Crime and Courts Act 2013

Valid from 07/10/2013

Proceeds of Crime Act 2002 (c. 29) U.K.

108 U.K. The Proceeds of Crime Act 2002 is amended as follows.

109 U.K. In section 2A (contribution to the reduction of crime), in subsections (2)(a) and (3)(a), for “SOCA” substitute “ the National Crime Agency ”.

110 (1) Section 2B (SOCA and members of SOCA's staff) is amended in accordance with this paragraph. U.K.

(2) For the title substitute “ The National Crime Agency and its officers ”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a) for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b) for “SOCA” (in each other place) substitute “ that Agency ”.

(5) Omit subsection (3).

111 (1) Section 3 (accreditation and training of financial investigators) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

(3) In subsection (2), at the end of paragraph (b) insert “, and

(c) securing that decisions under that system which concern—

(i) the grant or withdrawal of accreditations, or

(ii) the monitoring of the performance of accredited financial investigators,

are taken without regard to their effect on operations by the National Crime Agency or any other person.”.

(4) In subsection (7), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

112 U.K. In section 41A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (d) substitute—

“(d) a National Crime Agency officer,”.

113 U.K. In section 55 (sums received by designated officer), in subsection (8), for paragraph (h) substitute—

“(h) a National Crime Agency officer,”.

114 U.K. In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

115 U.K. In section 120A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (c)—

“(c) a National Crime Agency officer;”.

116 U.K. In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

117 U.K. In section 190A (restraint orders: power to retain seized property etc — Northern Ireland), in subsection (3), for paragraph (d)—

“(d) a National Crime Agency officer;”.

118 U.K. In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for “members of staff of SOCA” substitute “ NCA officers ”.

119 U.K. In section 203 (sums received by chief clerk), in subsection (8), for paragraph (h)—

“(h) a National Crime Agency officer.”.

120 U.K. In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

121 U.K. In section 316 (general interpretation), in subsection (1), in paragraphs (a) and (c) of the definition of “enforcement authority”, for “SOCA” substitute “ the National Crime Agency ”.

122 (1) Section 317 (SOCA's general Revenue functions) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

123 U.K. In section 318 (revenue functions regarding employment), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

124 U.K. In section 319 (source of income), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

125 (1) Section 321 (SOCA's functions: transfers of value) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

126 (1) Section 322 (SOCA's functions: certain settlements) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

127 U.K. In section 324 (exercise of Revenue functions), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

128 (1) In section 325 (declarations), in subsection (2)— U.K.

(a) for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) for “any of SOCA's functions” substitute “ any function of the National Crime Agency ”;

(c) for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

129 U.K. In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

130 U.K. In section 331 (failure to disclose: nominated officers in the regulated sector), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

131 U.K. In section 332 (failure to disclose: other nominated officers), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

132 U.K. In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

133 U.K. In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and (4)(a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

134 U.K. In section 339ZA (disclosures to SOCA)—

(a) in the title, for “SOCA” substitute “ the NCA ”;

(b) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

135 U.K. In section 340 (interpretation), in subsection (13), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

136 U.K. In section 351 (applications for orders: supplementary), in subsection (5), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

137 U.K. In section 352 (search and seizure warrants), in subsection (5)—

(a) in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

(b) in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

138 U.K. In section 353 (requirements where production order not available), in subsection (10)—

(a) in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

(b) in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

139 U.K. In section 357 (disclosure orders), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

140 U.K. In section 362 (supplementary), in subsection (4A), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

141 U.K. In section 369 (supplementary), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

142 U.K. In section 375 (supplementary), in subsection (4), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

143 U.K. In section 377 (code of practice of Secretary of State etc), in subsection (1), for paragraphs (a) and (b) substitute—

“(a) the Director General of the National Crime Agency;

(b) other National Crime Agency officers;”.

144 (1) Section 378 (officers) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for paragraph (a) substitute—

“(a) a National Crime Agency officer;”.

(3) In subsection (2), for paragraph (a) substitute—

“(a) a senior National Crime Agency officer;”.

(4) In subsection (3)—

(a) in paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) in paragraph (b), for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”.

(5) In subsection (5), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

(6) In subsection (6A), for “a member of SOCA's staff” substitute “ a National Crime Agency officer ”.

(7) In subsection (8)—

(a) for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”;

(b) in paragraph (a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”;

(c) in paragraph (b), for “member of SOCA's staff” substitute “ other National Crime Agency officer ”.

145 U.K. In section 416 (other interpretative provisions), in subsection (2), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

146 U.K. In section 438 (disclosure of information by certain directors), in subsection (1)(fa), for “SOCA” substitute “ the National Crime Agency ”.

147 U.K. In section 439 (disclosure of information to Lord Advocate and to Scottish Ministers), in subsection (5)(b), for “SOCA” substitute “ the National Crime Agency ”.

148 U.K. In section 443 (enforcement in different parts of the United Kingdom), in subsection (3), for “SOCA” substitute “ the National Crime Agency or its officers ”.

149 U.K. In section 444 (external requests and orders), in subsection (4), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

150 U.K. In section 445 (external investigations), for “SOCA” substitute “ the National Crime Agency or its officers ”.

151 (1) In section 449 (SOCA's staff: pseudonyms) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's staff” substitute “ NCA officers ”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) in paragraph (a), for “by SOCA to do anything” substitute “ to do anything on behalf of the National Crime Agency ”;

(c) in paragraph (b), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

(4) In subsection (2), for “member of the SOCA's staff” substitute “ National Crime Agency officer ”.

(5) In subsections (3) (in each place) and (4), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

(6) In subsection (6)—

(a) for “a member of SOCA's staff” substitute “ an NCA officer ”;

(b) for “SOCA” substitute “ the Director General of the NCA ”.

152 U.K. In Schedule 8 (forms of declarations)—

(a) for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b) for “SOCA” (in the second place) substitute “ that Agency ”;

(c) for “its” substitute “that Agency's”.