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The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2018

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10.  In the appropriate place insert—

(1)

Section 297A was inserted by section 65(1) of the Policing and Crime Act 2009 (c. 26). It was amended by paragraph 14 of Schedule 21 to the Crime and Courts Act 2013 (c. 22) and section 34(7) of, and paragraph 19 of Schedule 1 to, the Criminal Finances Act 2017 (c. 22) (“the 2017 Act”).

(2)

Sections 303C, 303L and 303O were inserted by section 15 of the 2017 Act.

(3)

Section 303E was inserted by section 15 of the 2017 Act.

(4)

Sections 303Z1 and 303Z14 were inserted by section 16 of the 2017 Act.

(5)

Section 303Z2 was inserted by section 16 of the 2017 Act.

(6)

Section 336D was inserted by section 10(4) of the 2017 Act..

Section 297A(6)(c)(1) (senior officer for the purpose of giving a forfeiture notice)In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer at or above grade 2; or

(b)

a member of staff of—

(i)

the Department for Business, Energy and Industrial Strategy and is at or above the grade of Deputy Chief Investigation Officer;

(ii)

the Department for Environment, Food and Rural Affairs and is at or above the grade of Senior Executive Officer;

(iii)

the Department for Work and Pensions and is at or above the grade of Senior Executive Officer;

(iv)

the Environment Agency and is at or above the grade of Area Environment Agency - EA grade 7;

(v)

the Financial Conduct Authority and—

(aa)

is at or above the grade of Manager; or

(bb)

is authorised by a member of staff at or above the grade of Head of Department (whether generally or specifically) for this purpose;

(vi)

the Food Standards Agency and is at or above grade 7;

(vii)

the Gambling Commission and is at or above the grade of Head of Enforcement;

(viii)

the Gangmasters Labour and Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

(ix)

the Home Office and is at or above the grade of Senior Executive Officer;

(x)

the Intellectual Property Office and is at or above the grade of SEO/C1;

(xi)

a local authority and who holds an appropriate office;

(xii)

the Marine Management Organisation and is at or above the grade of Senior Executive Officer;

(xiii)

the Medicines and Healthcare Products Regulatory Agency and is at or above grade 7;

(xiv)

the Ministry of Defence and is at or above the grade of B2;

(xv)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

(xvi)

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

(xvii)

the Post Office and is at or above the grade of broadband 3;

(xviii)

the Prudential Regulation Authority and is at or above the grade of Manager;

(xix)

the Royal Mail and is at or above the grade of broadband 3;

(xx)

the Rural Payments Agency and is at or above the grade of Senior Executive Officer;

(xxi)

Transport for London and is at or above the grade of Senior Management Level;

(xxii)

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or

(xxiii)

The Driver and Vehicle Standards Agency and is at or above grade 7.

Section 303C(9)(d)(2) (relevant officers for the purposes of Chapter 3A), section 303L(5)(d) (specified persons- further detention of seized property) and section 303O(2)(d) (specified persons – forfeiture of property)In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer; or

(b)

a member of staff of—

(i)

the Department for Business, Energy and Industrial Strategy;

(ii)

the Department for Environment, Food and Rural Affairs;

(iii)

the Department for Work and Pensions;

(iv)

the Environment Agency;

(v)

the Financial Conduct Authority;

(vi)

the Food Standards Agency;

(vii)

the Gambling Commission;

(viii)

the Gangmasters Labour and Abuse Authority;

(ix)

the Home Office;

(x)

the Intellectual Property Office;

(xi)

a local authority;

(xii)

the Marine Management Organisation;

(xiii)

the Medicines and Healthcare Products Regulatory Agency;

(xiv)

the Ministry of Defence;

(xv)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

(xvi)

a police force in England and Wales;

(xvii)

the Post Office;

(xviii)

the Prudential Regulation Authority;

(xix)

the Royal Mail;

(xx)

the Rural Payments Agency;

(xxi)

Transport for London;

(xxii)

Velindre National Health Service Trust; or

(xxiii)

The Driver and Vehicle Standards Agency.

