Serious Crime Act 2007 (c. 27)

(The document as of February, 2008)

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Section 74(3)

SCHEDULE 9 Transfers to SOCA or NPIA

Interpretation

1 In this Schedule--

"the Agency" means the Assets Recovery Agency;
"the Director" means the Director of the Assets Recovery Agency;
"NPIA" means the National Policing Improvement Agency; and
"transfer scheme" means a scheme made by the Secretary of State under this Schedule.

Director and staff of Agency

2 (1) A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.

(2) If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.

(3) If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.

3 (1) A transfer scheme may provide--

(a) for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and

(b) for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.

(2) The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.

4 (1) A transfer scheme may provide--

(a) for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA by virtue of the scheme;

(b) for anything done before that transfer by, or in relation to, the employer in respect of such a contract or the employee to be treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.

(2) Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA--

(a) did not have a contract of employment; or

(b) held an appointment by virtue of a secondment.

(3) A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).

5 (1) A transfer scheme may provide for a person who--

(a) is the Director or a member of staff of the Agency; and

(b) would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.

(2) A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

6 (1) A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.

(2) The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.

Property, rights and liabilities etc.

7 (1) A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency.

(2) The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme.

(3) The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be--

(a) treated as done by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA;

(b) continued by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA.

(4) This sub-paragraph applies to--

(a) the Director;

(b) members of staff of the Agency.

(5) The scheme may, in particular, make provision about the continuation of legal proceedings.

8 A transfer scheme may provide for SOCA or NPIA to make any payment which--

(a) before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but

(b) is not a liability which can be transferred by virtue of paragraph 7.

Supplementary

9 (1) A transfer scheme may contain--

(a) further provision in connection with any of the matters to which paragraphs 2 to 8 relate;

(b) the provision mentioned in sub-paragraph (3).

(2) The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person's appointment or employment by or by virtue of the scheme.

(3) The provision mentioned in this sub-paragraph is provision--

(a) for the Secretary of State, or any other person nominated by or in accordance with the scheme, to determine any matter requiring determination under or in consequence of the scheme; and

(b) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

10 Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.

11 A transfer scheme is not an order of the Secretary of State for the purposes of section 89.

Section 77

SCHEDULE 10 Detained cash investigations: further provision

Amendments to the Proceeds of Crime Act 2002

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

2 In section 342(1) (offences of prejudicing investigation) after "a civil recovery investigation" insert ", a detained cash investigation".

3 In section 343(3) (judges) after "a civil recovery investigation" insert "or a detained cash investigation".

4 In section 344(b) (courts) after "a civil recovery investigation" insert "or a detained cash investigation".

5 In section 350(5)(b) (government departments) after "a civil recovery investigation" insert "or a detained cash investigation".

6 In section 351(8) (supplementary) after "a civil recovery investigation" insert "or a detained cash investigation".

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

(2) In subsection (3)(c) after "(7)" insert ", (7A), (7B)".

(3) After subsection (5)(b) insert--

" (c) a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation. "

8 (1) Section 353 (requirements where production order not available) is amended as follows.

(2) In subsection (5)(a) after "(7)" insert ", (7A), (7B)".

(3) After subsection (10)(b) insert--

" (c) a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation. "

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

(2) In the heading after "civil recovery" insert "and detained cash".

(3) In subsection (1) after "civil recovery investigations" insert "or detained cash investigations".

(4) In subsection (6) after "If" insert ", in the case of civil recovery investigations,".

(5) In subsection (10) for the words from "if" to "reasonable" substitute "if the appropriate person has reasonable".

(6) After subsection (10) insert--

" (11) The appropriate person is--

(a) the Director, if the warrant was issued for the purposes of a civil recovery investigation;

(b) a constable or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation. "

10 In section 357(2) (investigations to which disclosure orders do not apply) after "to a" insert "detained cash investigation or a".

11 In section 363 (customer information orders) after subsection (1) insert--

" (1A) No application for a customer information order may be made in relation to a detained cash investigation. "

12 In section 370 (account monitoring orders) after subsection (1) insert--

" (1A) No application for an account monitoring order may be made in relation to a detained cash investigation. "

13 In section 378 (officers) after subsection (3) insert--

" (3A) In relation to a detained cash investigation these are appropriate officers--

(a) a constable;

(b) an officer of Revenue and Customs. "

14 In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after "a civil recovery investigation" insert "or a detained cash investigation".

