended as follows.U.K.

(2)In subsection (1) omit “or the Director (as the case may be)”.

(3)In subsection (3) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(4)In subsection (4) omit “or Director”.

(5)In subsection (5) omit—

(a)“or the Director (as the case may be)”; and

(b)“or the Director”.

(6)In subsection (6) omit “or the Director”.

Commencement Information

I233Sch. 8 para. 39 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

40In section 167(1) (defendant's response to statement of information) omit “or the Director”.

Commencement Information

I234Sch. 8 para. 40 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

41In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

Commencement Information

I235Sch. 8 para. 41 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

42In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.

Commencement Information

I236Sch. 8 para. 42 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

43(1)Section 170 (no order made: reconsideration of benefit) is amended as follows.U.K.

(2)Omit subsection (3).

(3)In subsection (4)—

(a)omit the words from “If the court” to “to do so,”; and

(b)in paragraph (b) omit “or the Director”.

Commencement Information

I237Sch. 8 para. 43 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

44In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

Commencement Information

I238Sch. 8 para. 44 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

45In section 172(2) (order made: reconsideration of available amount)—

(a)omit paragraph (b); and

(b)in paragraph (c) omit “or 200”.

Commencement Information

I239Sch. 8 para. 45 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

46In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.

Commencement Information

I240Sch. 8 para. 46 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

47(1)Section 176 (information) is amended as follows.U.K.

(2)In subsection (1)(b) omit “or the Director”.

(3)In subsection (2)—

(a)in paragraph (a) omit “or the Director (as the case may be)”; and

(b)in paragraph (b) omit “or the Director”.

Commencement Information

I241Sch. 8 para. 47 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

48(1)Section 177 (defendant convicted or committed) is amended as follows.U.K.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

(4)In subsection (7) omit “or the Director”.

Commencement Information

I242Sch. 8 para. 48 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

49(1)Section 178 (defendant neither convicted nor acquitted) is amended as follows.U.K.

(2)In subsection (3)(a) omit “or the Director”.

(3)In subsection (5)(b) omit “or the Director (as the case may be)”.

Commencement Information

I243Sch. 8 para. 49 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

50(1)Section 181 (appeal by prosecutor or Director) is amended as follows.U.K.

(2)In the heading omit “or Director”.

(3)In subsection (1) omit “or the Director”.

(4)In subsection (2) omit “or the Director”.

Commencement Information

I244Sch. 8 para. 50 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

51In section 183(2) (appeal to the House of Lords)—

(a)in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and

(b)omit paragraph (b).

Commencement Information

I245Sch. 8 para. 51 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

52Omit section 184 (Director as enforcement authority).

Commencement Information

I246Sch. 8 para. 52 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

53Omit section 186 (Director's application for enforcement).

Commencement Information

I247Sch. 8 para. 53 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

54(1)Section 188 (reconsideration etc: variation of prison term) is amended as follows.U.K.

(2)In subsection (5) for “appropriate person” substitute “ prosecutor ”.

(3)Omit subsection (6).

Commencement Information

I248Sch. 8 para. 54 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

55(1)Section 189 (conditions for exercise of powers) is amended as follows.U.K.

(2)In subsection (4)(a) omit “or the Director”.

(3)In subsection (5)(a) omit “or the Director”.

(4)In subsection (6)(a) omit “or the Director”.

(5)In subsection (8)(b) omit “or the Director (as the case may be)”.

Commencement Information

I249Sch. 8 para. 55 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

56In section 191(2) (application, discharge and variation) omit paragraph (b).

Commencement Information

I250Sch. 8 para. 56 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

57Omit sections 200 and 201 (Director's receivers).

Commencement Information

I251Sch. 8 para. 57 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

58Omit sections 204 and 205 (Director's receivers and sums received by Director).

Commencement Information

I252Sch. 8 para. 58 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

59In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I253Sch. 8 para. 59 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

60Omit section 208 (Director's receivers).

Commencement Information

I254Sch. 8 para. 60 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

61In section 209 (protection) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I255Sch. 8 para. 61 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

62(1)Section 210 (further applications) is amended as follows.U.K.

(2)In subsection (1) for “, 198 or 200” substitute “ or 198 ”.

(3)In subsection (2)(b) omit “or 200”.

(4)In subsection (3) omit “or 200”.

Commencement Information

I256Sch. 8 para. 62 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

63In section 211(1) (discharge and variation)—

(a)for “any of sections 198 to 201” substitute “ section 198 or 199 ”; and

(b)in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

Commencement Information

I257Sch. 8 para. 63 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

64(1)Section 212 (management receivers: discharge) is amended as follows.U.K.

(2)In subsection (1)(b) omit the words from “or” to “section 200”.

(3)Omit subsection (3).

Commencement Information

I258Sch. 8 para. 64 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

65(1)Section 213 (appeal to Court of Appeal) is amended as follows.U.K.

(2)In subsection (1) omit “or section 201”.

(3)In subsection (2) omit “or section 201”.

(4)In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

Commencement Information

I259Sch. 8 para. 65 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

66In section 215(4) (seized money) omit paragraph (d).

Commencement Information

I260Sch. 8 para. 66 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

67In section 217(1) (powers of court and receiver)—

(a)in paragraph (a) for “208” substitute “ 207 ”; and

(b)in paragraph (b) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I261Sch. 8 para. 67 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

68In section 222(1) (enforcement abroad)—

(a)in paragraph (b) omit “or the Director”; and

(b)in paragraph (c) omit “or the Director (as the case may be)”.