Section 303E(4)(f)(3) (senior officer for the purposes of prior approval for searches)In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer at or above grade 2; or

(b)

a member of staff of—

(i)

the Department for Business, Energy and Industrial Strategy and is at or above the grade of Deputy Chief Investigation Officer;

(ii)

the Department for Environment, Food and Rural Affairs and is at or above the grade of Senior Executive Officer;

(iii)

the Department for Work and Pensions and is at or above the grade of Senior Executive Officer;

(iv)

the Environment Agency and is at or above the grade of Area Environment Agency - EA grade 7;

(v)

the Financial Conduct Authority and—

(aa)

is at or above the grade of Manager; or

(bb)

is authorised by a member of staff at or above the grade of Head of Department (whether generally or specifically) for this purpose;

(vi)

the Food Standards Agency and is at or above grade 7;

(vii)

the Gambling Commission and is at or above the grade of Head of Enforcement;

(viii)

the Gangmasters Labour and Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

(ix)

the Home Office and is at or above the grade of Senior Executive Officer;

(x)

the Intellectual Property Office and is at or above the grade of SEO/C1;

(xi)

a local authority and who holds an appropriate office;

(xii)

the Marine Management Organisation and is at or above the grade of Senior Executive Officer;

(xiii)

the Medicines and Healthcare Products Regulatory Agency and is at or above grade 7;

(xiv)

the Ministry of Defence and is at or above the grade of B2;

(xv)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

(xvi)

the Post Office and is at or above the grade of broadband 3;

(xvii)

the Prudential Regulation Authority and is at or above the grade of Manager;

(xviii)

the Royal Mail and is at or above the grade of broadband 3;

(xix)

the Rural Payments Agency and is at or above the grade of Senior Executive Officer;

(xx)

Transport for London and is at or above the grade of Senior Management Level;

(xxi)

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or

(xxii)

The Driver and Vehicle Standards Agency and is at or above grade 7.

Section 303Z1(6)(d)(4) (enforcement officers for the purposes of Chapter 3B) and section 303Z14(3)(d) (specified persons for the purposes of account forfeiture applications)In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer; or

(b)

a member of staff of—

(i)

the Department for Business, Energy and Industrial Strategy;

(ii)

the Department for Environment, Food and Rural Affairs;

(iii)

the Department for Work and Pensions;

(iv)

the Environment Agency;

(v)

the Financial Conduct Authority;

(vi)

the Food Standards Agency;

(vii)

the Gambling Commission;

(viii)

the Gangmasters Labour and Abuse Authority;

(ix)

the Home Office;

(x)

the Intellectual Property Office;

(xi)

a local authority;

(xii)

the Marine Management Organisation;

(xiii)

the Medicines and Healthcare Products Regulatory Agency;

(xiv)

the Ministry of Defence;

(xv)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);

(xvi)

a police force in England and Wales;

(xvii)

the Post Office;

(xviii)

the Prudential Regulation Authority;

(xix)

the Royal Mail;

(xx)

the Rural Payments Agency;

(xxi)

Transport for London;

(xxii)

Velindre National Health Service Trust; or

(xxiii)

The Driver and Vehicle Standards Agency.

