Part 8U.K.Investigations

Chapter 2E+W+N.I.England and Wales and Northern Ireland

InterpretationE+W+N.I.

378 OfficersE+W+N.I.

(1)In relation to a confiscation investigation these are appropriate officers—

(a)[F1a member of SOCA's staff ] ;

(b)an accredited financial investigator;

(c)a constable;

(d)a customs officer.

(2)In relation to a confiscation investigation these are senior appropriate officers—

(a)[F2a senior member of SOCA's staff] ;

(b)a police officer who is not below the rank of superintendent;

(c)a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;

(d)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

(3)In relation to a civil recovery investigation

[F3—

( a)a member of SOCA's staff or the relevant Director is an appropriate officer;

(b)a senior member of SOCA's staff is a senior appropriate officer.]

[F4(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

[F5(ab)an accredited financial investigator;]

(b)an officer of Revenue and Customs.]

[F6(3B)The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]

(4)In relation to a money laundering investigation these are appropriate officers—

(a)an accredited financial investigator;

(b)a constable;

(c)a customs officer.

(5)For the purposes of section 342, in relation to a money laundering investigation a person authorised for the purposes of money laundering investigations by [F7the Director General of [F8SOCA]] is also an appropriate officer.

(6)In relation to a money laundering investigation these are senior appropriate officers—

(a)a police officer who is not below the rank of superintendent;

(b)a customs officer who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;

(c)an accredited financial investigator who falls within a description specified in an order made for the purposes of this paragraph by the Secretary of State under section 453.

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(8)For the purposes of this Part a senior member of SOCA's staff is—

(a)the Director General of SOCA; or

(b)any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose.]

Textual Amendments

F1Words in s. 378(1)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2Words in s. 378(2)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 116(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement Information

I1S. 378 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

379 MiscellaneousE+W+N.I.

“Document”, “excluded material” and “premises” have the same meanings as in the Police and Criminal Evidence Act 1984 (c. 60) or (in relation to Northern Ireland) the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

Commencement Information

I2S. 379 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)