SCHEDULES

SCHEDULE 8Abolition of Assets Recovery Agency and its Director

Part 7Amendments to other enactments

Serious Organised Crime and Police Act 2005 (c. 15)

I1I2169

After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—

2AFunctions of SOCA as to the recovery of assets

SOCA has the functions conferred on it (whether directly or through its staff) by the Proceeds of Crime Act 2002 (c. 29) (functions relating to the recovery of assets).

I3170

1

Section 5 of that Act (SOCA's general powers) is amended as follows.

2

In subsection (2)(d) after “or 3” insert “ or mentioned in section 2A, ”.

3

In subsection (3) after “3” insert “ or mentioned in section 2A ”.

4

In subsection (4) after “section” insert “ 2A or ”.

I4171

After section 19(4) of that Act (charges by SOCA and other receipts) insert—

4A

Subsection (3) is subject to any provision made by the Proceeds of Crime Act 2002 (c. 29).

I5172

1

Section 33 (disclosure of information by SOCA) of that Act is amended as follows.

2

In subsection (2) after paragraph (c) insert—

ca

the exercise of any function of SOCA mentioned in section 2A (functions relating to the recovery of assets);

cb

the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29);

cc

the exercise of any functions of the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act;

cd

the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act;

ce

investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act;

3

After subsection (2) insert—

2A

Subsections (1) and (2) do not apply to information obtained by SOCA in connection with the exercise of its functions under Part 6 of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).

2B

But such information may be disclosed by SOCA—

a

to the Commissioners;

b

to the Lord Advocate for the purpose of the exercise by the Lord Advocate of his functions under Part 3 of that Act (confiscation: Scotland).

2C

Information disclosed to the Lord Advocate under subsection (2B)(b) may be further disclosed by him only to the Scottish Ministers for the purpose of the exercise by them of their functions under Part 5 of that Act (civil recovery of the proceeds etc. of unlawful conduct).

2D

Subsections (1) and (2), so far as relating to disclosure for the purposes of the exercise of any functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (c. 29) or of the Scottish Ministers under, or in relation to, Part 5 of that Act, do not apply to information obtained by SOCA in connection with the exercise of any of its functions other than its functions under that Act.

I6173

After section 35(1) of that Act (restrictions on further disclosure) insert—

1A

Subsection (1) does not apply to—

a

information disclosed by SOCA under section 33 to the Lord Advocate for the purpose of the exercise of any of his functions under Part 3 of the Proceeds of Crime Act 2002; or

b

information disclosed by SOCA under section 33 to the Scottish Ministers for the purposes of the exercise of any of their functions under, or in relation to, Part 5 of that Act;

but see instead section 441 of the Proceeds of Crime Act 2002.

I7174

In paragraph 8 of Schedule 1 to that Act (SOCA's staff) after sub-paragraph (1), insert—

1A

SOCA must appoint one of its employees as a person with responsibilities in relation to the exercise of SOCA's functions in Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).

I8175

In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.