Section 303Z2(4)(e)(5) (senior officer for the purposes of Chapter 3B)In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer at or above grade 2; or

(b)

a member of staff of—

(i)

the Department for Business, Energy and Industrial Strategy and is at or above the grade of Deputy Chief Investigation Officer;

(ii)

the Department for Environment, Food and Rural Affairs and is at or above the grade of Senior Executive Officer;

(iii)

the Department for Work and Pensions and is at or above the grade of Senior Executive Officer;

(iv)

the Environment Agency and is at or above the grade of Area Environment Agency - EA grade 7;

(v)

the Financial Conduct Authority and—

(aa)

is at or above the grade of Manager; or

(bb)

is authorised by a member of staff at or above the grade of Head of Department (whether generally or specifically) for this purpose;

(vi)

the Food Standards Agency and is at or above grade 7;

(vii)

the Gambling Commission and is at or above the grade of Head of Enforcement;

(viii)

the Gangmasters Labour and Abuse Authority and is at or above the grade of Intelligence Manager or Operations Manager;

(ix)

the Home Office and is at or above the grade of Senior Executive Officer;

(x)

the Intellectual Property Office and is at or above the grade of SEO/C1;

(xi)

a local authority and who holds an appropriate office;

(xii)

the Marine Management Organisation and is at or above the grade of Senior Executive Officer;

(xiii)

the Medicines and Healthcare Products Regulatory Agency and is at or above grade 7;

(xiv)

the Ministry of Defence and is at or above the grade of B2;

(xv)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

(xvi)

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;

(xvii)

the Post Office and is at or above the grade of broadband 3;

(xviii)

the Prudential Regulation Authority and is at or above the grade of Manager;

(xix)

the Royal Mail and is at or above the grade of broadband 3;

(xx)

the Rural Payments Agency and is at or above the grade of Senior Executive Officer;

(xxi)

Transport for London and is at or above the grade of Senior Management Level;

(xxii)

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or

(xxiii)

The Driver and Vehicle Standards Agency and is at or above grade 7

Section 336D(7)(h)(6) (senior officer for the purposes of section 336A (power of court to extend the moratorium period))In relation to England and Wales, an accredited financial investigator who is—
(a)

an NCA officer at or above grade 2; or

(b)

a member of staff of—

(i)

the Competition and Markets Authority and is at or above grade 7;

(ii)

the NHS Counter Fraud Authority and is at or above grade 8C;

(iii)

the Department for Business, Energy and Industrial Strategy and is at or above the grade of Deputy Chief Investigation Officer;

(iv)

the Department for Environment, Food and Rural Affairs and is at or above the grade of Senior Executive Officer;

(v)

the Department of Health and is at or above grade 6;

(vi)

the Department for Work and Pensions and is at or above grade 7;

(vii)

the Environment Agency and is at or above the grade of Area Environment Agency – EA grade 7;

(viii)

the Financial Conduct Authority and—

(aa)

is at or above the grade of Manager; or

(bb)

is authorised by a member of staff at or above the grade of Head of Department (whether generally or specifically) for this purpose;

(ix)

the Food Standards Agency and is at or above grade 7;

(x)

the Gambling Commission and is at or above the grade of Head of Enforcement;

(xi)

the Gangmasters Labour and Abuse Authority and is at or above the grade of Enforcement Manager;

(xii)

the Home Office and is at or above the grade of Senior Executive Officer;

(xiii)

the Intellectual Property Office and is at or above the grade of SEO/C1;

(xiv)

a local authority and holds an appropriate office;

(xv)

the Marine Management Organisation and is at or above the grade of Senior Executive Officer;

(xvi)

the Medicines and Healthcare Products Regulatory Agency and is at or above grade 7;

(xvii)

the Ministry of Defence and is at or above the grade of B2;

(xviii)

the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of Senior Manager;

(xix)

the Pensions Regulator and is at or above the grade of Regulatory Manager;

(xx)

a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of Inspector;

(xxi)

the Post Office and is at or above the grade of broadband 3;

(xxii)

the Prudential Regulation Authority and is at or above the grade of Manager;

(xxiii)

the Royal Mail and is at or above the grade of broadband 3;

(xxiv)

the Rural Payments Agency and is at or above the grade of Senior Executive Officer;

(xxv)

Transport for London and is at or above the grade of Senior Management Level;

(xxvi)

Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B); or

(xxvii)

The Driver and Vehicle Standards Agency and is at or above grade 7.

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