Overseas production orders

2Appropriate 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—

    1. a

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

    2. 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).