2015 No. 1752

Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland

The Proceeds of Crime Act 2002 (External Investigations) (Amendment) (No. 2) Order 2015

Made

Laid before Parliament

Coming into force

At the Court at Buckingham Palace, the 8th day of October 2015

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 445 and 459(2) of the Proceeds of Crime Act 20021, is pleased, by and with the advice of Her Privy Council, to order as follows.

Citation and commencement1

1

This Order may be cited as the Proceeds of Crime Act 2002 (External Investigations) (Amendment) (No. 2) Order 2015.

2

This Order comes into force on 30th November 2015.

Interpretation2

In this Order, “the 2014 Order” means the Proceeds of Crime Act 2002 (External Investigations) Order 20142.

Amendment of article 2 of the 2014 Order (interpretation)3

Article 2(1) of the 2014 Order is amended as follows—

a

in the definition of “appropriate officer”, before “a constable” insert “an accredited financial investigator,”; and

b

in the definition of “senior appropriate officer”—

i

in paragraph (a) omit “or”; and

ii

after paragraph (a) insert—

aa

an accredited financial investigator who is under the direction of a relevant Director as defined in section 352(5A) of the Act3.

Amendment of article 4 of the 2014 Order (action on receipt of a request in relation to an external investigation)4

Article 4 of the 2014 Order is amended as follows—

a

in paragraph (1), after “NCA,” insert “a relevant Director as defined in section 352(5A) of the Act (“a relevant Director”),”;

b

in paragraph (2), after “NCA,” insert “a relevant Director,”.

Richard TilbrookClerk of the Privy Council
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (External Investigations) Order 2014 (S.I. 2014/1893) to enable an accredited financial investigator to exercise the powers of an appropriate officer under that Order.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.