Commencement Information

I262Sch. 8 para. 68 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

69In section 417(2) (insolvency etc: modifications of the 1986 Act)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

Commencement Information

I263Sch. 8 para. 69 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

70(1)Section 418 (restriction of powers) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

Commencement Information

I264Sch. 8 para. 70 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

71In section 419(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I265Sch. 8 para. 71 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

72In section 420(2) (modifications of the 1985 Act)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

Commencement Information

I266Sch. 8 para. 72 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

73(1)Section 421 (restriction of powers) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

Commencement Information

I267Sch. 8 para. 73 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

74In section 422(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I268Sch. 8 para. 74 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

75In section 423(2) (modifications of the 1989 Order)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

Commencement Information

I269Sch. 8 para. 75 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

76(1)Section 424 (restriction of powers) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

(3)In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

Commencement Information

I270Sch. 8 para. 76 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

77In section 425(2)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I271Sch. 8 para. 77 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

78(1)Section 426 (winding up under the 1986 Act) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I272Sch. 8 para. 78 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

79In section 427(3)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I273Sch. 8 para. 79 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

80(1)Section 428 (winding up under the 1989 Order) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I274Sch. 8 para. 80 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

81In section 429(3)(b) (tainted gifts)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I275Sch. 8 para. 81 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

82(1)Section 430 (floating charges) is amended as follows.U.K.

(2)In subsection (2)—

(a)in paragraph (b) omit “or 52”; and

(b)in paragraph (d) omit “or 200”.

(3)In subsection (5)—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I276Sch. 8 para. 82 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

83In section 432(7) (insolvency practitioners)—

(a)in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “ or 55(3) ”; and

(b)in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “ or 203(3) ”.

Commencement Information

I277Sch. 8 para. 83 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

84In Schedule 10 (tax), in paragraph 1—

(a)in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

(b)in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I278Sch. 8 para. 84 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 2 U.K.Transfer of civil recovery functions

85The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

Commencement Information

I279Sch. 8 para. 85 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

86In section 246(7) (application for interim receiving order) for “Agency” substitute “ enforcement authority ”.

Commencement Information

I280Sch. 8 para. 86 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

87After section 272(6) (compensation for loss in relation to associated and joint property) insert—

(7)In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.

Commencement Information

I281Sch. 8 para. 87 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

88(1)Section 280 (applying realised proceeds) is amended as follows.U.K.

(2)In subsection (3)—

(a)for “Director” substitute “ enforcement authority (unless it is the Scottish Ministers) ”; and

(b)for “him” substitute “ it ”.

(3)In subsection (4) for “Agency” substitute “ enforcement authority concerned ”.

Commencement Information

I282Sch. 8 para. 88 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

89After section 283(9) (compensation) insert—

(10)In the case of an enforcement authority in relation to England and Wales or Northern Ireland—

(a)the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and

(b)the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.

Commencement Information

I283Sch. 8 para. 89 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

90Omit section 313 (restriction on performance of Director's functions by police).

Commencement Information

I284Sch. 8 para. 90 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

91(1)Section 316 (general interpretation: Part 5) is amended as follows.U.K.

(2)In subsection (1), in the definition of “enforcement authority”—

(a)for paragraph (a) substitute—

(a)in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,; and

(b)after paragraph (b) insert—

(c)in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,.

(3)After subsection (8) insert—

(8A)In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.

Commencement Information

I285Sch. 8 para. 91 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 3 U.K.Transfer or abolition of Revenue functions

92The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.

Commencement Information

I286Sch. 8 para. 92 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

93(1)Section 317 (Director's general Revenue functions) is amended as follows.U.K.

(2)In the heading for “Director's” substitute “ SOCA's ”.

(3)In subsection (1) for “the Director” substitute “ SOCA ”.

(4)In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

(5)In subsection (3) for “the Director” substitute “ SOCA ”.

(6)In subsection (4) for “The Director” substitute “ SOCA ”.

(7)In subsection (6) for “the Director” substitute “ SOCA ”.

(8)In subsection (7) for “the Director” substitute “ SOCA ”.

(9)In subsection (8)(b) for “the Director” substitute “ SOCA ”.

Commencement Information

I287Sch. 8 para. 93 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

94(1)Section 318 (Revenue functions regarding employment) is amended as follows.U.K.

(2)In subsection (1)(a) for “the Director” substitute “ SOCA ”.

(3)In subsection (2) for “the Director” substitute “ SOCA ”.

(4)In subsection (3)(a) for “the Director” substitute “ SOCA ”.

(5)In subsection (4) for “the Director” substitute “ SOCA ”.

Commencement Information

I288Sch. 8 para. 94 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

95(1)Section 319 (source of income) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “the Director” substitute “ SOCA ”;

(b)for “him” substitute “ it ”; and

(c)for “he” substitute “ SOCA ”.

(3)In subsection (2) for “the Director” substitute “ SOCA ”.

(4)In subsection (3)—

(a)for “the Director” substitute “ SOCA ”; and

(b)for “him” substitute “ SOCA ”.

Commencement Information

I289Sch. 8 para. 95 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

96(1)Section 320 (appeals) is amended as follows.U.K.

(2)In subsection (1) for “the Director” substitute “ SOCA ”.

(3)In subsection (2)—

(a)for “the Director” substitute “ SOCA ”; and

(b)for “his” substitute “ its ”.

Commencement Information

I290Sch. 8 para. 96 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

97(1)Section 321 (Director's functions: transfers of value) is amended as follows.U.K.

(2)In the heading for “Director's” substitute “ SOCA's ”.

(3)In subsection (1)—

(a)for “the Director” substitute “ SOCA ”; and

(b)in paragraph (b) for “it” substitute “ the transfer of value ”.

(4)In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

(5)In subsection (3) for “the Director” substitute “ SOCA ”.

(6)In subsection (4) for “The Director” substitute “ SOCA ”.

(7)In subsection (5) for “the Director” substitute “ SOCA ”.

(8)In subsection (6) for “the Director” substitute “ SOCA ”.

Commencement Information

I291Sch. 8 para. 97 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

98(1)Section 322 (Director's functions: certain settlements) is amended as follows.U.K.

(2)In the heading for “Director's” substitute “ SOCA's ”.

(3)In subsection (1) for “the Director” substitute “ SOCA ”.

(4)In subsection (2)—

(a)for “the Director”, in both places where it appears, substitute “ SOCA ”; and

(b)in paragraph (c) for “he” substitute “ SOCA ”.

(5)In subsection (3) for “the Director” substitute “ SOCA ”.