15 In section 385(4)(b) (government departments: Scotland) after "a civil recovery investigation" insert "or a detained cash investigation".

16 In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after "a civil recovery investigation" insert "or a detained cash investigation".

17 In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after "a civil recovery investigation" insert "or a detained cash investigation".

18 In section 388(5)(a) (requirements where production order not available: Scotland) after "(7)" insert ", (7A), (7B)".

19 (1) Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.

(2) In the heading after "civil recovery" insert ", detained cash".

(3) In subsection (1) after "civil recovery investigations" insert ", detained cash investigations".

(4) In subsection (5) after "a civil recovery investigation" insert "or a detained cash investigation".

(5) In subsection (6) after "a civil recovery investigation" insert "or a detained cash investigation".

(6) In subsection (7) after "a civil recovery investigation" insert "or a detained cash investigation".

20 In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after "to a" insert "detained cash investigation or a".

21 In section 397 (customer information orders: Scotland) after subsection (1) insert--

" (1A) No application for a customer information order may be made in relation to a detained cash investigation. "

22 In section 404 (account monitoring orders: Scotland) after subsection (1) insert--

" (1A) No application for an account monitoring order may be made in relation to a detained cash investigation. "

23 (1) Section 412 (interpretation: Scotland) is amended as follows.

(2) In the definition of "appropriate person", in paragraph (b), after "a civil recovery investigation" insert "or a detained cash investigation".

(3) In the definition of "proper person", in paragraph (b), after "a civil recovery investigation" insert "or a detained cash investigation".

24 (1) Section 416 (other interpretative provisions) is amended as follows.

(2) In subsection (1) after "confiscation investigation: section 341(1)" insert--

" detained cash investigation: section 341(3A) " .

(3) After subsection (7) insert--

" (7A) "Unlawful conduct" has the meaning given by section 241. "

25 In section 450(1)(a) (pseudonyms: Scotland) after "a civil recovery investigation" insert "or a detained cash investigation".

Other amendments

26 In section 18(2)(f) of the Civil Jurisdiction and Judgments Act 1982 (c. 27)--

(a) after "a civil recovery investigation" insert "or a detained cash investigation"; and

(b) for "meaning" substitute "meanings".

27 In section 64(3)(aa) of the Criminal Justice and Police Act 2001 (c. 16) after "a civil recovery investigation" insert "or a detained cash investigation".

28 In Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (functions of Commissioners and officers: restrictions etc.), after paragraph 13, insert--

" 13A The powers conferred on an officer of Revenue and Customs by virtue of section 352(5)(c), 353(10)(c), 356(11)(b) or 378(3A)(b) of the Act of 2002 (powers in relation to search and seizure warrants and production orders) are exercisable only in relation to cash seized in accordance with paragraph 13 above by an officer of Revenue and Customs under section 294 of that Act. "

Section 79

SCHEDULE 11 Powers to recover cash: financial investigators

Amendments to Chapter 3 of Part 5 of 2002 Act

1 Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings) is amended in accordance with paragraphs 2 to 13.

2 (1) Section 289 (powers to search for cash) is amended as follows.

(2) In subsection (1)--

(a) for "or constable who" substitute ", a constable or an accredited financial investigator"; and

(b) after "premises", where it first appears, insert "and".

(3) In subsection (2) for "or constable" substitute ", a constable or an accredited financial investigator".

(4) In subsections (3) and (4) for "or constable" substitute ", constable or accredited financial investigator".

(5) In subsection (5), after paragraph (b), insert--

" (c) are exercisable by an accredited financial investigator only in relation to premises or (as the case may be) suspects in England, Wales or Northern Ireland. "

3 (1) Section 290 (prior approval by senior officer) is amended as follows.

(2) In subsection (4), after paragraph (b), insert--

" (c) in relation to the exercise of the power by an accredited financial investigator, an accredited financial investigator who falls within a description specified in an order made for this purpose by the Secretary of State under section 453. "

(3) In subsection (6) for "or constable" substitute ", constable or accredited financial investigator".

4 In section 291(2) (report on exercise of powers) for "or constable" substitute ", constable or accredited financial investigator".

5 (1) Section 292 (code of practice) is amended as follows.

(2) In subsection (1) after "constables" insert "and accredited financial investigators".

(3) In subsection (6) for "or constable" substitute ", a constable or an accredited financial investigator".

6 (1) Section 294 (seizure of cash) is amended as follows.

