2024 No. 425

PROCEEDS OF CRIME, ENGLAND AND WALES

PROCEEDS OF CRIME, NORTHERN IRELAND

The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) (Amendment) Order 2024

Made25th March 2024

Laid before Parliament26th March 2024

Coming into force26th April 2024

The Secretary of State makes this Order in exercise of the powers conferred by sections 453(1) and (2) and 459(2) of the Proceeds of Crime Act 20021.

Citation, commencement and extent1

1

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) (Amendment) Order 2024.

2

It comes into force on 26th April 2024.

3

It extends to England and Wales and Northern Ireland, apart from—

a

article 3, which extends to England and Wales, and

b

article 4, which extends to Northern Ireland.

Amendments to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 20212

The Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 20212 is amended in accordance with this Order.

Schedule 1, Part 1: confiscation, England and Wales3

In table 1 in Part 1 of Schedule 1 (confiscation: England and Wales)—

a

in column 2 of the entry for section 42(2)(c) (applications for restraint orders), in paragraph (c)—

i

before sub-paragraph (i), insert—

ai
the Cabinet Office;

ii

after sub-paragraph (ii), insert—

iia
the Department for Energy Security and Net Zero;

iii

after sub-paragraph (iv), insert—

iva
the Department for Science, Innovation and Technology;

b

in column 2 of the entry for sections 47A(1)(c)3 and 47M(3)(c) (search and seizure powers: general), in paragraph (b)—

i

before sub-paragraph (i), insert—

ai
the Cabinet Office;
aii
the Department for Work and Pensions;
aiii
the Environment Agency;

ii

after sub-paragraph (i), insert—

ia
the Food Standards Agency;

iii

after sub-paragraph (iii), insert—

iv
the Security Industry Authority.

c

in column 2 of the entry for section 47G(3)(c) (search and seizure powers: appropriate approval)—

i

before paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;
zb
the Department for Work and Pensions and is at or above the grade of senior executive officer;
zc
the Environment Agency and is at or above Area Environment Manager-EA grade 7;

ii

after paragraph (a), insert—

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

iii

after paragraph (b), insert—

c
the Security Industry Authority and is at or above the grade of Investigations Manager.

d

in column 2 of the entry for section 68(3)(c) (authorisations for applications and appeals under Part 2), in paragraph (b)—

i

before sub-paragraph (i), insert—

ai
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after sub-paragraph (ii), insert—

iia
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after sub-paragraph (iv), insert—

iva
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

Schedule 1, Part 2: confiscation, Northern Ireland4

In table 2 in Part 2 of Schedule 1 (Confiscation: Northern Ireland)—

a

in column 2 of the entry for section 195A(1)(c) (search and seizure powers: general)4, in paragraph (b)—

i

after sub-paragraph (i), insert—

ia
the Environment Agency;

ii

after sub-paragraph (ii), insert—

iia
the Food Standards Agency;

iii

after sub-paragraph (iii), insert—

iv
the Security Industry Authority.

b

in column 2 of the entry for section 195G(3)(c) (search and seizure powers: appropriate approval)—

i

after paragraph (a), insert—

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

ii

after paragraph (b), insert—

c
the Food Standards Agency and is at or above grade 7;
d
the Security Industry Authority and is at or above the grade of Investigations Manager.

c

in column 2 of the entry for section 195M(3)(c) (further detention in other cases: applications), in paragraph (b)—

i

after sub-paragraph (i), insert—

ia
the Environment Agency;

ii

after sub-paragraph (ii), insert—

iia
the Food Standards Agency;

iii

after sub-paragraph (iii), insert—

iv
the Security Industry Authority.

d

in column 1 of the entry for section 216(3)(c) (authorisation for applications and appeals under Part 2), for “Part 2” substitute “Part 4”.

Schedule 1, Part 3: Civil recovery5

1

Table 3 in Part 3 of Schedule 1 (civil recovery of the proceeds etc. of unlawful conduct) is amended as follows.

