The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2005

• Citation: S.I. 2005/386
• Sections: 15

Section 1

This Order may be cited as the Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2005 and shall come into force on 1 st April 2005.

Section 2

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2003 is amended as follows.

Section 3

After article 2 insert —

(3) In the Schedule to this Order —

“immigration officer” means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971 ;

“local authority” means —

in England —

a county council,

a district council,

a London borough council,

the Common Council of the City of London in its capacity as a local authority, and

the Council of the Isles of Scilly; and

in Wales, a county council or a county borough council;and a member of staff of a local authority holds an appropriate office if he has been trained as a fraud investigator by the Agency and is involved in investigating fraud

Section 4

At the end of the entry in column 2 of the Schedule in respect of section 42(2)(c) insert —

(m) an immigration officer;

(n) a member of staff of a local authority;

(o) a member of staff of the Occupational Pensions Regulatory Authority.

Section 5

At the end of the entry in column 2 of the Schedule in respect of section 68(3)(c) insert —

(j) a local authority and holds an appropriate office;

(k) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

or is an immigration officer who is not below the grade of immigration inspector.

Section 6

At the end of the entry in column 2 of the Schedule in respect of section 191(2)(c) insert —

(i) an immigration officer;

(j) a member of staff of the Occupational Pensions Regulatory Authority;

(k) a member of staff of the Department of the Environment in Northern Ireland;

(l) a member of staff of the Department of Agriculture and Rural Development in Northern Ireland .

Section 7

At the end of the entry in column 2 of the Schedule in respect of section 216(3)(c) insert —

(e) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

(f) the Department of the Environment in Northern Ireland and is not below the grade of senior scientific officer;

(g) the Department of Agriculture and Rural Development in Northern Ireland and is not below the grade of deputy principal;

or is an immigration officer who is not below the grade of immigration inspector.

Section 8

At the end of the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to England and Wales insert —

(l) a local authority;

(m) the Occupational Pensions Regulatory Authority;

or is an immigration officer.

Section 9

At the end of the entry in column 2 of the Schedule in respect of section 378(1)(b) in relation to Northern Ireland insert —

(h) the Occupational Pensions Regulatory Authority;

(i) the Department of the Environment in Northern Ireland;

(j) the Department of Agriculture and Rural Development in Northern Ireland;

or is an immigration officer.

Section 10

At the end of the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to England and Wales insert —

(k) a local authority and holds an appropriate office;

(l) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

or is an immigration officer who is not below the grade of immigration inspector.

Section 11

At the end of the entry in column 2 of the Schedule in respect of section 378(2)(d) in relation to Northern Ireland insert —

(f) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

(g) the Department of the Environment in Northern Ireland and is not below the grade of senior scientific officer;

(h) the Department of Agriculture and Rural Development in Northern Ireland and is not below the grade of deputy principal;

or is an immigration officer who is not below the grade of immigration inspector.

Section 12

At the end of the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to England and Wales insert —

(g) a local authority;

(h) the Occupational Pensions Regulatory Authority;

or is an immigration officer.

Section 13

At the end of the entry in column 2 of the Schedule in respect of section 378(4)(a) in relation to Northern Ireland insert —

(f) the Occupational Pensions Regulatory Authority;

(g) the Department of the Environment in Northern Ireland;

(h) the Department of Agriculture and Rural Development in Northern Ireland;

or is an immigration officer.

Section 14

At the end of the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to England and Wales insert —

(f) a local authority and holds an appropriate office;

(g) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

or is an immigration officer who is not below the grade of immigration inspector.

Section 15

At the end of the entry in column 2 of the Schedule in respect of section 378(6)(c) in relation to Northern Ireland insert —

(e) the Occupational Pensions Regulatory Authority and is not below the grade of regulatory manager;

(f) the Department of the Environment in Northern Ireland and is not below the grade of senior scientific officer;

(g) the Department of Agriculture and Rural Development in Northern Ireland and is not below the grade of deputy principal;

or is an immigration officer who is not below the grade of immigration inspector.