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

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17.  In the appropriate place insert—

(1)

Section 378(3C) to (3F) was inserted by paragraph 59 of Schedule 5 to the 2017 Act..

Section 378(3C)(c)(1) (appropriate officers for the purposes of detained property investigations under Part 8)In relation to England and Wales, an accredited financial investigator who is—
(a)

an immigration officer;

(b)

an NCA officer; or

(c)

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 378(3D)(c) (senior appropriate officer for the purposes of detained property investigations under Part 8)In relation to England and Wales, an accredited financial investigator who is—
(a)

an immigration officer at or above the grade of Chief Immigration Officer;

(b)

an NCA officer at or above grade 2; or

(c)

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 378(3E)(c) (appropriate officers for the purposes of frozen funds investigations under Part 8)In relation to England and Wales, an accredited financial investigator who is—
(a)

an immigration officer;

(b)

an NCA officer; or

(c)

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 378(3F)(c) (senior appropriate officer for the purposes of frozen funds investigations under Part 8)In relation to England and Wales, an accredited financial investigator who is—
(a)

an immigration officer at or above the grade of Chief Immigration Officer;

(b)

an NCA officer at or above grade 2; or

(c)

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.

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