2

In column 2 of the entry for Chapter 3 of Part 5—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office;

ii

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

iii

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

iv

after paragraph (xxii), insert—

xxiia
the Security Industry Authority;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

xviia
the Security Industry Authority;

3

In column 2 of the entry for section 290(4)(c) (prior approval for search of cash)—

a

in the paragraph relating to England and Wales—

i

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after sub-paragraph (a), insert—

aa
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after sub-paragraph (c), insert—

ca
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

iv

after sub-paragraph (u), insert—

ua
the Security Industry Authority and is at or above the grade of Investigations Manager;

b

in the paragraph relating to Northern Ireland, after sub-paragraph (p), insert—

q
the Security Industry Authority and is at or above the grade of Investigations Manager;

4

In column 2 of the entry for section 297A(6)(c) (forfeiture notice: senior officer)5—

a

in the paragraph relating to England and Wales—

i

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after sub-paragraph (a), insert—

aa
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after sub-paragraph (c), insert—

ca
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

iv

after sub-paragraph (u), insert—

ua
the Security Industry Authority and is at or above the grade of Investigations Manager;

b

in the paragraph relating to Northern Ireland, after sub-paragraph (l), insert—

m
the Security Industry Authority and is at or above the grade of Investigations Manager.

5

In column 2 of the entry for section 303C(9)(d), 303L(5)(d) and 303O(2)(d) (recovery of listed assets under Part 5, Chapter 3A: general)6—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office;

ii

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

iii

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

iv

after paragraph (xxii), insert—

xxiia
the Security Industry Authority;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

xviii
the Security Industry Authority.

6

In column 2 of the entry for section 303E(4)(f) (recovery of listed assets under Part 5, Chapter 3A: senior officers)—

a

in the paragraph relating to England and Wales—

i

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after sub-paragraph (a), insert—

aa
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after sub-paragraph (c), insert—

ca
the Department for Science and Technology and is at or above the grade of senior executive officer;

iv

after sub-paragraph (u), insert—

ua
the Security Industry Authority and is at or above the grade of Investigations Manager;

b

in the paragraph relating to Northern Ireland, after sub-paragraph (p), insert—

q
the Security Industry Authority and is at or above the grade of Investigations Manager.

7

In column 2 of the entry for section 303Z1(6) and section 303Z14(3)(d) (freezing and forfeiture of money in accounts under Part 5, Chapter 3B: general)7—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office;

ii

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

iii

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

iv

after paragraph (xxii), insert—

xxiia
the Security Industry Authority;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii) insert—

xviii
the Security industry Authority.

8

In column 2 of the entry for section 303Z2(4)(e) (freezing of money in accounts under Part 5, Chapter 3B: senior officers), in the paragraph relating to England and Wales—

a

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

b

after sub-paragraph (a), insert—

aa
the Department for Energy Security and is at or above the grade of senior executive officer;

c

after sub-paragraph (c), insert—

ca
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

d

after sub-paragraph (v), insert—

va
the Security Industry Authority and is at or above the grade of Investigations Manager.