(6)In subsection (4) for “The Director” substitute “ SOCA ”.

(7)In subsection (5) for “the Director” substitute “ SOCA ”.

(8)In subsection (6) for “the Director” substitute “ SOCA ”.

Commencement Information

I292Sch. 8 para. 98 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

99(1)Section 324 (exercise of Revenue functions) is amended as follows.U.K.

(2)In subsection (1) for “the Director” substitute “ SOCA ”.

(3)In subsection (2) for “Paragraph (b) of section 1(6)” substitute “ Section 2B(2) ”.

(4)In subsection (3) for “The Director” substitute “ SOCA ”.

(5)In subsection (4) for “The Director” substitute “ SOCA ”.

(6)In subsection (5)—

(a)for “The Director” substitute “ SOCA ”; and

(b)for “they” substitute “ the Board ”.

Commencement Information

I293Sch. 8 para. 99 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

100(1)Section 325 (declarations) is amended as follows.U.K.

(2)Omit subsection (1).

(3)For subsection (2) substitute—

(2)Every member of SOCA's staff who is assigned to carry out any of SOCA's functions under this Part must, as soon as practicable after being so assigned, make a declaration in the form set out in Schedule 8 before a person nominated by the Director General of SOCA for the purpose.

Commencement Information

I294Sch. 8 para. 100 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

101(1)Schedule 8 (forms of declarations) is amended as follows.U.K.

(2)Omit the words from “The Director”, where it first appears, to “by law.””, where it first appears.

(3)For “The Staff Of The Agency” substitute “ SOCA's Staff ”.

(4)For “authorised by the Director of the Assets Recovery Agency” substitute “ assigned by SOCA ”.

(5)For “to the Director” substitute “ to SOCA ”.

(6)For “his” substitute “ its ”.

Commencement Information

I295Sch. 8 para. 101 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

102The Secretary of State may by order—

(a)repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and

(b)make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.

Commencement Information

I296Sch. 8 para. 102 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 4 U.K.Transfer of investigation functions

103The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

Commencement Information

I297Sch. 8 para. 103 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

104In section 351(5) (supplementary)—

(a)after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

(b)after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

Commencement Information

I298Sch. 8 para. 104 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

105(1)Section 352 (search and seizure warrants) is amended as follows.U.K.

(2)In subsection (5)(b) for “named member of the staff of the Agency” substitute “ member of SOCA's staff or of the staff of the relevant Director ”.

(3)After subsection (5) insert—

(5A)In this Part “relevant Director”—

(a)in relation to England and Wales, means the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office; and

(b)in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I299Sch. 8 para. 105 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

106In section 353(10)(b) (requirements where production order not available) for “the staff of the Agency” substitute “ SOCA's staff or of the staff of the relevant Director ”.

Commencement Information

I300Sch. 8 para. 106 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

107(1)Section 356 (further provisions: civil recovery) is amended as follows.U.K.

(2)Omit subsection (6).

(3)In subsection (11)(a) (as inserted by Schedule 10) for “the Director” substitute “ an appropriate officer ”.

Commencement Information

I301Sch. 8 para. 107 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

108(1)Section 357 (disclosure orders) is amended as follows.U.K.

(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

I302Sch. 8 para. 108 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

109(1)Section 361 (further provisions) is amended as follows.U.K.

(2)In subsection (7) for “The Director” substitute “ An appropriate officer ”.

(3)In subsection (9) for “the Director” substitute “ an appropriate officer ”.

Commencement Information

I303Sch. 8 para. 109 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

110(1)Section 362 (supplementary) is amended as follows.U.K.

(2)In subsection (3)(a) for “Director” substitute “ person who applied for the order ”.

(3)After subsection (4) insert—

(4A)If a member of SOCA's staff or a person falling within a description of persons specified by virtue of section 357(9) applies for a disclosure order, an application to discharge or vary the order need not be by the same member of SOCA's staff or (as the case may be) the same person falling within that description.

(4B)References to a person who applied for a disclosure order must be construed accordingly.

(4)In subsection (5) for “(4)” substitute “ (4B) ”.

Commencement Information

I304Sch. 8 para. 110 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

111(1)Section 369 (supplementary) is amended as follows.U.K.

(2)In subsection (5)—

(a)after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

(b)after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

(3)In subsection (7) after “investigator,” insert “ a member of SOCA's staff, ”.

Commencement Information

I305Sch. 8 para. 111 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

112In section 375(4) (supplementary)—

(a)after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and

(b)after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.

Commencement Information

I306Sch. 8 para. 112 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

113Omit section 376 (evidence overseas).

Commencement Information

I307Sch. 8 para. 113 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

114(1)Section 377 (code of practice) is amended as follows.U.K.

(2)In the heading after “practice” insert “ of Secretary of State etc. ”.

(3)In subsection (1)—

(a)in paragraph (a) for “the Director” substitute “ the Director General of SOCA ”; and

(b)in paragraph (b) for “members of the staff of the Agency” substitute “ other members of SOCA's staff ”.

(4)In subsection (9)—

(a)after “officer” insert “ or the relevant authority ”; and

(b)for “he” substitute “ either ”.

Commencement Information

I308Sch. 8 para. 114 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

115After section 377 (code of practice of Secretary of State etc.) insert—

377ACode of practice of Attorney General or Advocate General for Northern Ireland

(1)The Attorney General must prepare a code of practice as to—

(a)the exercise by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions and the Director of the Serious Fraud Office of functions they have under this Chapter; and

(b)the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to England and Wales as the relevant authority.

(2)The Advocate General for Northern Ireland must prepare a code of practice as to—

(a)the exercise by the Director of Public Prosecutions for Northern Ireland of functions he has under this Chapter; and

(b)the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to Northern Ireland as the relevant authority.

(3)After preparing a draft of the code the Attorney General or (as the case may be) the Advocate General for Northern Ireland—

(a)must publish the draft;

(b)must consider any representations made to him about the draft;

(c)may amend the draft accordingly.

