Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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(a) in paragraph (b) omit "or 52"; and

(b) in paragraph (d) omit "or 200".

(3) In subsection (5)--

(a) in paragraph (a) for ", 50 or 52" substitute "or 50"; and

(b) in paragraph (c) for ", 198 or 200" substitute "or 198".

83 In section 432(7) (insolvency practitioners)--

(a) in paragraph (a) for ", 55(3), 56(2) or 57(3)" substitute "or 55(3)"; and

(b) in paragraph (c) for ", 203(3), 204(2) or 205(3)" substitute "or 203(3)".

84 In Schedule 10 (tax), in paragraph 1--

(a) in paragraph (a) for ", 50 or 52" substitute "or 50"; and

(b) in paragraph (c) for ", 198 or 200" substitute "or 198".

Part 2 Transfer of civil recovery functions

85 The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

86 In section 246(7) (application for interim receiving order) for "Agency" substitute "enforcement authority".

87 After section 272(6) (compensation for loss in relation to associated and joint property) insert--

" (7) In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned. "

88 (1) Section 280 (applying realised proceeds) is amended as follows.

(2) In subsection (3)--

(a) for "Director" substitute "enforcement authority (unless it is the Scottish Ministers)"; and

(b) for "him" substitute "it".

(3) In subsection (4) for "Agency" substitute "enforcement authority concerned".

89 After section 283(9) (compensation) insert--

" (10) In the case of an enforcement authority in relation to England and Wales or Northern Ireland--

(a) the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and

(b) the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned. "

90 Omit section 313 (restriction on performance of Director's functions by police).

91 (1) Section 316 (general interpretation: Part 5) is amended as follows.

(2) In subsection (1), in the definition of "enforcement authority"--

(a) for paragraph (a) substitute--

" (a) in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, " ; and

(b) after paragraph (b) insert--

" (c) in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland, " .

(3) After subsection (8) insert--

" (8A) In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order. "

Part 3 Transfer or abolition of Revenue functions

92 The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.

93 (1) Section 317 (Director's general Revenue functions) is amended as follows.

(2) In the heading for "Director's" substitute "SOCA's".

(3) In subsection (1) for "the Director" substitute "SOCA".

(4) In subsection (2) for "the Director", in both places where it appears, substitute "SOCA".

(5) In subsection (3) for "the Director" substitute "SOCA".

(6) In subsection (4) for "The Director" substitute "SOCA".

(7) In subsection (6) for "the Director" substitute "SOCA".

(8) In subsection (7) for "the Director" substitute "SOCA".

(9) In subsection (8)(b) for "the Director" substitute "SOCA".

94 (1) Section 318 (Revenue functions regarding employment) is amended as follows.

(2) In subsection (1)(a) for "the Director" substitute "SOCA".

(3) In subsection (2) for "the Director" substitute "SOCA".

(4) In subsection (3)(a) for "the Director" substitute "SOCA".

(5) In subsection (4) for "the Director" substitute "SOCA".

95 (1) Section 319 (source of income) is amended as follows.

(2) In subsection (1)--

(a) for "the Director" substitute "SOCA";

(b) for "him" substitute "it"; and

(3) In subsection (2) for "the Director" substitute "SOCA".

(4) In subsection (3)--

(a) for "the Director" substitute "SOCA"; and

(b) for "him" substitute "SOCA".

96 (1) Section 320 (appeals) is amended as follows.

(2) In subsection (1) for "the Director" substitute "SOCA".

(3) In subsection (2)--

(a) for "the Director" substitute "SOCA"; and

(b) for "his" substitute "its".

97 (1) Section 321 (Director's functions: transfers of value) is amended as follows.

(2) In the heading for "Director's" substitute "SOCA's".

(3) In subsection (1)--

(a) for "the Director" substitute "SOCA"; and

(b) in paragraph (b) for "it" substitute "the transfer of value".

(4) In subsection (2) for "the Director", in both places where it appears, substitute "SOCA".

(5) In subsection (3) for "the Director" substitute "SOCA".

(6) In subsection (4) for "The Director" substitute "SOCA".

(7) In subsection (5) for "the Director" substitute "SOCA".

(8) In subsection (6) for "the Director" substitute "SOCA".

98 (1) Section 322 (Director's functions: certain settlements) is amended as follows.

(2) In the heading for "Director's" substitute "SOCA's".

(3) In subsection (1) for "the Director" substitute "SOCA".

(4) In subsection (2)--

(a) for "the Director", in both places where it appears, substitute "SOCA"; and

(b) in paragraph (c) for "he" substitute "SOCA".

(5) In subsection (3) for "the Director" substitute "SOCA".

(6) In subsection (4) for "The Director" substitute "SOCA".

(7) In subsection (5) for "the Director" substitute "SOCA".

(8) In subsection (6) for "the Director" substitute "SOCA".

99 (1) Section 324 (exercise of Revenue functions) is amended as follows.

(2) In subsection (1) for "the Director" substitute "SOCA".

(3) In subsection (2) for "Paragraph (b) of section 1(6)" substitute "Section 2B(2)".