Cryptoassets6

After the entry for section 303Z2(4)(e), insert—

Section 303Z20(4)(a)(iv) (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: general)
In relation to England and Wales, an accredited financial investigator who is—
a
a National Crime Agency officer;
b
a member of staff of—
i
the Cabinet Office;
ii
the Department for Business and Trade;
iii
the Department for Energy Security and Net Zero;
iv
the Department for Environment, Food and Rural Affairs;
v
the Department for Health and Social Care;
vi
the Department for Science, Innovation and Technology;
vii
the Department for Transport;
viii
the Department for Work and Pensions;
ix
the Environment Agency;
x
the Financial Conduct Authority;
xi
the Food Standards Agency;
xii
the Gambling Commission;
xiii
the Gangmasters and Labour Abuse Authority;
xiv
the Home Office;
xv
the Information Commissioner’s Office;
xvi
a local authority;
xvii
the London Fire Commissioner;
xviii
the Marine Management Organisation;
xix
the Ministry of Defence;
xx
the Ministry of Justice;
xxi
the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);
xxii
a police force in England and Wales (other than a constable);
xxiii
the Post Office;
xxiv
the Prudential Regulation Authority;
xxv
the Royal Mail;
xxvi
the Security Industry Authority;
xxvii
Transport for London;
xxviii
Velindre National Health Service Trust.
In relation to Northern Ireland, an accredited financial investigator who is—
a
a National Crime Agency officer;
b
a member of staff of—
i
the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);
ii
the Department for Communities (of Northern Ireland);
iii
the Department for the Economy (of Northern Ireland);
iv
the Department for Environment, Food and Rural Affairs;
v
the Department for Health and Social Care;
vi
the Department for Infrastructure (of Northern Ireland);
vii
the Department for Transport;
viii
the Financial Conduct Authority;
ix
the Food Standards Agency;
x
the Gangmasters and Labour Abuse Authority;
xi
the Home Office;
xii
the Information Commissioner’s Office;
xiii
the Ministry of Defence;
xiv
the Police Service of Northern Ireland (other than a constable);
xv
the Post Office;
xvi
the Prudential Regulation Authority;
xvii
the Royal Mail;
xviii
the Security Industry Authority.
Section 303Z20(4)(b)(v)8 (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: senior officers)
In relation to England and Wales, an accredited financial investigator who is a member of staff of—
a
the Cabinet Office and is at or above the grade of senior executive officer;
b
the Department for Business and Trade and is at or above the grade of senior executive officer;
c
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;
d
the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;
e
the Department for Health and Social Care and is at or above grade 7;
f
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;
g
the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;
h
the Department for Work and Pensions and is at or above the grade of senior executive officer;
i
the Environment Agency and is at or above Area Environment Manager-EA grade 7;
j
the Financial Conduct Authority and is—
i
at or above the grade of manager, or
ii
authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department;
k
the Food Standards Agency and is at or above grade 7;
l
the Gambling Commission and is at or above the grade of Head of Enforcement;
m
the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;
n
the Home Office and is at or above the grade of senior executive officer;
o
the Information Commissioner’s Office and is at or above the grade of Head of Department;
p
a local authority and has received relevant training;
q
the London Fire Commissioner and is at or above the grade of grade 6 manager;
r
the Marine Management Organisation and is at or above the grade of senior executive officer;
s
the Ministry of Defence and is at or above grade B2;
t
the Ministry of Justice and is at or above grade 7;
u
the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of senior manager;
v
a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector;
w
the Post Office and is at or above the grade of broadband 3;
x
the Prudential Regulation Authority and is at or above the grade of manager;
y
the Royal Mail and is at or above the grade of broadband 3;
z
the Security Industry Authority and is at or above the grade of Investigations Manager;
z1
Transport for London and is at or above the grade of Senior Management Level;
z2
Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).
In relation to Northern Ireland, an accredited financial investigator who is a member of staff of—
a
the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer;
b
the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal;
c
the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal;
d
the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer;
e
the Department for Health and Social Care and is at or above grade 7;
f
the Department for Infrastructure (of Northern Ireland) and is at or above grade of Deputy Principal;
g
the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement;
h
the Financial Conduct Authority and is at or above the grade of manager;
i
the Food Standards Agency and is at or above grade 7;
j
the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager;
k
the Home Office and is at or above the grade of senior executive officer;
l
the Information Commissioner’s Office and is at or above the grade of Head of Department;
m
the Ministry of Defence and is at or above grade B2;
n
the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector;
o
the Post Office and is at or above the grade of broadband 3;
p
the Prudential Regulation Authority and is at or above the grade of manager;
q
the Royal Mail and is at or above the grade of broadband 3;
r
the Security Industry Authority and is at or above the grade of Investigations Manager.
Section 303Z41 (forfeiture of cryptoassets)
In relation to England and Wales, an accredited financial investigator who is—
a
a National Crime Agency officer;
b
a member of staff of—
i
the Cabinet Office;
ii
the Department for Business and Trade Strategy;
iii
the Department for Energy Security and Net Zero;
iv
the Department for Environment, Food and Rural Affairs;
v
the Department for Health and Social Care;
vi
the Department for Science, Innovation and Technology;
vii
the Department for Transport;
viii
the Department for Work and Pensions;
ix
the Environment Agency;
x
the Financial Conduct Authority;
xi
the Food Standards Agency;
xii
the Gambling Commission;
xiii
the Gangmasters and Labour Abuse Authority;
xiv
the Home Office;
xv
the Information Commissioner’s Office;
xvi
a local authority;
xvii
the London Fire Commissioner;
xviii
the Marine Management Organisation;
xix
the Ministry of Defence;
xx
the Ministry of Justice;
xxi
the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru);
xxii
a police force in England and Wales (other than a constable);
xxiii
the Post Office;
xxiv
the Prudential Regulation Authority;
xxv
the Royal Mail;
xxvi
the Security Industry Authority;
xxvii
Transport for London;
xxviii
Velindre National Health Service Trust.
In relation to Northern Ireland, an accredited financial investigator who is—
a
a National Crime Agency officer;
b
a member of staff of—
i
the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland);
ii
the Department for Communities (of Northern Ireland);
iii
the Department for the Economy (of Northern Ireland);
iv
the Department for Environment, Food and Rural Affairs;
v
the Department for Health and Social Care;
vi
the Department for Infrastructure (of Northern Ireland);
vii
the Department for Transport;
viii
the Financial Conduct Authority;
ix
the Food Standards Agency;
x
the Gangmasters and Labour Abuse Authority;
xi
the Home Office;
xii
the Information Commissioner’s Office;
xiii
the Ministry of Defence;
xiv
the Police Service of Northern Ireland (other than a constable);
xv
the Post Office;
xvi
the Prudential Regulation Authority;
xvii
the Royal Mail;
xviii
the Security Authority.

