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
6
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;
- a
“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).