(4)After the Attorney General or the Advocate General for Northern Ireland has proceeded under subsection (3) he must lay the code before Parliament.

(5)When the code has been so laid the Attorney General or (as the case may be) the Advocate General for Northern Ireland may bring the code into operation on such day as he may appoint by order.

(6)A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter to which the code relates.

(7)If such a person fails to comply with any provision of such a code of practice the person is not by reason only of that failure liable in any criminal or civil proceedings.

(8)But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

(9)The Attorney General or (as the case may be) the Advocate General for Northern Ireland may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

(10)In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

Commencement Information

I309Sch. 8 para. 115 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(m)

I310Sch. 8 para. 115 in force at 1.4.2008 in so far as not already in force by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

116(1)Section 378 (officers) is amended as follows.U.K.

(2)In subsection (1)(a) for “the Director” substitute “ a member of SOCA's staff ”.

(3)In subsection (2)(a) for “the Director” substitute “ a senior member of SOCA's staff ”.

(4)In subsection (3) for the words from “the Director”, where it first appears, to the end of the subsection substitute

(a)a member of SOCA's staff or the relevant Director is an appropriate officer;

(b)a senior member of SOCA's staff is a senior appropriate officer.

(5)In subsection (5) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

(6)Omit subsection (7).

(7)After subsection (7) insert—

(8)For the purposes of this Part a senior member of SOCA's staff is—

(a)the Director General of SOCA; or

(b)any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose.

Commencement Information

I311Sch. 8 para. 116 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

117In section 416(2) (other interpretative provisions)—

(a)after the entry for production order insert—

relevant authority: section 357(7) to (9)

relevant Director: section 352(5A); and

(b)at the end insert— “ senior member of SOCA's staff: section 378(8). ”

Commencement Information

I312Sch. 8 para. 117 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

118After section 449 (pseudonyms) insert—

449AStaff of relevant Directors: pseudonyms

(1)This section applies to a member of the staff of the relevant Director if—

(a)the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and

(b)it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name.

(2)The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym.

(3)For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym.

(4)In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.

(5)The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf.

(6)In this section “relevant Director” has the meaning given by section 352(5A).

Commencement Information

I313Sch. 8 para. 118 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

119(1)Section 459 (orders and regulations) is amended as follows.U.K.

(2)In subsection (3) after “instrument” insert “ (other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))) ”.

(3)In subsection (4)(a) after “377(4)” insert “ , 377A(5) ”.

(4)After subsection (6)(a) insert—

(aa)by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;.

(5)After subsection (7) insert—

(8)In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.

Commencement Information

I314Sch. 8 para. 119 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 5 U.K.Transfer of accreditation and training functions

120(1)Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “Director” substitute “ National Policing Improvement Agency ”; and

(b)for “establish” substitute “ provide ”.

(3)Omit subsection (6).

(4)In subsection (7) for “Director” substitute “ National Policing Improvement Agency ”.

(5)Omit subsection (8).

Commencement Information

I315Sch. 8 para. 120 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 6 U.K.Other amendments to 2002 Act

121The Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I316Sch. 8 para. 121 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

122In the heading for Part 1 for “Assets Recovery Agency” substitute “ Introductory ”.

Commencement Information

I317Sch. 8 para. 122 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

123Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director's general functions).

Commencement Information

I318Sch. 8 para. 123 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

124After section 2 insert—

2AContribution to the reduction of crime

(1)A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.

(2)In this section “a relevant authority” means—

(a)SOCA,

(b)the Director of Public Prosecutions,

(c)the Director of Public Prosecutions for Northern Ireland,

(d)the Director of Revenue and Customs Prosecutions, or

(e)the Director of the Serious Fraud Office.

(3)In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by—

(a)in the case of SOCA, the Secretary of State,

(b)in the case of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, the Attorney General, and

(c)in the case of the Director of Public Prosecutions for Northern Ireland, the Advocate General for Northern Ireland.

(4)The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.

(5)The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland.

2BSOCA and members of SOCA's staff

(1)For the purposes of this Act SOCA is the Serious Organised Crime Agency.

(2)Anything which SOCA is authorised or required to do under this Act (whether directly or through its staff) may be done by a person providing services under arrangements made by SOCA if the person is authorised by SOCA (whether generally or specifically) for that purpose.

(3)References in this Act to members of SOCA's staff are to be read in accordance with paragraph 8(4) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c. 15) (employees of SOCA or persons seconded to SOCA to serve as members of its staff).

2CProsecuting authorities

(1)Anything which the Director of Public Prosecutions is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director (generally or specifically) for that purpose.

(2)Anything which the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a member of his staff if the member of staff is authorised by the Director concerned (generally or specifically) for that purpose.

(3)Anything which a relevant Director or a member of his staff is authorised or required to do under, or in relation to, Part 5 or 8 of this Act may be done by a person providing services under arrangements made by the relevant Director if the person is authorised by the relevant Director (whether generally or specifically) for that purpose.

(4)In this section “relevant Director” means—

(a)the Director of Public Prosecutions,

(b)the Director of Public Prosecutions for Northern Ireland,

(c)the Director of Revenue and Customs Prosecutions, or

(d)the Director of the Serious Fraud Office.

Commencement Information

I319Sch. 8 para. 124 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

125Omit sections 4 and 5 (co-operation and advice and assistance for Secretary of State).

Commencement Information

I320Sch. 8 para. 125 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

126In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

Commencement Information

I321Sch. 8 para. 126 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

127In section 331(4) (failure to disclose: nominated officers in the regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

Commencement Information

I322Sch. 8 para. 127 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

128In section 332(4) (failure to disclose: other nominated officers) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

Commencement Information

I323Sch. 8 para. 128 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

129In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

Commencement Information

I324Sch. 8 para. 129 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

130In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime Agency” substitute “ SOCA ”.

Commencement Information

I325Sch. 8 para. 130 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

131For section 435 (use of information by Director) substitute—

435Use of information by certain Directors

(1)Information obtained by or on behalf of the Director in connection with the exercise of any of his functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his other functions (whether under, or in relation to, either Part, another Part of this Act or otherwise).