Schedule 1, Part 4: Money laundering7

In table 4 in Part 4 of Schedule 1 (Part 7 of the 2002 Act: Money Laundering), in the entry for section 336D(7)(h)9 (senior officer for the purposes of section 336A (application to the court to extend the moratorium period)), in column 2, in the paragraph relating to England and Wales—

a

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

b

after sub-paragraph (b), insert—

ba
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

c

after sub-paragraph (d), insert—

da
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

Schedule 1, Part 5: Investigations8

1

Table 5 in Part 5 of Schedule 1 (Chapter 2 of Part 8: Investigations) is amended as follows.

2

In the entry for sections 352(5)(c), (ca) and (cb)10, and 353(10)(c), (ca) and (cb)11 (search and seizure warrants), in column 2, in the paragraph relating to England and Wales, in sub-paragraph (b)—

a

before paragraph (i), insert—

ai
the Cabinet Office;

b

after paragraph (ii), insert—

iia
the Department for Energy Security and Net Zero;

c

after paragraph (iv), insert—

iva
the Department for Science, Innovation and Technology;

3

In the entry for section 378(1)(b) (confiscation investigations: appropriate officers)12, in column 2, in the paragraph relating to England and Wales—

a

before sub-paragraph (a), insert—

za
the Cabinet Office;

b

after sub-paragraph (b), insert—

ba
the Department for Energy Security and Net Zero;

c

after sub-paragraph (d), insert—

da
the Department for Science, Innovation and Technology;

4

In the entry for section 378(2)(d) (confiscation investigations: senior appropriate officers), in column 2, in the paragraph relating to England and Wales—

a

before sub-paragraph (a), insert—

za
the Cabinet Office and is at or above the grade of senior executive officer;

b

after sub-paragraph (b), insert—

ba
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

c

after sub-paragraph (d), insert—

da
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

5

In the entry for section 378(3A)(ab) (detained cash investigations: appropriate officers), in column 2—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office;

ii

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

iii

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

iv

after paragraph (xxii), insert—

xxiia
the Security Industry Authority;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

xviii
the Security Industry Authority.

6

In the entry for section 378(3AA)(b) (detained cash investigations: senior appropriate officers), in column 2—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

iv

after paragraph (xxii), insert—

xxia
the Security Industry and is at or above the grade of Investigations Manager;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xvii), insert—

xviia
the Security Industry Authority and is at or above the grade of Investigations Manager;

7

In column 2 of the entry for section 378(3C)(c) (detained property investigations: appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

a

before paragraph (i), insert—

ai
the Cabinet Office;

b

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

c

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

8

In column 2 of the entry for section 378(3D)(c) (detained property investigations: senior appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

a

before paragraph (i), insert—

ai
the Cabinet Office and is at or above the grade of senior executive officer;

b

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

c

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

9

In column 2 of the entry for section 378(3E)(c) (frozen funds investigations: appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

a

before paragraph (i), insert—

ai
the Cabinet Office;

b

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero;

c

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology;

10

In column 2 of the entry for section 378(3F)(c) (frozen funds investigations: senior appropriate officers), in the paragraph relating to England and Wales, in sub-paragraph (b)—

a

before paragraph (i), insert—

ai
the Cabinet Office and is at or above the grade of senior executive officer;

b

after paragraph (i), insert—

ia
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

c

after paragraph (iii), insert—

iiia
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

11

In the entry for section 378(4)(a) (money laundering investigations: appropriate officers), in column 2—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office;

ii

after paragraph (ii), insert—

iia
the Department for Energy Security and Net Zero;

iii

after paragraph (iv), insert—

iva
the Department for Science, Innovation and Technology;

iv

after paragraph (xxiv), insert—

xxiva
the Security Industry Authority;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xix), insert—

xx
the Security Industry Authority.

