Policing and Crime Act 2009

51 Recovery of expenses etc

(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) In section 55 (sums received by designated officer in England and Wales) for subsection (7) substitute—

“(7) Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

(8) The following fall within this subsection—

(a) a constable,

(b) a person employed by a police authority in England and Wales under section 15 of the Police Act 1996 or a member of staff of the City of London police force,

(c) an accredited financial investigator,

(d) a member of staff of the Crown Prosecution Service,

(e) a member of staff of the Serious Fraud Office,

(f) a member of staff of the Revenue and Customs Prosecutions Office,

(g) a member of staff of the Commissioners for Her Majesty’s Revenue and Customs,

(h) a member of staff of SOCA,

(i) a member of staff of any government department not mentioned above.

(9) It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

(10) The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

(3) In section 203 (sums received by chief clerk in Northern Ireland) for subsection (7) substitute—

“(7) Subsection (4) does not apply in relation to the remuneration of a receiver if the receiver is a person falling within subsection (8).

(8) The following fall within this subsection—

(a) a constable,

(b) a member of staff of the Northern Ireland Policing Board,

(c) an accredited financial investigator,

(d) a member of staff of the Public Prosecution Service for Northern Ireland,

(e) a member of staff of the Serious Fraud Office,

(f) a member of staff of a Northern Ireland department,

(g) a member of staff of the Commissioners for Her Majesty’s Revenue and Customs,

(h) a member of staff of SOCA.

(9) It is immaterial for the purposes of subsection (7) whether a person falls within subsection (8) by virtue of a permanent or temporary appointment or a secondment from elsewhere.

(10) The reference in subsection (8) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”