(4) In subsection (3) for "The Director" substitute "SOCA".

(5) In subsection (4) for "The Director" substitute "SOCA".

(6) In subsection (5)--

(a) for "The Director" substitute "SOCA"; and

(b) for "they" substitute "the Board".

100 (1) Section 325 (declarations) is amended as follows.

(2) Omit subsection (1).

(3) For subsection (2) substitute--

" (2) Every member of SOCA's staff who is assigned to carry out any of SOCA's functions under this Part must, as soon as practicable after being so assigned, make a declaration in the form set out in Schedule 8 before a person nominated by the Director General of SOCA for the purpose. "

101 (1) Schedule 8 (forms of declarations) is amended as follows.

(2) Omit the words from "The Director", where it first appears, to "by law."", where it first appears.

(3) For "The Staff Of The Agency" substitute "SOCA's Staff".

(4) For "authorised by the Director of the Assets Recovery Agency" substitute "assigned by SOCA".

(5) For "to the Director" substitute "to SOCA".

(6) For "his" substitute "its".

102 The Secretary of State may by order--

(a) repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and

(b) make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.

Part 4 Transfer of investigation functions

103 The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

104 In section 351(5) (supplementary)--

(a) after "investigator,", where it first appears, insert "a member of SOCA's staff,"; and

(b) after "investigator,", where it appears for the second time, insert "member of SOCA's staff,".

105 (1) Section 352 (search and seizure warrants) is amended as follows.

(2) In subsection (5)(b) for "named member of the staff of the Agency" substitute "member of SOCA's staff or of the staff of the relevant Director".

(3) After subsection (5) insert--

" (5A) In this Part "relevant Director"--

(a) in relation to England and Wales, means the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office; and

(b) in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland. "

106 In section 353(10)(b) (requirements where production order not available) for "the staff of the Agency" substitute "SOCA's staff or of the staff of the relevant Director".

107 (1) Section 356 (further provisions: civil recovery) is amended as follows.

(2) Omit subsection (6).

(3) In subsection (11)(a) (as inserted by Schedule 10) for "the Director" substitute "an appropriate officer".

108 (1) Section 357 (disclosure orders) is amended as follows.

(2) In subsection (1) for "the Director" substitute "the relevant authority".

(3) After subsection (2) insert--

" (2A) The relevant authority may only make an application for a disclosure order in relation to a confiscation investigation if the relevant authority is in receipt of a request to do so from an appropriate officer. "

(4) In subsection (3)(a) for "the Director" substitute "an appropriate officer".

(5) In subsection (4)--

(a) for "the Director", where it first appears, substitute "an appropriate officer"; and

(b) for "the Director", where it appears for the second time, substitute "the appropriate officer".

(6) In subsection (5) for "the Director" substitute "the appropriate officer concerned".

(7) After subsection (6) insert--

" (7) In this Part "relevant authority" means--

(a) in relation to a confiscation investigation, a prosecutor; and

(b) in relation to a civil recovery investigation, a member of SOCA's staff or the relevant Director.

(8) For the purposes of subsection (7)(a) a prosecutor is--

(a) in relation to a confiscation investigation carried out by a member of SOCA's staff, the relevant Director or any specified person;

(b) in relation to a confiscation investigation carried out by an accredited financial investigator, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person;

(c) in relation to a confiscation investigation carried out by a constable, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of the Serious Fraud Office or any specified person; and

(d) in relation to a confiscation investigation carried out by an officer of Revenue and Customs, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.

(9) In subsection (8) "specified person" means any person specified, or falling within a description specified, by an order of the Secretary of State. "

109 (1) Section 361 (further provisions) is amended as follows.

(2) In subsection (7) for "The Director" substitute "An appropriate officer".

(3) In subsection (9) for "the Director" substitute "an appropriate officer".

110 (1) Section 362 (supplementary) is amended as follows.

(2) In subsection (3)(a) for "Director" substitute "person who applied for the order".

(3) After subsection (4) insert--

" (4A) If a member of SOCA's staff or a person falling within a description of persons specified by virtue of section 357(9) applies for a disclosure order, an application to discharge or vary the order need not be by the same member of SOCA's staff or (as the case may be) the same person falling within that description.

(4B) References to a person who applied for a disclosure order must be construed accordingly. "

(4) In subsection (5) for "(4)" substitute "(4B)".

111 (1) Section 369 (supplementary) is amended as follows.

(2) In subsection (5)--

(a) after "investigator,", where it first appears, insert "a member of SOCA's staff,"; and

(b) after "investigator,", where it appears for the second time, insert "member of SOCA's staff,".

(3) In subsection (7) after "investigator," insert "a member of SOCA's staff,".

112 In section 375(4) (supplementary)--

(a) after "investigator,", where it first appears, insert "a member of SOCA's staff,"; and

(b) after "investigator,", where it appears for the second time, insert "member of SOCA's staff,".

113 Omit section 376 (evidence overseas).

114 (1) Section 377 (code of practice) is amended as follows.

(2) In the heading after "practice" insert "of Secretary of State etc.".

