Crime (Overseas Production Orders) Act 2019

2 Appropriate officers

(1) In this Act “appropriate officer” means—

(a) in relation to England and Wales and Northern Ireland—

(i) a constable,

(ii) an officer of Revenue and Customs,

(iii) a member of the Serious Fraud Office,

(iv) an accredited financial investigator,

(v) a counter-terrorism financial investigator,

(vi) a person appointed by the Financial Conduct Authority under section 168(3) or (5) of the Financial Services and Markets Act 2000 to conduct an investigation, or

(vii) a person of a description specified in regulations made by the Secretary of State;

(b) in relation to Scotland—

(i) a procurator fiscal,

(ii) a constable,

(iii) an officer of Revenue and Customs,

(iv) a person appointed by the Financial Conduct Authority under section 168(3) or (5) of the Financial Services and Markets Act 2000 to conduct an investigation, or

(v) a person of a description specified in regulations made by the Secretary of State.

(2) An accredited financial investigator may exercise a function conferred by a provision of this Act only if exercising the function for the purposes of a confiscation investigation or a money laundering investigation within the meaning of Part 8 of the Proceeds of Crime Act 2002 (see section 341 of that Act).

(3) A counter-terrorism financial investigator other than a Schedule 5A counter-terrorism financial investigator may exercise a function conferred by a provision of this Act only if exercising the function for the purposes of a terrorist investigation so far as relating to terrorist property.

(4) A Schedule 5A counter-terrorism financial investigator may exercise a function conferred by a provision of this Act only if exercising the function for the purposes of a terrorist financing investigation.

(5) A person mentioned in any of sub-paragraphs (ii) to (v) of subsection (1)(b) may exercise a function conferred by a provision of this Act only if authorised to do so by a procurator fiscal.

(6) A certificate of a procurator fiscal that a person mentioned in any of sub-paragraphs (ii) to (v) of subsection (1)(b) had authority to exercise a function conferred by a provision of this Act is conclusive evidence of that fact.

(7) If regulations under subsection (1)(a)(vii) describe a person by reference to the person being authorised by another person, the regulations may include provision which has a similar effect to the provision made by subsection (6).

(8) In this section—

• “accredited financial investigator” has the same meaning as in the Proceeds of Crime Act 2002 (see section 3 of that Act);

• “counter-terrorism financial investigator” means a person who is accredited—

  (a)

  by virtue of section 63F(4)(a) of the Terrorism Act 2000 in relation to that Act, or

  (b)

  by virtue of section 63F(4)(c) of the Terrorism Act 2000 in relation to Schedule 5 or 5A to that Act;

• “Schedule 5A counter-terrorism financial investigator” means a person who is accredited by virtue of section 63F(4)(c) of the Terrorism Act 2000 in relation to Schedule 5A to that Act and not in relation to Schedule 5 to that Act;

• “terrorist financing investigation” has the same meaning as in Part 1 of Schedule 5A to the Terrorism Act 2000 (see paragraph 4 of that Schedule);

• “terrorist investigation” has the same meaning as in the Terrorism Act 2000 (see section 32 of that Act);

• “terrorist property” has the same meaning as in the Terrorism Act 2000 (see section 14 of that Act).