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The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018

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Title, commencement and interpretation

1.—(1) The title of this Order is the Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018.

(2) This Order comes into force on 20 July 2018.

(3) In this Order “WRA” (“ACC”) means the Welsh Revenue Authority.

Amendments to the Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018

2.—(1) The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018(1) is amended as follows.

(2) In Part 1 (reference to an accredited financial investigator who is a member of staff of WRA) of the Schedule—

(a)in paragraph 3, after “290(4)(c)” insert “and the reference in section 297A(6)(c)(2)”;

(b)after paragraph 3 insert—

3A.  Section 303C(9)(d)(3) (relevant officer 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).

3B.  Section 303Z1(6)(4) (enforcement officer for the purposes of Chapter 3B) and section 303Z14(3)(d) (specified persons for the purposes of account forfeiture applications).;

(c)in paragraph 4, after “352(5)(c)” insert “, (ca) and (cb)(5)”;

(d)in paragraph 5, after “353(10)(c)” insert “, (ca) and (cb)(6)”; and

(e)after paragraph 7 insert—

7A.  Section 378(3C)(c)(7) (appropriate officers for the purposes of detained property investigations under Part 8).

7B.  Section 378(3E)(c) (appropriate officers for the purposes of frozen funds investigations under Part 8).

(3) In Part 2 (reference to an accredited financial investigator who is a member of staff of WRA and is at or above grade 7 or equivalent) of the Schedule—

(a)after paragraph 11 insert—

11A.  Section 297A(6)(c) (senior officer for the purpose of giving a forfeiture notice).

11B.  Section 303E(4)(f)(8) (senior officer for the purposes of prior approval for searches).

11C.  Section 303Z2(4)(e)(9) (senior officer for the purposes of Chapter 3B).

11D.  Section 336D(7)(h)(10) (senior officer for the purposes of section 336A (power of court to extend the moratorium period)).; and

(b)after paragraph 13 insert—

13A.  Section 378(3D)(c) (senior appropriate officers for the purposes of detained property investigations under Part 8).

13B.  Section 378(3F)(c) (senior appropriate officers for the purposes of frozen funds investigations under Part 8).

Mark Drakeford

Cabinet Secretary for Finance, one of the Welsh Ministers

24 June 2018

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