SCHEDULES

SCHEDULE 8Abolition of Assets Recovery Agency and its Director

Part 4Transfer of investigation functions

I1108

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.