The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008

5.—(1) The Proceeds of Crime (Northern Ireland) Order 1996(1) is amended as follows.

(2) In Article 49(1A) (additional investigation powers)(2)—

(a) for the words “the Director of the Assets Recovery Agency” substitute “a senior member of staff of the Serious Organised Crime Agency”; and

(b) for the words “the Director” each time they occur substitute “a member of staff of the Agency”.

(3) In Article 49(1B)(3)—

(a) for the words “the Director of the Assets Recovery Agency” substitute “a member of staff of the Serious Organised Crime Agency or a relevant Director”; and

(b) before the words “the Director” each time they occur insert “a member of staff of the Agency or”.

(4) In Article 49(5)(4) in the appropriate places insert—

““relevant Director” means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland;”

““senior member of staff of the Serious Organised Crime Agency” means—

(a)

the Director General of the Serious Organised Crime Agency; or

(b)

any member of staff of the Agency authorised by the Director General (whether generally or specifically) for the purpose of this Article;”.

(5) In paragraph 3A(4) of Schedule 2 (financial investigations)(5) for the words “the Director of the Assets Recovery Agency” substitute “a member of staff of the Serious Organised Crime Agency or a relevant Director (within the meaning of Article 49(5))”.

(1)

S.I. 1996/1299 (N.I. 9).

(2)

Paragraph (1A) was inserted by Article 3(3) of S.I. 2001/1866 (N.I. 1) and was amended by section 456 of, and paragraph 31 of Schedule 11 to, the Proceeds of Crime Act 2002 (c. 29).

(3)

Paragraph (1B) was inserted by Article 15(2) of S.I. 2005/1965 (N.I. 15).

(4)

Paragraph (5) was substituted by Article 3(5) of S.I. 2001/1866 (N.I. 1) and was amended by section 456 of, and paragraph 31 of Schedule 11 to, the Proceeds of Crime Act 2002.

(5)

Paragraph 3A was inserted by Article 6 of S.I. 2001/1866 (N.I. 1).