Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
Interpretation
I1378 Officers
1
In relation to a confiscation investigation these are appropriate officers—
F19a
a National Crime Agency officer;
C2b
an accredited financial investigator;
c
a constable;
F36ca
an SFO officer;
F14d
an officer of Revenue and Customs;
F9e
an immigration officer.
2
In relation to a confiscation investigation these are senior appropriate officers—
F20a
a senior National Crime Agency officer;
b
a police officer who is not below the rank of superintendent;
F37ba
the Director of the Serious Fraud Office;
c
F15an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
F10ca
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;
3
a
a F23National Crime Agency officer or the relevant Director is an appropriate officer;
b
a F24senior National Crime Agency officer is a senior appropriate officer.
F32In relation to a civil recovery investigation these are appropriate officers—
a
a National Crime Agency officer;
b
the relevant Director;
c
an officer of Revenue and Customs.
F33d
a Financial Conduct Authority officer.
3ZA
In relation to a civil recovery investigation these are senior appropriate officers—
a
a senior National Crime Agency officer;
b
the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs authorised by the Commissioners (whether generally or specifically) for this purpose.
F34c
a senior Financial Conduct Authority officer.
F53A
In relation to a detained cash investigation these are appropriate officers—
a
a constable;
F38aa
an SFO officer;
b
an officer of Revenue and Customs.
F11c
an immigration officer.
F273AA
In relation to a detained cash investigation these are senior appropriate officers—
a
a police officer who is not below the rank of superintendent;
F39aa
the Director of the Serious Fraud Office;
C6b
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 F43or the Welsh Ministers under section 453;
c
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that rank.
F30d
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.
F73B
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 F44or the Welsh Ministers under section 453.
F463C
In relation to a detained property investigation these are appropriate officers—
a
a constable;
b
an SFO officer;
C8c
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 F47or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs.
3D
In relation to a detained property investigation these are senior appropriate officers—
a
a police officer who is not below the rank of inspector;
b
the Director of the Serious Fraud Office;
C10c
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 F48or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.
3E
In relation to a frozen funds investigation these are appropriate officers—
a
a constable;
b
an SFO officer;
C9c
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 F49or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs.
3F
In relation to a frozen funds investigation these are senior appropriate officers—
a
a police officer who is not below the rank of inspector;
b
the Director of the Serious Fraud Office;
C11c
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 F50or the Welsh Ministers under section 453;
d
an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to the police rank of inspector.
4
In relation to a money laundering investigation these are appropriate officers—
C4a
an accredited financial investigator;
b
a constable;
F40ba
an SFO officer;
F16c
an officer of Revenue and Customs;
F12d
an immigration officer.
5
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;
F41aa
the Director of the Serious Fraud Office;
b
F17an officer of Revenue and Customs who is not below such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank;
F13ba
an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;
F86A
In relation to an exploitation proceeds investigation F28—
a
, F22a National Crime Agency officer is an appropriate officer.
F47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38
For the purposes of this Part a F21senior National Crime Agency officer is—
a
the F25Director General of the National Crime Agency; or
b
any F26other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose.
F359
For the purposes of this Part—
a
“Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority;
b
“senior Financial Conduct Authority officer” means a Financial Conduct Authority officer who is not below such grade as is designated by the Treasury for those purposes.
I2379 Miscellaneous
“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)).
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)