(2)Information obtained by or on behalf of the Director in connection with the exercise of any of his functions (whether under, or in relation to, this Act or otherwise) which are not functions under, or in relation to, Part 5 or 8 may be used by him in connection with his exercise of any of his functions under, or in relation to, Part 5 or 8.

(3)This section applies to information obtained before the coming into force of the section as well as to information obtained after the coming into force of the section.

(4)In this section “the Director” means—

(a)the Director of Public Prosecutions;

(b)the Director of the Serious Fraud Office; or

(c)the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I326Sch. 8 para. 131 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

132(1)Section 436 (disclosure of information to Director) is amended as follows.U.K.

(2)In the heading for “Director” substitute “ certain Directors ”.

(3)In subsection (1)—

(a)for “this section” substitute “ subsection (10) ”; and

(b)after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

(4)In subsection (5), omit paragraph (b) and (ga).

(5)After subsection (9) insert—

(10)In this section “the Director” has the same meaning as in section 435.

Commencement Information

I327Sch. 8 para. 132 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

133(1)Section 437 (further disclosure) is amended as follows.U.K.

(2)In subsection (2)(a) after “functions” insert “ under, or in relation to, Part 5 or 8 ”.

(3)After subsection (6) insert—

(7)In this section “the Director” has the same meaning as in section 435.

Commencement Information

I328Sch. 8 para. 133 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

134(1)Section 438 (disclosure of information by Director) is amended as follows.U.K.

(2)In the heading for “Director” substitute “ certain Directors ”.

(3)In subsection (1)—

(a)after “functions”, where it first appears, insert “ under, or in relation to, Part 5 or 8 ”;

(b)in paragraph (c) after “functions” insert “ under, or in relation to, Part 5 or 8 ”; and

(c)after paragraph (f) insert—

(fa)the exercise of any functions of SOCA, another Director or the Director of Revenue and Customs Prosecutions under, or in relation to, Part 5 or 8;.

(4)Omit subsections (2) to (4).

(5)After subsection (8) insert—

(8A)This section does not affect a power to disclose which exists apart from this section.

(8B)This section applies to information obtained before the coming into force of subsection (10) as well as to information obtained after the coming into force of that subsection.

(6)After subsection (9) insert—

(10)In this section “the Director” has the same meaning as in section 435.

Commencement Information

I329Sch. 8 para. 134 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

135In section 439(5) (disclosure of information to Lord Advocate and to Scottish Ministers)—

(a)in paragraph (b) for “the Director General of the Serious Organised Crime Agency” substitute “ SOCA but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act ”; and

(b)after paragraph (f) insert—

(fa)the Director of Revenue and Customs Prosecutions;.

Commencement Information

I330Sch. 8 para. 135 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

136In section 441(2) (disclosure of information by Lord Advocate and by Scottish Ministers) for paragraph (f) substitute—

(fa)the exercise of the functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland under, or in relation to, Part 5 or 8;.

Commencement Information

I331Sch. 8 para. 136 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

137(1)Section 443 (enforcement in different parts of the United Kingdom) is amended as follows.U.K.

(2)In subsection (3)(a) for “and the Director” substitute “ , SOCA and the relevant Director ”.

(3)After subsection (4) insert—

(5)In this section “relevant Director” has the meaning given by section 352(5A).

Commencement Information

I332Sch. 8 para. 137 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

138In section 444(4)(d) (external requests and orders) for “the Director” substitute “ SOCA ”.

Commencement Information

I333Sch. 8 para. 138 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

139In section 445(2)(b) (external investigations) for the words from “the Director”, where it first appears, to “Agency” substitute “ SOCA, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of Revenue and Customs Prosecutions ”.

Commencement Information

I334Sch. 8 para. 139 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

140(1)Section 449 (agency staff: pseudonyms) is amended as follows.U.K.

(2)In the heading for “Agency” substitute “ SOCA's ”.

(3)In subsection (1)—

(a)for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”; and

(b)for “authorised (generally or specifically) by the Director” substitute “ assigned by SOCA ”.

(4)In subsection (2)—

(a)for “The Director” substitute “ An authorised person ”; and

(b)for “the staff of the Agency” substitute “ SOCA's staff ”.

(5)In subsection (3)—

(a)for “the Director” substitute “ an authorised person ”; and

(b)for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”.

(6)In subsection (4) for “the staff of the Agency” substitute “ SOCA's staff ”.

(7)Omit subsection (5).

(8)After subsection (5) insert—

(6)In this section “authorised person” means a member of SOCA's staff authorised by SOCA for the purposes of this section.

Commencement Information

I335Sch. 8 para. 140 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

141After section 460(2) (finance) insert—

(3)Subject to anything in this Act—

(a)any sums received by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office in consequence of this Act are to be paid into the Consolidated Fund; and

(b)any sums received by the Director of Public Prosecutions for Northern Ireland in consequence of this Act are to be paid to the Secretary of State.

Commencement Information

I336Sch. 8 para. 141 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

142Omit Schedule 1 (the Assets Recovery Agency).

Commencement Information

I337Sch. 8 para. 142 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Part 7 U.K.Amendments to other enactments

Parliamentary Commissioner Act 1967 (c. 13)U.K.

143(1)Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.U.K.

(2)Omit the entry for “The Director of the Assets Recovery Agency.”.

(3)After the entry for “Sentencing Guidelines Council” insert “ The Serious Organised Crime Agency. ”.

(4)Omit the paragraph in the Notes headed “Assets Recovery Agency”.

(5)After the paragraph in the Notes headed “Ministry of Justice” insert—

Serious Organised Crime Agency

In the case of the Serious Organised Crime Agency, an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty's Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

Commencement Information

I338Sch. 8 para. 143 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Criminal Appeal Act 1968 (c. 19)U.K.

144In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) omit subsection (1A).

Commencement Information

I339Sch. 8 para. 144 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

145In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) of this Act,”.

