The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2004

Statutory Instruments

2004 No. 8

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2004

Made

6th January 2004

Laid before Parliament

12th January 2004

Coming into force

16th February 2004

The Secretary of State, in exercise of the powers conferred on him by sections 453 and 459(2) of the Proceeds of Crime Act 2002(1), hereby makes the following Order:

1.  This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2004 and shall come into force on 16th February 2004.

2.  The Schedule to this Order shall have effect.

Caroline Flint

Parliamentary Under-Secretary of State

Home Office

6th January 2004

Article 2

SCHEDULE AMENDMENTS TO THE PROCEEDS OF CRIME ACT 2002 (REFERENCES TO FINANCIAL INVESTIGATORS) ORDER 2003

1.  The Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003(2) is amended as follows.

2.  At the end of the entry in column 2 in respect of section 42(2)(c) insert—

“(k) a member of staff of the Environment Agency; or

(l) a member of staff of the Counter Fraud and Security Management Service(3).”.

3.  At the end of the entry in column 2 in respect of section 68(3)(c) insert—

“(h) the Environment Agency and is not below the grade designated by the Secretary of State for Environment, Food and Rural Affairs as Area Environment Manager — EA Grade 7; or

(i) the Counter Fraud and Security Management Service and is not below the grade designated by the Secretary of State for Health as SMP (Senior Management Pay Range) 14.”.

4.  At the end of the entry in column 2 in respect of section 378(1)(b) in relation to England and Wales insert—

“(j) the Environment Agency; or

(k) the Counter Fraud and Security Management Service.”.

5.  At the end of the entry in column 2 in respect of section 378(2)(d) in relation to England and Wales insert—

“(i) the Environment Agency and is not below the grade designated by the Secretary of State for Environment, Food and Rural Affairs as Area Environment Manager — EA Grade 7; or

(j) the Counter Fraud and Security Management Service and is not below the grade designated by the Secretary of State for Health as SMP (Senior Management Pay Range) 14.”.

Explanatory Note

(This note is not part of the Order)

This Order amends the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003. By virtue of article 2 of that Order, a reference to an accredited financial investigator in the provisions of the Proceeds of Crime Act 2002 which are listed in column 1 of the Schedule to that Order is a reference to such an investigator as falls within the description which is specified in relation to that provision in column 2 of that Schedule.

This Order amends that Schedule to add references to a member of staff of the Environment Agency and a member of staff of the Counter Fraud and Security Management Service.

(1)

2002 c. 29.

(2)

S.I. 2003/172.

(3)

This Service is a Special Health Authority which is established by S.I. 2002/3039.