(2) In subsections (1) and (2) for "or constable" substitute ", a constable or an accredited financial investigator".

(3) After subsection (3) insert--

" (4) This section does not authorise the seizure by an accredited financial investigator of cash found in Scotland. "

7 (1) Section 295 (detention of seized cash) is amended as follows.

(2) In subsection (1) for "or constable" substitute ", constable or accredited financial investigator".

(3) In subsection (4)(a) for "or a constable" substitute ", a constable or an accredited financial investigator".

8 In section 296(2) (release of part of cash seized) for "or constable" substitute ", constable or accredited financial investigator".

9 In section 297(4) (release of detained cash) after "constable" insert "or accredited financial investigator".

10 In section 298(1)(a) (power to apply for forfeiture) before "or" insert ", an accredited financial investigator".

11 After section 302(7) insert--

" (7A) If the cash was seized by an accredited financial investigator who was not an officer of Revenue and Customs or a constable, the compensation is to be paid as follows--

(a) in the case of an investigator--

(i) who was employed by a police authority in England and Wales under section 15 of the Police Act 1996 (c. 16) and was under the direction and control of the chief officer of police of the police force maintained by the authority, or

(ii) who was 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 an 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,

(c) in the case of an investigator who was a member of staff of a department of the Government of the United Kingdom, it is to be paid by the Minister of the Crown in charge of the department or by the department,

(d) in the case of an investigator who was a member of staff of a Northern Ireland department, it is to be paid by the department,

(e) in any other case, it is to be paid by the employer of the investigator.

(7B) The Secretary of State may by order amend subsection (7A). "

12 (1) Section 302A (powers for prosecutors to appear in proceedings) (as inserted by section 84(1) above) is amended as follows.

(2) In subsection (1)--

(a) after "constable", in the first place where it appears, insert "or an accredited financial investigator"; and

(b) after "constable", in the second place where it appears, insert "or (as the case may be) an accredited financial investigator".

(3) After subsection (3) insert--

" (4) The references in subsection (1) to an accredited financial investigator do not include an accredited financial investigator who is an officer of Revenue and Customs but the references in subsection (2) to an officer of Revenue and Customs do include an accredited financial investigator who is an officer of Revenue and Customs. "

13 After section 303 insert--

" 303A Financial investigators

(1) In this Chapter (apart from this section) any reference in a provision to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that provision by the Secretary of State under section 453.

(2) Subsection (1) does not apply to the second reference to an accredited financial investigator in section 290(4)(c).

(3) Where an accredited financial investigator of a particular description--

(a) applies for an order under section 295,

(b) applies for forfeiture under section 298, or

any subsequent step in the application or appeal, or any further application or appeal relating to the same matter, may be taken, made or brought by a different accredited financial investigator of the same description. "

Other amendments to 2002 Act

14 In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of information by the Director of the Assets Recovery Agency) before "or" insert ", an accredited financial investigator".

15 (1) Section 459 of that Act (orders and regulations) is amended as follows.

(2) In subsection (4)(a) (exceptions to negative procedure) after "292(4)," insert "302(7B),".

(3) In subsection (6)(a) (powers subject to affirmative procedure) after "292(4)," insert "302(7B),".

(4) After subsection (6) insert--

" (6A) If a draft of an order under section 302(7B) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument. "

Amendments to other enactments

16 In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after "Customs" insert ", an accredited financial investigator".

17 In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after "Customs" insert ", an accredited financial investigator".

Section 88

SCHEDULE 12 Revenue and Customs: regulation of investigatory powers

Police Act 1997 (c. 50)

1 In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)--

(a) in subsection (1B) for "customs officer" substitute "an officer of Revenue and Customs";

(b) in subsection (3)(d) for "a customs officer" substitute "an officer of Revenue and Customs"; and

" (h) an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs; " .

2 In section 94(2)(f) of that Act (urgency) for "by a customs officer designated by the Commissioners of Customs and Excise" substitute "by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs".

3 In section 107(4)(c) of that Act (supplementary) for "the Commissioners of Customs and Excise." substitute "the Commissioners for Her Majesty's Revenue and Customs."

4 In section 108(1) of that Act (interpretation) omit the definition of "customs officer".

Regulation of Investigatory Powers Act 2000 (c. 23)

5 The Regulation of Investigatory Powers Act 2000 is amended as follows.

6 In section 6(2)(h) (application for issue of interception warrant) for "the Commissioners of Customs and Excise" substitute "the Commissioners for Her Majesty's Revenue and Customs".

