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The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

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The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

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168.—(1) In Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009(1)—

(a)in the table entry beginning “Section 42(4)(c) (application for a restraint order under Part 2)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (c)(xva) insert—

“(xvb)the Prudential Regulation Authority;”;

(b)in the table entry beginning “Section 45(3) (seizure of property to which restraint order applies under Part 2)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (b)(xa) insert—

“(xb)the Prudential Regulation Authority;”;

(c)in the table entry beginning “Section 68(3)(c) (authorisation for application for restraint order under Part 2)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (b)(xivaa) insert—

“(xivb)the Prudential Regulation Authority and is not below the grade of Manager;”;

(d)in the table entry beginning “Section 191(2)(c) (application for restraint order under Part 4)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (c)(xiva) insert—

“(xivb)the Prudential Regulation Authority;”.

(e)in the table entry beginning “Section 194(3) (seizure of property to which restraint order applies under Part 4)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (b)(viii) insert—

“(viiia)the Prudential Regulation Authority;”;

(f)in the table entry beginning “Section 216(3)(c)(authorisation for application for restraint order under Part 4)” in column 2 of that entry—

(i)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(ii)after paragraph (b)(xiiia) insert—

“(xiiib)the Prudential Regulation Authority and is not below the grade of Manager;”;

(g)in the table entry beginning “Section 290(4)(c) (prior approval for search of cash under Chapter 3 of Part 5)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (c)(xa) insert—

“(xb)the Prudential Regulation Authority and is not below the grade of Manager;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (c)(viii) insert—

“(viiia)the Prudential Regulation Authority and is not below the grade of Manager;”;

(h)in the table entry beginning “Section 303A(1) (recovery of cash in summary proceedings under Chapter 3 of Part 5)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xia) insert—

“(xib)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(ix) insert—

“(ixa)the Prudential Regulation Authority;”;

(i)in the table entry beginning “Section 352(7) (appropriate persons for the purposes of search and seizure warrants in confiscation, money laundering, civil recovery or detained cash investigation under Part 8)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xia) insert—

“(xib)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(ix) insert—

“(ixa)the Prudential Regulation Authority;”;

(j)in the table entry beginning “Section 353(11) (appropriate person for purposes where production order is not available for the purpose of a confiscation, money laundering, civil recovery or detained cash investigation under Part 8)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xia) insert—

“(xib)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(ix) insert—

“(ixa)the Prudential Regulation Authority;”;

(k)in the table entry beginning “Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xva) insert—

“(xvb)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiva) insert—

“(xivb)the Prudential Regulation Authority;”;

(l)in the table entry beginning “Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiva) insert—

“(xivb)the Prudential Regulation Authority and is not below the grade of Manager;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiiia) insert—

“(xiiib)the Prudential Regulation Authority and is not below the grade of Manager;”;

(m)in the table entry beginning “Section 378(3B) (appropriate officers for the purposes of detained cash investigations under Part 8)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xi) insert—

“(xia)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(ix) insert—

“(ixa)the Prudential Regulation Authority;”;

(n)in the table entry beginning “Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xva) insert—

“(xvb)the Prudential Regulation Authority;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiiia) insert—

“(xiiib)the Prudential Regulation Authority;”;

(o)in the table entry beginning “Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations)” in column 2 of that entry—

(i)in the paragraph beginning “In relation to England and Wales”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiva) insert—

“(xivb)the Prudential Regulation Authority and is not below the grade of manager;”;

(ii)in the paragraph beginning “In relation to Northern Ireland”—

(aa)for “Financial Services Authority” substitute “Financial Conduct Authority”;

(bb)after paragraph (b)(xiia) insert—

“(xiib)the Prudential Regulation Authority and is not below the grade of manager;”.

(1)

S.I. 2009/975; Schedule 1 was substituted by S.I. 2009/2707 and amended by S.I. 2011/2085.

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