PART 2

Terrorist property

Counter-terrorism financial investigators

Extension of powers to financial investigators
41
1
The Terrorism Act 2000 is amended in accordance with subsections (2) to (5).
2
After section 63E insert—

Counter-terrorism financial investigators

Counter-terrorism financial investigators
63F
1
The metropolitan police force must provide a system for the accreditation of financial investigators (“counter-terrorism financial investigators”).
2
The system of accreditation must include provision for—
a
the monitoring of the performance of counter-terrorism financial investigators,
b
the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he or she was accredited, and
c
securing that decisions under that system which concern—
i
the grant or withdrawal of accreditations, or
ii
the monitoring of the performance of counter-terrorism financial investigators,
are taken without regard to their effect on operations by the metropolitan police force or any other person.
3
A person may be accredited if he or she is—
a
a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011;
b
a member of staff of the City of London police force;
c
a member of staff of the Police Service of Northern Ireland.
4
A person may be accredited—
a
in relation to this Act;
b
in relation to the Anti-terrorism, Crime and Security Act 2001;
c
in relation to particular provisions of this Act or of the Anti-terrorism, Crime and Security Act 2001.
5
But the accreditation may be limited to specified purposes.
6
A reference in this Act or in the Anti-terrorism, Crime and Security Act 2001 to a counter-terrorism financial investigator is to be construed accordingly.
7
The metropolitan police force must make provision for the training of persons in—
a
financial investigation,
b
the operation of this Act, and
c
the operation of the Anti-terrorism, Crime and Security Act 2001.
3
In Part 1 of Schedule 5 (terrorist investigations: information: England and Wales and Northern Ireland)—
a
in paragraph 5—
i
in sub-paragraph (1) for “A constable” substitute “An appropriate officer”;
ii
after sub-paragraph (1) insert—
1A
Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.
;
iii
in sub-paragraph (3)(a) for “a constable” substitute “an appropriate officer”;
iv
in sub-paragraph (3)(b) for “a constable” substitute “an appropriate officer”;
v
after sub-paragraph (5) insert—
6
“Appropriate officer” means—
a
a constable, or
b
a counter-terrorism financial investigator.
;
b
in paragraph 6 after sub-paragraph (3) insert—
4
In the case of an order sought by a counter-terrorism financial investigator, the first condition is satisfied only to the extent that the terrorist investigation mentioned in sub-paragraph (2)(a) and (b) relates to terrorist property.
;
c
in paragraph 7(2)(a) for “constable” substitute “appropriate officer (as defined in paragraph 5(6))”;
d
in paragraph 13 after sub-paragraph (1) insert—
1A
A counter-terrorism financial investigator may apply to a Circuit Judge or a District Judge (Magistrates’ Courts) for an order under this paragraph requiring any person specified in the order to provide an explanation of any material produced or made available to a counter-terrorism financial investigator under paragraph 5.
4
In paragraph 1 of Schedule 6 (financial information orders)—
a
in sub-paragraph (1) after “constable” insert “or counter-terrorism financial investigator”;
b
in sub-paragraph (2)(a) after “constable” insert “or counter-terrorism financial investigator”.
5
In Schedule 6A (account monitoring orders)—
a
in paragraph 1 after sub-paragraph (4)(a) insert—
aa
a counter-terrorism financial investigator, in England and Wales or Northern Ireland;
;
b
after paragraph 3(3) insert—
4
If the application was made by a counter-terrorism financial investigator, the description of information specified in it may be varied by a different counter-terrorism financial investigator.
;
c
after paragraph 4(2) insert—
2A
If the application for the account monitoring order was made by a counter-terrorism financial investigator, an application to discharge or vary the order may be made by a different counter-terrorism financial investigator.
6
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash)—
a
after paragraph 10(7) insert—
7A
If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—
a
in the case of a counter-terrorism financial investigator who was—
i
a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or
ii
a member of staff of the City of London police force,
it is to be paid out of the police fund from which the expenses of the police force are met,
b
in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.
;
b
in paragraph 19(1)—
i
in the definition of “authorised officer”, after “constable” insert “, a counter-terrorism financial investigator”;
ii
at the appropriate place insert—
- “counter-terrorism financial investigator” is to be read in accordance with section 63F of the Terrorism Act 2000,
.