Part 8U.K.Investigations

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

Modifications etc. (not altering text)

InterpretationE+W+N.I.

378 OfficersE+W+N.I.

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

[F1(a)a National Crime Agency officer;]

(b)an accredited financial investigator;

(c)a constable;

[F2(d)an officer of Revenue and Customs;]

[F3(e)an immigration officer.]

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

[F4(a)a senior National Crime Agency officer;]

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

(c)[F5an 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;

[F6(ca)an immigration officer who is not below such grade as is designated by the Secretary of State 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

[F7—

(a)a [F8National Crime Agency officer] or the relevant Director is an appropriate officer;

(b)a [F9senior National Crime Agency officer] is a senior appropriate officer.]

[F10(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

[F11(ab)an accredited financial investigator;]

(b)an officer of Revenue and Customs.

[F12(c)an immigration officer.]]

[F13(3AA)In relation to a detained cash investigation these are senior appropriate officers—

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

(b)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;

(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.]

[F14(d)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank.]

[F15(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;

[F16(c)an officer of Revenue and Customs;]

[F17(d)an immigration 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 [F18the [F19Director General of the National Crime Agency]] 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)[F20an 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;

[F21(ba)an immigration officer who is not below such grade as is designated by the Secretary of State 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.

[F22(6A)In relation to an exploitation proceeds investigation [F23—

(a)], [F24a National Crime Agency officer] is an appropriate officer.]

[F25(b)a [F26senior member of SOCA's staff] [F26senior National Crime Agency officer] is a senior appropriate officer.]

F27(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(8)For the purposes of this Part a [F29senior National Crime Agency officer] is—

(a)the [F30Director General of the National Crime Agency]; or

(b)any [F31other National Crime Agency officer] authorised by the Director General (whether generally or specifically) for this purpose.]

Textual Amendments

F2S. 378(1)(d) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(a)

F5Words in s. 378(2)(c) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(b)

F13S. 378(3AA) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(2); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2

F14S. 378(3AA)(d) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 29; S.I. 2015/964, art. 2(f); S.I. 2017/4, art. 2

F16S. 378(4)(c) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(c)

F20Words in s. 378(6)(b) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 18(b)

F23Word in s. 378(6A) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(3)(a); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2

F25S. 378(6A)(b) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 27(3)(b); S.I. 2015/964, art. 2(e); S.I. 2017/4, art. 2

F26Words in s. 378(6A)(b) substituted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 30; S.I. 2015/964, art. 2(f); S.I. 2017/4, art. 2

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)