Commencement Information

I340Sch. 8 para. 145 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)U.K.

146(1)Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) is amended as follows.U.K.

(2)Omit subsection (1A).

(3)In subsection (3) omit “, subject to subsection (1A) above,”.

Commencement Information

I341Sch. 8 para. 146 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Limitation Act 1980 (c. 58)U.K.

147(1)Section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.U.K.

(2)In subsection (2) for “Director's” substitute “ relevant person's ”.

(3)In subsection (4) for “Director's” substitute “ relevant person's ”.

(4)After subsection (7) insert—

(8)In this section “relevant person” means—

(a)the Serious Organised Crime Agency,

(b)the Director of Public Prosecutions,

(c)the Director of Revenue and Customs Prosecutions, or

(d)the Director of the Serious Fraud Office.

Commencement Information

I342Sch. 8 para. 147 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))U.K.

148(1)Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under Part 2 of the Order) is amended as follows.U.K.

(2)In sub-paragraph (1)(a) omit “or 204(3)”.

(3)In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Commencement Information

I343Sch. 8 para. 148 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Prosecution of Offences Act 1985 (c. 23)U.K.

149In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), after paragraph (fe), insert—

(ff)to discharge such duties as are conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations);.

Commencement Information

I344Sch. 8 para. 149 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Bankruptcy (Scotland) Act 1985 (c. 66)U.K.

150In section 31A(1)(b) of the Bankruptcy (Scotland) Act 1985 (property subject to restraint order)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I345Sch. 8 para. 150 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Insolvency Act 1986 (c. 45)U.K.

151In section 306A(1)(b) of the Insolvency Act 1986 (property subject to restraint order)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I346Sch. 8 para. 151 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Criminal Justice Act 1987 (c. 38)U.K.

152After section 1(6) of the Criminal Justice Act 1987 (functions of the Director of the Serious Fraud Office) insert—

(6A)The Director has the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Commencement Information

I347Sch. 8 para. 152 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))U.K.

153(1)Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.U.K.

(2)In paragraph (2) for “Director's” substitute “ relevant person's ”.

(3)In paragraph (4) for “Director's” substitute “ relevant person's ”.

(4)After paragraph (7) insert—

(8)In this Article “relevant person” means—

(a)the Serious Organised Crime Agency,

(b)the Director of the Serious Fraud Office, or

(c)the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I348Sch. 8 para. 153 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))U.K.

154In Article 279A(1)(b) of the Insolvency (Northern Ireland) Order 1989 (property subject to restraint order)—

(a)omit “52,”; and

(b)for “, 198 or 200” substitute “ or 198 ”.

Commencement Information

I349Sch. 8 para. 154 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Police Act 1996 (c. 16)U.K.

155(1)Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.U.K.

(2)In subsection (1) omit paragraph (ce).

(3)In subsection (6)(a) omit “(ce),”.

(4)In subsection (8) omit “(ce),”.

Commencement Information

I350Sch. 8 para. 155 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Police (Northern Ireland) Act 1998 (c. 32)U.K.

156(1)Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows.U.K.

(2)In subsection (1) omit paragraph (ca).

(3)In subsection (5)(b) omit “(ca),”.

(4)In subsection (7) omit “(ca),”.

Commencement Information

I351Sch. 8 para. 156 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

157After section 60ZA(6) of that Act (SOCA) insert—

(7)An agreement or order under this section must not provide for procedures in relation to so much of any complaint or matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

Commencement Information

I352Sch. 8 para. 157 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Northern Ireland Act 1998 (c. 47)U.K.

158(1)In section 75(4A) of the Northern Ireland Act 1998 (statutory duty on public authorities) after “offences” insert “ or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) ”.U.K.

(2)After section 76(10) of that Act (discrimination by public authorities) insert—

(11)The reference in subsection (1) to the functions of the Director of Public Prosecutions for Northern Ireland does not include any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Commencement Information

I353Sch. 8 para. 158 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Access to Justice Act 1999 (c. 22)U.K.

159(1)Paragraph 3 of Schedule 2 to the Access to Justice Act 1999 (advocacy in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded as part of the Community Legal Service) is amended as follows.U.K.

(2)In sub-paragraph (1)(b) omit “or 56(3)”.

(3)In sub-paragraph (1)(d) for “to 53” substitute “ to 51 ”.

Commencement Information

I354Sch. 8 para. 159 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Police Reform Act 2002 (c. 30)U.K.

160After section 10(8) of the Police Reform Act 2002 (general functions of the Independent Police Complaints Commission) insert—

(9)Nothing in this Part shall confer any function on the Commission in relation to so much of any complaint, conduct matter or DSI matter as relates to—

(a)any functions of the Serious Organised Crime Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets); or

(b)the functions of the National Policing Improvement Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

Commencement Information

I355Sch. 8 para. 160 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

161After section 26A(4) of that Act (SOCA) insert—

(4A)An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to any functions of the Agency mentioned in section 2A of the Serious Organised Crime and Police Act 2005 (c. 15) (functions as to the recovery of assets).

Commencement Information

I356Sch. 8 para. 161 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

162After section 26B(4) of that Act (National Policing Improvement Agency) insert—

(4A)An agreement under this section must not provide for procedures in relation to so much of any complaint, conduct matter or DSI matter as relates to the functions of the Agency under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators).

Commencement Information

I357Sch. 8 para. 162 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))U.K.

163(1)Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (representation in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal Services Commission) is amended as follows.U.K.

(2)In sub-paragraph (1)(a) omit “or 204(3)”.

(3)In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Commencement Information

I358Sch. 8 para. 163 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commissioners for Revenue and Customs Act 2005 (c. 11)U.K.

164In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—

(a)omit “or” at the end of sub-paragraph (i); and

(b)after sub-paragraph (ii) insert , or

“(iii)in the case of the Director of Revenue and Customs Prosecutions, to exercise his functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29).