(3) In subsection (1)--

(a) in paragraph (a) for "the Director" substitute "the Director General of SOCA"; and

(b) in paragraph (b) for "members of the staff of the Agency" substitute "other members of SOCA's staff".

(4) In subsection (9)--

(a) after "officer" insert "or the relevant authority"; and

(b) for "he" substitute "either".

115 After section 377 (code of practice of Secretary of State etc.) insert--

" 377A Code of practice of Attorney General or Advocate General for Northern Ireland

(1) The Attorney General must prepare a code of practice as to--

(a) the exercise by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions and the Director of the Serious Fraud Office of functions they have under this Chapter; and

(b) the exercise by any other person, who is the relevant authority by virtue of section 357(9) in relation to a confiscation investigation, of functions he has under this Chapter in relation to England and Wales as the relevant authority.

(2) The Advocate General for Northern Ireland must prepare a code of practice as to--

(a) the exercise by the Director of Public Prosecutions for Northern Ireland of functions he has under this Chapter; and

(3) After preparing a draft of the code the Attorney General or (as the case may be) the Advocate General for Northern Ireland--

(a) must publish the draft;

(b) must consider any representations made to him about the draft;

(4) After the Attorney General or the Advocate General for Northern Ireland has proceeded under subsection (3) he must lay the code before Parliament.

(5) When the code has been so laid the Attorney General or (as the case may be) the Advocate General for Northern Ireland may bring the code into operation on such day as he may appoint by order.

(6) A person specified in subsection (1)(a) or (b) or (2)(a) or (b) must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter to which the code relates.

(7) If such a person fails to comply with any provision of such a code of practice the person is not by reason only of that failure liable in any criminal or civil proceedings.

(8) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

(9) The Attorney General or (as the case may be) the Advocate General for Northern Ireland may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

(10) In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland. "

116 (1) Section 378 (officers) is amended as follows.

(2) In subsection (1)(a) for "the Director" substitute "a member of SOCA's staff".

(3) In subsection (2)(a) for "the Director" substitute "a senior member of SOCA's staff".

(4) In subsection (3) for the words from "the Director", where it first appears, to the end of the subsection substitute " --

(a) a member of SOCA's staff or the relevant Director is an appropriate officer;

(b) a senior member of SOCA's staff is a senior appropriate officer. "

(5) In subsection (5) for "the Serious Organised Crime Agency" substitute "SOCA".

(6) Omit subsection (7).

(7) After subsection (7) insert--

" (8) For the purposes of this Part a senior member of SOCA's staff is--

(a) the Director General of SOCA; or

(b) any member of SOCA's staff authorised by the Director General (whether generally or specifically) for this purpose. "

117 In section 416(2) (other interpretative provisions)--

(a) after the entry for production order insert--

" relevant authority: section 357(7) to (9)
relevant Director: section 352(5A) " ; and

(b) at the end insert--

" senior member of SOCA's staff: section 378(8). "

118 After section 449 (pseudonyms) insert--

" 449A Staff of relevant Directors: pseudonyms

(1) This section applies to a member of the staff of the relevant Director if--

(a) the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and

(b) it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name.

(2) The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym.

(3) For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym.

(4) In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.

(5) The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf.

(6) In this section "relevant Director" has the meaning given by section 352(5A). "

119 (1) Section 459 (orders and regulations) is amended as follows.

(2) In subsection (3) after "instrument" insert "(other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))".

(3) In subsection (4)(a) after "377(4)" insert ", 377A(5)".

(4) After subsection (6)(a) insert--

" (aa) by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House; " .

(5) After subsection (7) insert--

" (8) In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland. "

Part 5 Transfer of accreditation and training functions

120 (1) Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows.

(2) In subsection (1)--

(a) for "Director" substitute "National Policing Improvement Agency"; and

(b) for "establish" substitute "provide".

(3) Omit subsection (6).

(4) In subsection (7) for "Director" substitute "National Policing Improvement Agency".

(5) Omit subsection (8).

Part 6 Other amendments to 2002 Act

121 The Proceeds of Crime Act 2002 is amended as follows.

122 In the heading for Part 1 for "Assets Recovery Agency" substitute "Introductory".

123 Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director's general functions).

124 After section 2 insert--

" 2A Contribution to the reduction of crime

(1) A relevant authority must exercise its functions under this Act in the way which it considers is best calculated to contribute to the reduction of crime.

(2) In this section "a relevant authority" means--

(a) SOCA,

(b) the Director of Public Prosecutions,

(d) the Director of Revenue and Customs Prosecutions, or

(e) the Director of the Serious Fraud Office.

(3) In considering under subsection (1) the way which is best calculated to contribute to the reduction of crime a relevant authority must have regard to any guidance given to it by--

(a) in the case of SOCA, the Secretary of State,

(b) in the case of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office, the Attorney General, and

(4) The guidance must indicate that the reduction of crime is in general best secured by means of criminal investigations and criminal proceedings.

(5) The reference in this section to the Advocate General for Northern Ireland is to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to the Attorney General for Northern Ireland.

2B SOCA and members of SOCA's staff

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