Part 4

Confiscation: Northern Ireland

Financial investigators

Applications and appeals
216
1
This section applies to—
a
an application under section 190, 191, 196, 197 or 211;
b
an appeal under section 192, 193, 213 or 214.
2
An accredited financial investigator must not make such an application or bring such an appeal unless he falls within subsection (3).
3
An accredited financial investigator falls within this subsection if he is one of the following or is authorised for the purposes of this section by one of the following—
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.
4
If such an application is made or appeal brought by an accredited financial investigator any subsequent step in the application or appeal or any further application or appeal relating to the same matter may be taken, made or brought by a different accredited financial investigator who falls within subsection (3).
5
If—
a
an application for a restraint order is made by an accredited financial investigator, and
b
a court is required under section 206(5) to give the applicant for the order an opportunity to be heard,
the court may give the opportunity to a different accredited financial investigator who falls within subsection (3).
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
S. 216 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)