The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003

Made29th January 2003

Laid before Parliament3rd February 2003

Coming into force24th February 2003

The Secretary of State, in exercise of the powers conferred on him by sections 453 and 459(2) of the Proceeds of Crime Act 20021, hereby makes the following Order:

1.

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 and shall come into force on 24th February 2003.

2.

A reference to an accredited financial investigator in the Proceeds of Crime Act 2002 which is specified in column 1 of the Schedule to this Order is a reference to an accredited financial investigator who falls within the description specified in relation to that reference in column 2 of the Schedule to this Order.

Bob Ainsworth

Parliamentary Under-Secretary of State

Home Office

29th January 2003

THE SCHEDULE

Article 2

Column 1	Column 2
Section 42(2)(c) (application for restraint order under Part 2)	An accredited financial investigator who is— (a) a constable of a police force in England and Wales2; (b) a member of staff of a police force in England and Wales; (c) a customs officer; (d) a member of staff of the Financial Services Authority; (e) a member of staff of the Inland Revenue; (f) a member of staff of the Medicines and Healthcare Products Regulatory Agency3; (g) a member of staff of the Department for Work and Pensions; (h) a member of staff of the Investigation Branch of the Department for Environment, Food and Rural Affairs; (i) a member of staff of the Rural Payments Agency4; or (j) a member of staff of the Department of Trade and Industry.
Section 68(3)(c) (authorisation for application for restraint order under Part 2)	An accredited financial investigator who is a member of staff of— (a) the Financial Services Authority and is not below the grade designated by the Financial Services Authority as Head of Department; (b) the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as grade 65; (c) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper) 6; (d) the Department for Work and Pensions and is not below the grade designated by the Secretary of State for Work and Pensions as Senior Executive Officer7; (e) the Investigation Branch of the Department for Environment, Food and Rural Affairs and is not below the grade designated by the Secretary of State for Environment, Food and Rural Affairs as Senior Investigation Officer8; (f) the Rural Payments Agency and is not below the grade designated by the Chief Executive of the Agency as Senior Investigation Officer9; or (g) the Department of Trade and Industry and is a Deputy Chief Investigation Officer or Chief Investigation Officer not below the grade designated by the Secretary of State for Trade and Industry as range 910.
Section 191(2)(c) (application for restraint order under Part 4)	An accredited financial investigator who is— (a) a constable of the Police Service of Northern Ireland11; (b) a member of staff of the Police Service of Northern Ireland; (c) a customs officer; (d) a member of staff of the Financial Services Authority; (e) a member of staff of the Inland Revenue; (f) a member of staff of the Medicines and Healthcare Products Regulatory Agency; (g) a member of staff of the Department for Social Development in Northern Ireland; or (h) a member of staff of the Department of Health, Social Services and Public Safety in Northern Ireland.
Section 216(3)(c) (authorisation for application for restraint order under Part 4)	An accredited financial investigator who is a member of staff of— (a) the Financial Services Authority and is not below the grade designated by the Financial Services Authority as Head of Department; (b) the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as grade 6; (c) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper); or (d) the Department for Social Development in Northern Ireland and is not below the grade designated by the Department of Finance and Personnel in Northern Ireland12 as Deputy Principal.
Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— (a) a police force in England and Wales; (b) the Serious Fraud Office13; (c) the Financial Services Authority; (d) the Inland Revenue; (e) the Medicines and Healthcare Products Regulatory Agency; (f) the Department for Work and Pensions; (g) the Investigations Branch of the Department for Environment, Food and Rural Affairs; (h) the Rural Payments Agency; or (i) the Department of Trade and Industry. In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— (a) the Police Service of Northern Ireland; (b) the Serious Fraud Office; (c) the Financial Services Authority; (d) the Inland Revenue; (e) the Medicines and Healthcare Products Regulatory Agency; (f) the Department for Social Development in Northern Ireland; or (g) the Department of Health, Social Services and Public Safety in Northern Ireland.
Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— (a) the Serious Fraud Office and is not below the grade designated by the Director of the Serious Fraud Office as grade 614; (b) the Financial Services Authority and is not below the grade designated by the Financial Services Authority as Head of Department; (c) the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as grade 6; (d) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper); (e) the Department for Work and Pensions and is not below the grade designated by the Secretary of State for Work and Pensions as Senior Executive Officer; (f) the Investigation Branch of the Department for Environment, Food and Rural Affairs and is not below the grade designated by the Secretary of State for Environment, Food and Rural Affairs as Senior Investigation Officer; (g) the Rural Payments Agency and is not below the grade designated by the Chief Executive of the Agency as Senior Investigation Officer; or (h) the Department of Trade and Industry and is a Deputy Chief Investigation Officer or Chief Investigation Officer not below the grade designated by the Secretary of State for Trade and Industry as range 9. In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— (a) the Serious Fraud Office and is not below the grade designated by the Director of the Serious Fraud Office as grade 6; (b) the Financial Services Authority and is not below the grade designated by the Financial Services Authority as Head of Department; (c) the Inland Revenue and is not below the grade designated by the Commissioners of Inland Revenue as grade 6; (d) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper); or (e) the Department for Social Development in Northern Ireland and is not below the grade designated by the Department of Finance and Personnel in Northern Ireland as Deputy Principal.
Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— (a) a police force in England and Wales; (b) the Serious Fraud Office; (c) the Medicines and Healthcare Products Regulatory Agency; (d) the Department for Work and Pensions; or (e) the Department of Trade and Industry. In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— (a) the Police Service of Northern Ireland; (b) the Serious Fraud Office; (c) the Medicines and Healthcare Products Regulatory Agency; or (d) the Department for Social Development in Northern Ireland.
Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations)	In relation to England and Wales, an accredited financial investigator who is a member of staff of— (a) the Serious Fraud Office and is not below the grade designated by the Director of the Serious Fraud Office as grade 6; (b) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper); (c) the Department for Work and Pensions and is not below the grade designated by the Secretary of State for Work and Pensions as Senior Executive Officer; or (d) the Department of Trade and Industry and is a Deputy Chief Investigation Officer or Chief Investigation Officer not below the grade designated by the Secretary of State for Trade and Industry as range 9. In relation to Northern Ireland, an accredited financial investigator who is a member of staff of— (a) the Serious Fraud Office and is not below the grade designated by the Director of the Serious Fraud Office as grade 6; (b) the Medicines and Healthcare Products Regulatory Agency and is not below the grade designated by the Secretary of State for Health as integrated pay band 3 (upper); or (c) the Department for Social Development in Northern Ireland who is not below the grade designated by the Department of Finance and Personnel in Northern Ireland as Deputy Principal.

(This note is not part of the Order)

This Order provides that references to accredited financial investigators in the Proceeds of Crime Act 2002 (“the Act”) are to be read as references to accredited financial investigators within the description specified in this Order. Accredited financial investigators may apply for restraint orders under Parts 2 and 4 of the Act and may apply for orders and warrants in relation to confiscation investigations and money laundering investigations under Part 8 of the Act.