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The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 (S.I. 2009/975) (“the 2009 Order”) and the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015 (S.I. 2015/1853) (“the 2015 Order”). The 2009 Order extends to Northern Ireland and Scotland, and the 2015 Order extends to England and Wales.

Section 3 of the Proceeds of Crime Act 2002 (c. 29) (“the Act”) provides that the National Crime Agency (“NCA”) can train and accredit financial investigators in the use of certain powers within the Act. These are known as accredited financial investigators (“AFIs”). AFIs do not operate in Scotland. The Act states that the following powers (“the relevant powers”) may be exercised by AFIs:

  • the power to apply to the court for a restraint order for property which may become subject to a confiscation order following a conviction (section 42 of the Act in respect of England and Wales, section 191 of the Act in respect of Northern Ireland);

  • the power to search for, seize and retain property with a view to its future realisation, to support enforcement of a (future) confiscation order (sections 47A to 47R of the Act in respect of England and Wales, sections 195A to 195R in respect of Northern Ireland);

  • the powers to search for, seize, detain and seek the forfeiture of cash suspected of being the proceeds of crime or intended for use in unlawful conduct (sections 289 to 303A of the Act);

  • the ability to apply to the court for investigation orders and warrants in confiscation investigations, money laundering investigations and detained cash investigations (section 378 of the Act); and

  • the power to execute search warrants in financial investigations (sections 352 and 353 of the Act).

Section 453 of the Act provides the Secretary of State with a power to provide by Order that a specified reference in the Act to an AFI is a reference to an AFI as described in the Order. The 2009 and 2015 Orders were made under section 453 of the Act, and list the bodies which are able to use AFIs in respect of each of the relevant powers. Article 3 of, and Schedule 1 to, this Order amend the 2009 Order, and Article 4 of, and Schedule 2 to, this Order amend the 2015 Order. The effects of the amendments are to allow the Ministry of Defence and Velindre National Health Trust (in relation to England and Wales only) to use AFIs in respect of certain powers. The amendments also increase the range of powers in respect of which certain bodies can use AFIs, and remove AFIs working for certain bodies from access to the powers. In addition, references to certain bodies which have changed their names are updated, and changes to the level of seniority at which an AFI can authorise another AFI to use certain powers are also made.

An impact assessment has not been produced for this instrument as it has no direct impact on business, the public sector, charities or voluntary bodies.