Commencement Information

I359Sch. 8 para. 164 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

165After section 35(4) of that Act (functions of the Director of Revenue and Customs Prosecutions) insert—

(4A)The Director has the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

Commencement Information

I360Sch. 8 para. 165 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

166In section 37(1) of that Act (prosecutors) after “section 35” insert “ (excluding any function mentioned in subsection (4A) of that section) ”.

Commencement Information

I361Sch. 8 para. 166 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

167(1)Section 40 of that Act (confidentiality) is amended as follows.U.K.

(2)In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—

(ca)does not apply to a disclosure made for the purposes of—

(i)the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29),

(ii)the exercise of any functions of the Serious Organised Crime Agency under that Act,

(iii)the exercise of any functions of the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act,

(iv)the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act, or

(v)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act,

(cb)does not apply to a disclosure of information obtained in the exercise of functions under the Proceeds of Crime Act 2002 (c. 29) if the disclosure is made for the purposes of the exercise of a function which the Secretary of State thinks is a public function and which he designates by order,.

(3)After subsection (10) insert—

(10A)An order under subsection (2)(cb)—

(a)may include transitional or incidental provision,

(b)shall be made by statutory instrument, and

(c)shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

Commencement Information

I362Sch. 8 para. 167 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

168In section 41(1) of that Act (disclosure of information to Director of Revenue and Customs Prosecutions) after “prosecution” insert “ or for the purpose of the exercise by the Director of his functions under the Proceeds of Crime Act 2002 (c. 29) ”.

Commencement Information

I363Sch. 8 para. 168 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Serious Organised Crime and Police Act 2005 (c. 15)U.K.

169After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—

2AFunctions of SOCA as to the recovery of assets

SOCA has the functions conferred on it (whether directly or through its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating to the recovery of assets).

Commencement Information

I364Sch. 8 para. 169 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(n)

I365Sch. 8 para. 169 in force at 1.4.2008 in so far as not already in force by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

170(1)Section 5 of that Act (SOCA's general powers) is amended as follows.U.K.

(2)In subsection (2)(d) after “or 3” insert “ or mentioned in section 2A, ”.

(3)In subsection (3) after “3” insert “ or mentioned in section 2A ”.

(4)In subsection (4) after “section” insert “ 2A or ”.

Commencement Information

I366Sch. 8 para. 170 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

171After section 19(4) of that Act (charges by SOCA and other receipts) insert—

(4A)Subsection (3) is subject to any provision made by the Proceeds of Crime Act 2002 (c. 29).

Commencement Information

I367Sch. 8 para. 171 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

172(1)Section 33 (disclosure of information by SOCA) of that Act is amended as follows.U.K.

(2)In subsection (2) after paragraph (c) insert—

(ca)the exercise of any function of SOCA mentioned in section 2A (functions relating to the recovery of assets);

(cb)the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29);

(cc)the exercise of any functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;

(cd)the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act;

(ce)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;.

(3)After subsection (2) insert—

(2A)Subsections (1) and (2) do not apply to information obtained by SOCA in connection with the exercise of its functions under Part 6 of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

(2B)But such information may be disclosed by SOCA—

(a)to the Commissioners;

(b)to the Lord Advocate for the purpose of the exercise by the Lord Advocate of his functions under Part 3 of that Act (confiscation: Scotland).

(2C)Information disclosed to the Lord Advocate under subsection (2B)(b) may be further disclosed by him only to the Scottish Ministers for the purpose of the exercise by them of their functions under Part 5 of that Act (civil recovery of the proceeds etc. of unlawful conduct).

(2D)Subsections (1) and (2), so far as relating to disclosure for the purposes of the exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 of that Act, do not apply to information obtained by SOCA in connection with the exercise of any of its functions other than its functions under that Act.

Commencement Information

I368Sch. 8 para. 172 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

173After section 35(1) of that Act (restrictions on further disclosure) insert—

(1A)Subsection (1) does not apply to—

(a)information disclosed by SOCA under section 33 to the Lord Advocate for the purpose of the exercise of any of his functions under Part 3 of the Proceeds of Crime Act 2002; or

(b)information disclosed by SOCA under section 33 to the Scottish Ministers for the purposes of the exercise of any of their functions under, or in relation to, Part 5 of that Act;

but see instead section 441 of the Proceeds of Crime Act 2002.

Commencement Information

I369Sch. 8 para. 173 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

174In paragraph 8 of Schedule 1 to that Act (SOCA's staff) after sub-paragraph (1), insert—

(1A)SOCA must appoint one of its employees as a person with responsibilities in relation to the exercise of SOCA's functions in Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).

Commencement Information

I370Sch. 8 para. 174 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

175In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.

Commencement Information

I371Sch. 8 para. 175 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Gambling Act 2005 (c. 19)U.K.

176In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)—

(a)omit the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service; and

(b)after the entry for the Serious Fraud Office insert— “ The Serious Organised Crime Agency ”.

Commencement Information

I372Sch. 8 para. 176 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Police and Justice Act 2006 (c. 48)U.K.

177(1)Schedule 1 to the Police and Justice Act 2006 (National Policing Improvement Agency) is amended as follows.U.K.

(2)In paragraph 1 (the objects of the Agency)—

(a)after paragraph (e), insert—

(ea)the carrying out of its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators);; and

(b)in paragraph (f) for “(e)” substitute “ (ea) ”.

(3)After paragraph 4(5) (consultation: Scotland or Northern Ireland) insert—

(6)This paragraph does not apply to any exercise of the Agency's power under paragraph 2(1) which is for the purposes of attaining the object mentioned in paragraph 1(ea) (accreditation and training of financial investigators).

(4)After paragraph 6(4) (strategic priorities) insert—

(4A)Before determining strategic priorities for the Agency in relation to its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators), the Secretary of State must (in addition to those required above) consult such other persons as the Secretary of State considers appropriate.

(5)In paragraph 35 (payments by Agency to police authorities) after “objects” insert “ (other than the object mentioned in paragraph 1(ea): accreditation and training of financial investigators) ”.

Commencement Information

I373Sch. 8 para. 177 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)U.K.

178In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc.) omit “Assets Recovery Agency”.

