The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 and shall come into force on 12th May 2009.

(2) In this Order—

“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971(1);

“local authority” means—

(a)

In England—

(i)

a county council,

(ii)

a district council,

(iii)

a London borough council,

(iv)

the Common Council of the City of London in its capacity as a local authority, and

(v)

the Council of the Isles of Scilly; and

(b)

In Wales, a county council or a county borough council;

and a member of staff of a local authority holds an appropriate office if he has been trained and accredited as a financial investigator by the Assets Recovery Agency(2) or the National Policing Improvement Agency(3);

“police force” has the meaning given to it in section 101 of the Police Act 1996(4) by virtue of Schedule 1 to the Interpretation Act 1978(5) as amended by Schedule 7 to the Police Act 1996;

“Police Service of Northern Ireland” has the meaning given to it in the Police (Northern Ireland) Act 2000(6) by virtue of Schedule 1 to the Interpretation Act 1978 as amended by section 78 of and Schedule 6 to the Police (Northern Ireland) Act 2000;

“relevant training” means a course of training provided or approved by the National Policing Improvement Agency on the operation of the following sections in the Act—

(i)

section 45,

(ii)

section 194,

(iii)

section 289,

(iv)

section 290,

(v)

section 294,

(vi)

section 295,

(vii)

section 297,

(viii)

section 298,

(ix)

section 352, and

(x)

section 353;

“the Royal Mail” means the company Royal Mail Group Plc (registered number 4138203);

and “SOCA” means the Serious Organised Crime Agency established under section 1 of and Schedule 1 to the Serious Organised Crime and Police Act 2005(7).

Reference to an accredited financial investigator

2.  A reference to an accredited financial investigator in the Proceeds of Crime Act 2002 which is specified in column 1 of Schedule 1 to this Order is a reference to an accredited financial investigator who falls within the description specified in relation to that reference in column 2 of Schedule 1 to this Order.

Revocation

3.  The Orders specified in Schedule 2 to this Order are revoked to the extent there specified.

Alan Campbell

Parliamentary Under Secretary of State

Home Office

2nd April 2009