12

In the entry for section 378(6)(c) (money laundering investigations: senior appropriate officers), in column 2—

a

in the paragraph relating to England and Wales, in sub-paragraph (b)—

i

before paragraph (i), insert—

ai
the Cabinet Office and is at or above the grade of senior executive officer;

ii

after paragraph (ii), insert—

iia
the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer;

iii

after paragraph (iv), insert—

iva
the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer;

iv

after paragraph (xxiv), insert—

xxiva
the Security Industry Authority and is at or above the grade of Investigations Manager;

b

in the paragraph relating to Northern Ireland, in sub-paragraph (b), after paragraph (xix), insert—

xx
the Security Industry Authority and is at or above the grade of Investigations Manager.

Tom TugendhatMinister of StateHome Office25th March 2024

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 (“the 2021 Order”). The Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”) provides that accredited financial investigators may, in specified circumstances, discharge powers or other functions which are granted to law enforcement officers (such as, for example, police constables or Serious Fraud Office officers).

Section 453 of the 2002 Act allows the Secretary of State to provide that references in specific provisions of the 2002 Act to accredited financial investigators are to be read as references to accredited financial investigators of particular descriptions set out by order. Those descriptions are set out in the 2021 Order.

This Order amends the 2021 Order to include staff working for the Cabinet Office (who will work for the Public Sector Fraud Authority) among the descriptions of accredited financial investigations in specified cases, and to extend the powers of staff of the Department for Work and Pensions, the Environment Agency, the Food Standards Agency and the Security Industry Authority. It also specifies which financial investigators are accredited for search, seizure, detention and forfeiture powers given in relation to cryptoassets by the Economic Crime and Corporate Transparency Act 2023.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Section 303Z20(4)(a)(iv) (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: general)	In relation to England and Wales, an accredited financial investigator who is— a a National Crime Agency officer; b a member of staff of— i the Cabinet Office; ii the Department for Business and Trade; iii the Department for Energy Security and Net Zero; iv the Department for Environment, Food and Rural Affairs; v the Department for Health and Social Care; vi the Department for Science, Innovation and Technology; vii the Department for Transport; viii the Department for Work and Pensions; ix the Environment Agency; x the Financial Conduct Authority; xi the Food Standards Agency; xii the Gambling Commission; xiii the Gangmasters and Labour Abuse Authority; xiv the Home Office; xv the Information Commissioner’s Office; xvi a local authority; xvii the London Fire Commissioner; xviii the Marine Management Organisation; xix the Ministry of Defence; xx the Ministry of Justice; xxi the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru); xxii a police force in England and Wales (other than a constable); xxiii the Post Office; xxiv the Prudential Regulation Authority; xxv the Royal Mail; xxvi the Security Industry Authority; xxvii Transport for London; xxviii Velindre National Health Service Trust. In relation to Northern Ireland, an accredited financial investigator who is— a a National Crime Agency officer; b a member of staff of— i the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland); ii the Department for Communities (of Northern Ireland); iii the Department for the Economy (of Northern Ireland); iv the Department for Environment, Food and Rural Affairs; v the Department for Health and Social Care; vi the Department for Infrastructure (of Northern Ireland); vii the Department for Transport; viii the Financial Conduct Authority; ix the Food Standards Agency; x the Gangmasters and Labour Abuse Authority; xi the Home Office; xii the Information Commissioner’s Office; xiii the Ministry of Defence; xiv the Police Service of Northern Ireland (other than a constable); xv the Post Office; xvi the Prudential Regulation Authority; xvii the Royal Mail; xviii the Security Industry Authority.
Section 303Z20(4)(b)(v)8 (Cryptoassets: searches, seizure and detention under Chapter 3C of Part 5: senior officers)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— a the Cabinet Office and is at or above the grade of senior executive officer; b the Department for Business and Trade and is at or above the grade of senior executive officer; c the Department for Energy Security and Net Zero and is at or above the grade of senior executive officer; d the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer; e the Department for Health and Social Care and is at or above grade 7; f the Department for Science, Innovation and Technology and is at or above the grade of senior executive officer; g the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement; h the Department for Work and Pensions and is at or above the grade of senior executive officer; i the Environment Agency and is at or above Area Environment Manager-EA grade 7; j the Financial Conduct Authority and is— i at or above