Commencement Information

I374Sch. 8 para. 178 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Section 74(3)

SCHEDULE 9U.K.Transfers to SOCA or NPIA

InterpretationU.K.

1In this Schedule—

  • the Agency” means the Assets Recovery Agency;

  • the Director” means the Director of the Assets Recovery Agency;

  • NPIA” means the National Policing Improvement Agency; and

  • transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Commencement Information

I375Sch. 9 para. 1 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

Director and staff of AgencyU.K.

2(1)A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.U.K.

(2)If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.

(3)If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.

Commencement Information

I376Sch. 9 para. 2 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

3(1)A transfer scheme may provide—U.K.

(a)for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and

(b)for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.

(2)The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.

Commencement Information

I377Sch. 9 para. 3 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

4(1)A transfer scheme may provide—U.K.

(a)for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA by virtue of the scheme;

(b)for anything done before that transfer by, or in relation to, the employer in respect of such a contract or the employee to be treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.

(2)Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA—

(a)did not have a contract of employment; or

(b)held an appointment by virtue of a secondment.

(3)A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).

Commencement Information

I378Sch. 9 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

5(1)A transfer scheme may provide for a person who—U.K.

(a)is the Director or a member of staff of the Agency; and

(b)would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.

(2)A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Commencement Information

I379Sch. 9 para. 5 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

6(1)A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.U.K.

(2)The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.

Commencement Information

I380Sch. 9 para. 6 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

Property, rights and liabilities etc.U.K.

7(1)A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency.U.K.

(2)The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme.

(3)The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be—

(a)treated as done by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA;

(b)continued by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA.

(4)This sub-paragraph applies to—

(a)the Director;

(b)members of staff of the Agency.

(5)The scheme may, in particular, make provision about the continuation of legal proceedings.

Commencement Information

I381Sch. 9 para. 7 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

8A transfer scheme may provide for SOCA or NPIA to make any payment which—

(a)before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but

(b)is not a liability which can be transferred by virtue of paragraph 7.

Commencement Information

I382Sch. 9 para. 8 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

SupplementaryU.K.

9(1)A transfer scheme may contain—U.K.

(a)further provision in connection with any of the matters to which paragraphs 2 to 8 relate;

(b)the provision mentioned in sub-paragraph (3).

(2)The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person's appointment or employment by or by virtue of the scheme.

(3)The provision mentioned in this sub-paragraph is provision—

(a)for the Secretary of State, or any other person nominated by or in accordance with the scheme, to determine any matter requiring determination under or in consequence of the scheme; and

(b)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

Commencement Information

I383Sch. 9 para. 9 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

10Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.

Commencement Information

I384Sch. 9 para. 10 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

11A transfer scheme is not an order of the Secretary of State for the purposes of section 89.

Commencement Information

I385Sch. 9 para. 11 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)

Section 77

SCHEDULE 10U.K.Detained cash investigations: further provision

Amendments to the Proceeds of Crime Act 2002U.K.

1The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

Commencement Information

I386Sch. 10 para. 1 in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 17(1)(d)(i)

I387Sch. 10 para. 1 in force at 18.6.2009 in so far as not already in force by S.S.I. 2009/224, art. 2(1)(d)(i)

2In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.

Commencement Information

I388Sch. 10 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

3In section 343(3) (judges) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I389Sch. 10 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

4In section 344(b) (courts) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I390Sch. 10 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

5In section 350(5)(b) (government departments) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I391Sch. 10 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

6In section 351(8) (supplementary) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I392Sch. 10 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

7(1)Section 352 (search and seizure warrants) is amended as follows.U.K.

(2)In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.

(3)After subsection (5)(b) insert—

(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

Commencement Information

I393Sch. 10 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

8(1)Section 353 (requirements where production order not available) is amended as follows.U.K.

(2)In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.

(3)After subsection (10)(b) insert—

(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

Commencement Information

I394Sch. 10 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

9(1)Section 356 (further provisions: civil recovery) is amended as follows.U.K.

(2)In the heading after “civil recovery” insert “ and detained cash ”.

(3)In subsection (1) after “civil recovery investigations” insert “ or detained cash investigations ”.

(4)In subsection (6) after “If” insert “ , in the case of civil recovery investigations, ”.

(5)In subsection (10) for the words from “if” to “reasonable” substitute “ if the appropriate person has reasonable ”.

(6)After subsection (10) insert—

(11)The appropriate person is—

(a)the Director, if the warrant was issued for the purposes of a civil recovery investigation;

(b)a constable or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation.

Commencement Information

I395Sch. 10 para. 9(1)(5)(6) in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(2) (with arts. 3-14)

I396Sch. 10 para. 9(1)(5)(6) in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 17(1)(d)(ii)

10In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.

Commencement Information

I398Sch. 10 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

11In section 363 (customer information orders) after subsection (1) insert—

(1A)No application for a customer information order may be made in relation to a detained cash investigation.

Commencement Information

I399Sch. 10 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

12In section 370 (account monitoring orders) after subsection (1) insert—

(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.

Commencement Information

I400Sch. 10 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

13In section 378 (officers) after subsection (3) insert—

(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

(b)an officer of Revenue and Customs.

Commencement Information

I401Sch. 10 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

14In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I402Sch. 10 para. 14 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

15In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I403Sch. 10 para. 15 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

16In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I404Sch. 10 para. 16 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

17In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I405Sch. 10 para. 17 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

18In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.

Commencement Information

I406Sch. 10 para. 18 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

19(1)Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.U.K.

(2)In the heading after “civil recovery” insert “ , detained cash ”.

(3)In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.

(4)In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(5)In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(6)In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I407Sch. 10 para. 19 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

20In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.

Commencement Information

I408Sch. 10 para. 20 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

21In section 397 (customer information orders: Scotland) after subsection (1) insert—

(1A)No application for a customer information order may be made in relation to a detained cash investigation.

Commencement Information

I409Sch. 10 para. 21 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

22In section 404 (account monitoring orders: Scotland) after subsection (1) insert—

(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.

Commencement Information