The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008

3.—(1) Order 123(1) (civil recovery) of the Rules of the Supreme Court (Northern Ireland) 1980 is amended as follows.

(2) For Rule 3 substitute—

“Pseudonyms

3.   Where a member of staff—

(i) of the Serious Organised Crime Agency in relation to whom a direction under section 449 has effect, or

(ii) of the relevant Director in relation to whom a direction under section 449A has effect,

gives written or oral evidence under this Order, a copy of the certificate issued under section 449(3) or 449A(3) shall be filed in the appropriate office.”.

(3) In Rule 5—

(a) in paragraph (1) for the word “Director” substitute “enforcement authority”; and

(b) in paragraph (3)(e) for the word “Director” substitute “enforcement authority”.

(4) In Rule 7—

(a) in paragraph (1) for the word “Director” substitute “enforcement authority”;

(b) in paragraph (2)(d) for the word “Director” substitute “enforcement authority”;

(c) in paragraph (3)(b) for the word “Director” in each place where it occurs substitute “enforcement authority”; and

(d) in paragraph (4) for the word “Director” in each place where it occurs substitute “enforcement authority”.

(5) In Rule 10(3)(e) for the word “Director” substitute “enforcement authority”.

(6) In Rule 12 for the word “Director” substitute “enforcement authority”.

(7) In Rule 19—

(a) in paragraph (2)(d) for the words “member of staff of the Agency” substitute “ member of staff of the Serious Organised Crime Agency or of the staff of the relevant Director”;

(b) in paragraph (2)(e) for the words “member of staff of the Agency” substitute “ member of staff of the Serious Organised Crime Agency or of the staff of the relevant Director”; and

(c) in paragraph (2)(e) for the words “the Director” substitute “a senior member of staff of the Serious Organised Crime Agency or of the staff of the relevant Director”.

(8) In Rule 20—

(a) in paragraph (1) for the word “Director” substitute “relevant authority”; and

(b) in paragraph(1)(a) for the words “the Director” substitute “an appropriate officer”.

(9) In Rule 21 for the words “the Director” substitute “an appropriate officer”.

(10) In Rule 22—

(a) in paragraph (1) for the words “the Director” substitute “an appropriate officer”; and

(b) in paragraph (2)(b) for the words “the member of staff of the Agency” substitute “ an appropriate officer”.

(11) In Rule 23 for the words “the Director” substitute “an appropriate officer”.

(12) In Rule 24(1) for the words “the Director” substitute “an appropriate officer”.

(13) In Rule 25 for the words “the Director” substitute “an appropriate officer”.

(14) In Rule 26—

(a) in paragraph (2) for the words “the Director” substitute “the appropriate officer”; and

(b) in paragraph (3) for the words “the Director” substitute “an appropriate officer”.

(15) In Appendix A, Form 72—

(a) in the heading, after “Applicant” for the words “Director of the Assets Recovery Agency” substitute “[insert appropriate officer]”;

(b) in paragraph 1 for the words “Director of the Assets Recovery Agency (“the Agency”)” substitute “[insert appropriate officer]”;

(c) in paragraph 2 for the words “Assets Recovery Agency” substitute “[insert appropriate officer]”; and

(d) in paragraph 3 for the words “(“the named officer”) who is an officer of the Agency [and [insert name], who is an officer of the Agency authorised by the Director of the Agency to accompany the named officer,]” substitute “[who is a member of staff of the Director of Public Prosecutions for Northern Ireland] [who is a member of staff of the Serious Fraud Office] [who is a member of staff of the Serious Organised Crime Agency]. (delete as appropriate)”.

(1)

Order 123 was amended by S.R. 2006/10.