the grade of manager, or ii authorised for this purpose (whether generally or specifically) by a member of staff at or above the grade of Head of Department; k the Food Standards Agency and is at or above grade 7; l the Gambling Commission and is at or above the grade of Head of Enforcement; m the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager; n the Home Office and is at or above the grade of senior executive officer; o the Information Commissioner’s Office and is at or above the grade of Head of Department; p a local authority and has received relevant training; q the London Fire Commissioner and is at or above the grade of grade 6 manager; r the Marine Management Organisation and is at or above the grade of senior executive officer; s the Ministry of Defence and is at or above grade B2; t the Ministry of Justice and is at or above grade 7; u the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru) and is at or above the grade of senior manager; v a police force in England and Wales (other than a constable) and is at or above a grade equivalent to the rank of inspector; w the Post Office and is at or above the grade of broadband 3; x the Prudential Regulation Authority and is at or above the grade of manager; y the Royal Mail and is at or above the grade of broadband 3; z the Security Industry Authority and is at or above the grade of Investigations Manager; z1 Transport for London and is at or above the grade of Senior Management Level; z2 Velindre National Health Service Trust and is at or above the grade of Operations Fraud Manager (pay band 8B).
	In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— a the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland) and is at or above the grade of Deputy Principal or Senior Scientific Officer; b the Department for Communities (of Northern Ireland) and is at or above the grade of Deputy Principal; c the Department for the Economy (of Northern Ireland) and is at or above the grade of Deputy Principal; d the Department for Environment, Food and Rural Affairs and is at or above the grade of senior executive officer; e the Department for Health and Social Care and is at or above grade 7; f the Department for Infrastructure (of Northern Ireland) and is at or above grade of Deputy Principal; g the Department for Transport and is at or above grade 7 or the grade of Head of Enforcement; h the Financial Conduct Authority and is at or above the grade of manager; i the Food Standards Agency and is at or above grade 7; j the Gangmasters and Labour Abuse Authority and is at or above the grade of Manager; k the Home Office and is at or above the grade of senior executive officer; l the Information Commissioner’s Office and is at or above the grade of Head of Department; m the Ministry of Defence and is at or above grade B2; n the Police Service of Northern Ireland (other than a constable) and is at or above a grade equivalent to the rank of inspector; o the Post Office and is at or above the grade of broadband 3; p the Prudential Regulation Authority and is at or above the grade of manager; q the Royal Mail and is at or above the grade of broadband 3; r the Security Industry Authority and is at or above the grade of Investigations Manager.
Section 303Z41 (forfeiture of cryptoassets)	In relation to England and Wales, an accredited financial investigator who is— a a National Crime Agency officer; b a member of staff of— i the Cabinet Office; ii the Department for Business and Trade Strategy; iii the Department for Energy Security and Net Zero; iv the Department for Environment, Food and Rural Affairs; v the Department for Health and Social Care; vi the Department for Science, Innovation and Technology; vii the Department for Transport; viii the Department for Work and Pensions; ix the Environment Agency; x the Financial Conduct Authority; xi the Food Standards Agency; xii the Gambling Commission; xiii the Gangmasters and Labour Abuse Authority; xiv the Home Office; xv the Information Commissioner’s Office; xvi a local authority; xvii the London Fire Commissioner; xviii the Marine Management Organisation; xix the Ministry of Defence; xx the Ministry of Justice; xxi the Natural Resources Body for Wales (Corff Adnoddau Naturiol Cymru); xxii a police force in England and Wales (other than a constable); xxiii the Post Office; xxiv the Prudential Regulation Authority; xxv the Royal Mail; xxvi the Security Industry Authority; xxvii Transport for London; xxviii Velindre National Health Service Trust. In relation to Northern Ireland, an accredited financial investigator who is— a a National Crime Agency officer; b a member of staff of— i the Department of Agriculture, Environment and Rural Affairs (of Northern Ireland); ii the Department for Communities (of Northern Ireland); iii the Department for the Economy (of Northern Ireland); iv the Department for Environment, Food and Rural Affairs; v the Department for Health and Social Care; vi the Department for Infrastructure (of Northern Ireland); vii the Department for Transport; viii the Financial Conduct Authority; ix the Food Standards Agency; x the Gangmasters and Labour Abuse Authority; xi the Home Office; xii the Information Commissioner’s Office; xiii the Ministry of Defence; xiv the Police Service of Northern Ireland (other than a constable); xv the Post Office; xvi the Prudential Regulation Authority; xvii the Royal Mail; xviii the Security Authority.