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Criminal Finances Act 2017

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Section 17

SCHEDULE 1E+W+S+N.I.Powers of members of staff of Serious Fraud Office

This schedule has no associated Explanatory Notes

1The Proceeds of Crime Act 2002 is amended as follows.E+W+S+N.I.

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Commencement Information

I1Sch. 1 para 1 in force at Royal Assent for specified purposes, see s. 58

2(1)Section 2C (prosecuting authorities) is amended as follows.E+W+S+N.I.

(2)In subsection (2) after “Part” insert “ 2, 4, ”.

(3)In subsection (3) after “Part” insert “ 2, 4, ”.

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Commencement Information

I2Sch. 1 para 2 in force at Royal Assent for specified purposes, see s. 58

3In section 47A (meaning of “appropriate officer” for purposes of search and seizure powers under Part 2 of that Act), in subsection (1)—E+W

(a)omit “or” at the end of paragraph (b), and

(b)after that paragraph insert—

(ba)an SFO officer, or.

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Commencement Information

I3Sch. 1 para 3 in force at Royal Assent for specified purposes, see s. 58

4In section 47G (meaning of “appropriate approval” for purposes of section 47C etc), in subsection (3) after paragraph (ab) insert—E+W

(ac)in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,.

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Commencement Information

I4Sch. 1 para 4 in force at Royal Assent for specified purposes, see s. 58

5In section 47M (further detention in other cases where property is detained under section 47J), in subsection (3) after paragraph (b) insert—E+W

(ba)an SFO officer,.

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Commencement Information

I5Sch. 1 para 5 in force at Royal Assent for specified purposes, see s. 58

6In section 47S (codes of practice), after subsection (2) insert—E+W

(2A)The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

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Commencement Information

I6Sch. 1 para 6 in force at Royal Assent for specified purposes, see s. 58

7In section 195A (meaning of “appropriate officer” for purposes of search and seizure powers under Part 4 of that Act), in subsection (1)—N.I.

(a)omit “or” at the end of paragraph (b), and

(b)after that paragraph insert—

(ba)an SFO officer, or.

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Commencement Information

I7Sch. 1 para 7 in force at Royal Assent for specified purposes, see s. 58

8In section 195G (meaning of “appropriate approval” for purposes of section 195C etc), in subsection (3) after paragraph (ab) insert—N.I.

(ac)in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,.

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Commencement Information

I8Sch. 1 para 8 in force at Royal Assent for specified purposes, see s. 58

9In section 195M (further detention in other cases where property is detained under section 195J), in subsection (3) after paragraph (b) insert—N.I.

(ba)an SFO officer,.

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Commencement Information

I9Sch. 1 para 9 in force at Royal Assent for specified purposes, see s. 58

10(1)Section 195S (codes of practice: Secretary of State) is amended as follows.N.I.

(2)In subsection (1)—

(a)in paragraph (a) for “and immigration officers” substitute “ , immigration officers and SFO officers ”, and

(b)in paragraph (c) after “immigration officers” insert “ , SFO officers ”.

(3)In subsection (1A), after paragraph (b) insert—

(c)the Director of the Serious Fraud Office.

(4)After subsection (2) insert—

(2A)The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

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Commencement Information

I10Sch. 1 para 10 in force at Royal Assent for specified purposes, see s. 58

11(1)Section 289 (searches) is amended as follows.E+W+S+N.I.

(2)In subsection (1) after “constable” insert “ , an SFO officer ”.

(3)In subsection (1A)—

(a)in paragraph (a) after “constable” insert “ , an SFO officer ”;

(b)in paragraph (b)—

(i)after “officer” insert “ of Revenue and Customs ”;

(ii)after “constable” insert “ , SFO officer ”.

(4)In subsection (1C)—

(a)after “constable”, in both places where it occurs, insert “ , SFO officer ”;

(b)after “officer”, in the second place where it occurs, insert “ of Revenue and Customs ”.

(5)In subsection (1D)—

(a)after “constable”, in both places where it occurs, insert “ , SFO officer ”;

(b)after “officer”, in the second place where it occurs, insert “ of Revenue and Customs ”.

(6)In subsection (2) after “constable” insert “ , an SFO officer ”.

(7)In subsection (3) after “constable” insert “ , SFO officer ”.

(8)In subsection (4) after “constable” insert “ , SFO officer ”.

(9)In subsection (5), in paragraph (c) after “an” insert “ SFO officer or ”.

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Commencement Information

I11Sch. 1 para 11 in force at Royal Assent for specified purposes, see s. 58

12(1)Section 290 (prior approval) is amended as follows.E+W+S+N.I.