7 In section 21(5)(c) (acquisition of data, &c.) for "customs officers)." substitute "officers of Revenue and Customs)."

8 In the definition of "relevant public authority" in section 25(1) (communications data: interpretation) for paragraphs (d) and (e) substitute--

" (d) Her Majesty's Revenue and Customs; " .

9 In section 27(4)(c) (lawful surveillance, &c.) for "customs officers)." substitute "officers of Revenue and Customs)."

10 For section 32(6)(m) (authorisation of intrusive surveillance) substitute--

" (m) an officer of Revenue and Customs who is a senior official and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs; " .

11 In section 33 (surveillance: authorisation)--

(a) for subsection (2) substitute--

" (2) A person who is a designated person for the purposes of section 28 or 29 by reference to office, rank or position in Her Majesty's Revenue and Customs shall not grant an authorisation under that section except on an application made by an officer of Revenue and Customs. " ;

(b) for subsection (4) substitute--

" (4) A person who is a senior authorising officer by virtue of a designation by the Commissioners for Her Majesty's Revenue and Customs shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an officer of Revenue and Customs. " ; and

(and in the italic cross-heading before section 33 for "customs" substitute "Revenue and Customs").

12 In section 34 (grant of authorisation in senior officer's absence)--

(a) in subsection (1) for "a customs officer;" substitute "an officer of Revenue and Customs;";

(b) in subsection (2)(a) for "the Commissioners of Customs and Excise," substitute "the Commissioners for Her Majesty's Revenue and Customs,"; and

(i) for "the Commissioners of Customs and Excise," substitute "the Commissioners for Her Majesty's Revenue and Customs, and

(ii) after "if he is" insert "a senior official".

13 In section 35 (intrusive surveillance authorisation: notification)--

(a) in subsection (1) for "customs" substitute "Revenue and Customs";

(b) in subsection (10) for "customs" substitute "Revenue and Customs"; and

(c) in subsection (10)(b) for "the Commissioners of Customs and Excise;" substitute "the Commissioners for Her Majesty's Revenue and Customs;".

14 In section 36 (approval required for authorisation of intrusive surveillance to take effect)--

(a) for subsection (1)(d) substitute--

" (d) an officer of Revenue and Customs; " ; and

(b) for subsection (6)(g) substitute--

" (g) where the authorisation was granted by an officer of Revenue and Customs, the officer of Revenue and Customs for the time being designated for the purposes of this paragraph by a written notice given to the Chief Surveillance Commissioner by the Commissioners for Her Majesty's Revenue and Customs; " .

15 For section 37(1)(d) (quashing authorisations) substitute--

" (d) an officer of Revenue and Customs; "

(and in the heading to that section for "customs" substitute "Revenue and Customs").

16 For section 40(d) (information) substitute--

" (d) every officer of Revenue and Customs, " .

17 In section 46(3) (Scotland: restrictions) for paragraph (e) substitute--

" (e) the Commissioners for Her Majesty's Revenue and Customs; " .

18 In section 48(3)(c)(ii) (interpretation) for "customs officers)." substitute "officers of Revenue and Customs)."

19 In section 49(1)(e) (encrypted data: disclosure: permission) for "the customs and excise" substitute (in each place) "Her Majesty's Revenue and Customs".

20 In section 51 (cases where key required)--

(a) for "the customs and excise" (in each place) substitute "Her Majesty's Revenue and Customs"; and

(b) for "the Commissioners of Customs and Excise" (in each place) substitute "the Commissioners for Her Majesty's Revenue and Customs".

21 In section 54(3) (secrecy) for "the customs and excise" substitute (in each place) "Her Majesty's Revenue and Customs".

22 For section 55(1)(c) (general duty in relation to encrypted data) substitute--

" (c) the Commissioners for Her Majesty's Revenue and Customs; " .

23 In section 56(1) (interpretation) omit the definition of "the customs and excise".

24 For section 65(6)(f) (the Tribunal) substitute--

" (f) the Commissioners for Her Majesty's Revenue and Customs; " .

25 In section 71(2)(c) (codes of practice) for "customs and excise" substitute "Her Majesty's Revenue and Customs".

26 In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of "United Kingdom officer" substitute--

" (d) an officer of Revenue and Customs. "

27 In section 81(1) (interpretation) omit the definition of "customs officer".

28 In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute--

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