2018 No. 196 (W. 45)
The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make this Order in exercise of the powers conferred on them by section 453(1A) and (2) of the Proceeds of Crime Act 2002 F1.
Title and commencement1
1
The title of this Order is the Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018.
2
This Order comes into force on 1 April 2018.
Interpretation2
In this Order—
-
“the Act” (“y Ddeddf”) means the Proceeds of Crime Act 2002;
-
“WRA” (“ACC”) means the Welsh Revenue Authority.
Reference to an accredited financial investigator3
A reference to an accredited financial investigator in a provision of the Act specified in Part 1 of the Schedule is a reference to an accredited financial investigator who is a member of staff of WRA.
4
A reference to an accredited financial investigator in a provision of the Act specified in Part 2 of the Schedule is a reference to an accredited financial investigator who is a member of staff of WRA and is at or above grade 7 or equivalent.
SCHEDULEReference to an accredited financial investigator
PART 1
1
Section 42(2)(c) (application for restraint order under Part 2 – subject to authorisation under section 68(3)(c)).
2
Sections 47A(1)(c) F2 (sections 47B to 47S: meaning of “appropriate officer”) and 47M(3)(c) (further detention by magistrates' court).
3
F83A
Section 303C(9)(d) (relevant officer for the purposes of Chapter 3A), section 303L(5)(d) (specified persons - further detention of seized property) and section 303O(2)(d) (specified persons - forfeiture of property).
3B
Section 303Z1(6) (enforcement officer for the purposes of Chapter 3B) and section 303Z14(3)(d) (specified persons for the purposes of account forfeiture applications).
4
5
6
Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8).
7
Section 378(3A)(ab) F6 (appropriate officers for the purposes of detained cash investigations under Part 8).
F97A
Section 378(3C)(c) (appropriate officers for the purposes of detained property investigations under Part 8).
7B
Section 378(3E)(c) (appropriate officers for the purposes of frozen funds investigations under Part 8).
8
Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations under Part 8).
PART 2
9
Section 47G(3)(c) (appropriate approval).
10
Section 68(3)(c) (authorisation for applications and appeals under Part 2).
11
Section 290(4)(c) (prior approval by a senior officer for search of cash under Chapter 3 of Part 5).
F1011A
Section 297A(6)(c) (senior officer for the purpose of giving a forfeiture notice).
11B
Section 303E(4)(f) (senior officer for the purposes of prior approval for searches).
11C
Section 303Z2(4)(e) (senior officer for the purposes of Chapter 3B).
11D
Section 336D(7)(h) (senior officer for the purposes of section 336A (power of court to extend the moratorium period)).
12
Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations).
13
Section 378(3AA)(b) F7 (senior appropriate officers for the purposes of detained cash investigations).
F1113A
Section 378(3D)(c) (senior appropriate officers for the purposes of detained property investigations under Part 8).
13B
Section 378(3F)(c) (senior appropriate officers for the purposes of frozen funds investigations under Part 8).
14
Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations).
2002 c. 29. Section 453(1A) was inserted by section 186(4) of the Tax Collection and Management (Wales) Act 2016 (anaw 6).