(2)In subsection (4), after paragraph (a) insert—

(aa)in relation to the exercise of a power by an SFO officer, the Director of the Serious Fraud Office,.

(3)In subsection (6), after “constable” insert “, SFO officer.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para 12 in force at Royal Assent for specified purposes, see s. 58

13In section 291 (report on exercise of powers), in subsection (2) after “constable” insert “ , SFO officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para 13 in force at Royal Assent for specified purposes, see s. 58

14(1)Section 292 (code of practice) is amended as follows.E+W+S+N.I.

(2)In subsection (1) after “Customs” insert “ , SFO officers ”.

(3)After subsection (2) insert—

(2A)The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

(4)In subsection (6) after “Customs,” insert “ an SFO officer, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para 14 in force at Royal Assent for specified purposes, see s. 58

15(1)Section 294 (seizure of cash) is amended as follows.E+W+S+N.I.

(2)In subsection (1) after “constable” insert “ , an SFO officer ”.

(3)In subsection (2) after “constable” insert “ , an SFO officer ”.

(4)In subsection (4) after “by” insert “ an SFO officer or ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para 15 in force at Royal Assent for specified purposes, see s. 58

16(1)Section 295 (detention of seized cash) is amended as follows.E+W+S+N.I.

(2)In subsection (1) after “constable” insert “ , SFO officer ”.

(3)In subsection (4)(a) after “constable” insert “ , an SFO officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para 16 in force at Royal Assent for specified purposes, see s. 58

17In section 296 (interest), in subsection (2) after “constable” insert “ , SFO officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 1 para 17 in force at Royal Assent for specified purposes, see s. 58

18In section 297 (release of detained cash), in subsection (4) after “constable” insert “ , SFO officer ”.E+W+S+N.I.

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Commencement Information

I18Sch. 1 para 18 in force at Royal Assent for specified purposes, see s. 58

19In section 297A (forfeiture notice), in subsection (6)—E+W+S+N.I.

(a)omit “or” at the end of paragraph (b), and

(b)after that paragraph insert—

(ba)the Director of the Serious Fraud Office, or.

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Commencement Information

I19Sch. 1 para 19 in force at Royal Assent for specified purposes, see s. 58

20In section 297D (detention following lapse of notice), in subsection (3) after “constable” insert “ , an SFO officer ”.E+W+S+N.I.

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Commencement Information

I20Sch. 1 para 20 in force at Royal Assent for specified purposes, see s. 58

21In section 297F (release of cash subject to forfeiture notice), in subsection (4) after “constable” insert “ , SFO officer ”.E+W+S+N.I.

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Commencement Information

I21Sch. 1 para 21 in force at Royal Assent for specified purposes, see s. 58

22In section 298 (forfeiture), in subsection (1)(a) for “or a constable” substitute “ , a constable or an SFO officer ”.E+W+S+N.I.

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Commencement Information

I22Sch. 1 para 22 in force at Royal Assent for specified purposes, see s. 58

23In section 302 (compensation), after subsection (7) insert—E+W+S+N.I.

(7ZA)If the cash was seized by an SFO officer, the compensation is to be paid by the Director of the Serious Fraud Office.

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Commencement Information

I23Sch. 1 para 23 in force at Royal Assent for specified purposes, see s. 58

24In section 377A (code of practice of Attorney General etc), in subsection (1)(a) after “Prosecutions” insert “ , SFO officers ”.E+W+N.I.

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Commencement Information

I24Sch. 1 para 24 in force at Royal Assent for specified purposes, see s. 58

25(1)Section 378 (appropriate officers and senior appropriate officers for the purposes of investigations under Part 8 of that Act) is amended as follows.E+W+N.I.

(2)In subsection (1) after paragraph (c) insert—

(ca)an SFO officer;.

(3)In subsection (2) after paragraph (b) insert—

(ba)the Director of the Serious Fraud Office;.

(4)In subsection (3A) after paragraph (a) insert—

(aa)an SFO officer;.

(5)In subsection (3AA) after paragraph (a) insert—

(aa)the Director of the Serious Fraud Office;.

(6)In subsection (4) after paragraph (b) insert—

(ba)an SFO officer;.

(7)In subsection (6) after paragraph (a) insert—

(aa)the Director of the Serious Fraud Office;.

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Commencement Information

I25Sch. 1 para 25 in force at Royal Assent for specified purposes, see s. 58

26After section 454 insert—E+W+S+N.I.

454ASerious Fraud Office

For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.

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Commencement Information

I26Sch. 1 para. 26 in force at Royal Assent for specified purposes, see s. 58

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