Office of Public Sector Information
Section 1
1 (1) The Director holds office for the period determined by the Secretary of State on his appointment (or re-appointment) to the office.
(2) But—
(a) the Director may at any time resign by giving notice to the Secretary of State;
(b) the Secretary of State may at any time remove the Director from office if satisfied that he is unable or unfit to exercise his functions.
2 Subject to that, the Director holds office on the terms determined by the Secretary of State with the approval of the Minister for the Civil Service.
3 (1) The members of staff of the Agency must include—
(a) a deputy to the Director who is to act as Director during any vacancy in that office or if the Director is absent, subject to suspension or unable to act, and
(b) an assistant to the Director with responsibilities in relation to the exercise of the Director’s functions in Northern Ireland.
(2) But the Director must not appoint a person under sub-paragraph (1)(b) unless he first consults the Secretary of State.
4 The members of staff of the Agency hold office on the terms determined by the Director with the approval of the Minister for the Civil Service.
5 (1) These amounts are to be paid out of money provided by Parliament—
(a) the remuneration of the Director and the staff of the Agency;
(b) any expenses incurred by the Director or any of the staff in the exercise of his or their functions.
(2) Subject to anything in this Act any sums received by the Director are to be paid into the Consolidated Fund.
6 (1) The Director must, before the beginning of each financial year apart from the first, prepare a plan setting out how he intends to exercise his functions during the financial year (an annual plan).
(2) The annual plan must, in particular, set out how the Director intends to exercise his functions in Northern Ireland.
(3) The annual plan must also include a statement of—
(a) the Director’s objectives for the financial year;
(b) any performance targets which he has for the financial year (whether or not relating to his objectives);
(c) his priorities for the financial year;
(d) the financial resources expected to be available to him for the financial year;
(e) his proposed allocation of those resources.
(4) Once the annual plan has been prepared the Director must send a copy to the Secretary of State for his approval.
(5) If the Secretary of State does not approve the annual plan—
(a) he must give the Director his reasons for not approving it, and
(b) he may require the Director to revise it in the manner specified by the Secretary of State.
(6) The Director must revise the annual plan, but if sub-paragraph (5)(b) applies he must do so in the manner specified by the Secretary of State.
(7) The Director must send a copy of the revised annual plan to the Secretary of State for his approval.
7 (1) The Director must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.
(2) The report for any financial year apart from the first must include—
(a) the Director’s annual plan for the financial year, and
(b) an assessment of the extent to which it has been carried out.
(3) The Director must send a copy of each report to the Secretary of State who must—
(a) lay a copy of it before each House of Parliament, and
(b) arrange for it to be published.
8 In this Schedule “financial year” means—
(a) the period beginning with the day on which section 1 comes into force and ending with the next 31 March (which is the first financial year), and
(b) each subsequent period of twelve months beginning with 1 April.
Section 75
1 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—
(a) section 4(2) or (3) (unlawful production or supply of controlled drugs);
(b) section 5(3) (possession of controlled drug with intent to supply);
(c) section 8 (permitting certain activities relating to controlled drugs);
(d) section 20 (assisting in or inducing the commission outside the UK of an offence punishable under a corresponding law).
(2) An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—
(a) section 50(2) or (3) (improper importation of goods);
(b) section 68(2) (exploration of prohibited or restricted goods);
(c) section 170 (fraudulent evasion).
(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);
(b) section 19 (using a ship for illicit traffic in controlled drugs).
2 An offence under either of the following provisions of this Act—
(a) section 327 (concealing etc criminal property);
(b) section 328 (assisting another to retain criminal property).
3 An offence under section 56 of the Terrorism Act 2000 (c. 11) (directing the activities of a terrorist organisation).
4 An offence under section 25(1) of the Immigration Act 1971 (c. 77) (assisting illegal entry etc).
5 (1) An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—
(a) section 68(2) (exportation of prohibited goods);
(b) section 170 (fraudulent evasion).
(2) An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing in firearms or ammunition by way of trade or business).
(3) In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968 (c. 27).
6 An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
(a) section 14 (making counterfeit notes or coins);
(b) section 15 (passing etc counterfeit notes or coins);
(c) section 16 (having counterfeit notes or coins);
(d) section 17 (making or possessing materials or equipment for counterfeiting).
7 (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
(a) section 107(1) (making or dealing in an article which infringes copyright);
(b) section 107(2) (making or possessing an article designed or adapted for making a copy of a copyright work);
(c) section 198(1) (making or dealing in an illicit recording);
(d) section 297A (making or dealing in unauthorised decoders).
(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use etc of trade mark).
8 (1) An offence under any of the following provisions of the Sexual Offences Act 1956 (c. 69)—
(a) section 2 (procuring a woman by threats);
(b) section 3 (procuring a woman by false pretences);
(c) section 9 (procuring a defective woman to have sexual intercourse);
(d) section 22 (procuring a woman for prostitution);
(e) section 24 (detaining a woman in a brothel);
(f) section 28 (causing or encouraging prostitution etc of girl under 16);
(g) section 29 (causing or encouraging prostitution of defective woman);
(h) section 30 (man living on earnings of prostitution);
(i) section 31 (woman exercising control over prostitute);
(j) section 33 (keeping a brothel);
(k) section 34 (letting premises for use as brothel).
(2) An offence under section 5 of the Sexual Offences Act 1967 (c. 60) (living on the earnings of male prostitute).
9 An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).
10 (1) An offence of attempting, conspiring or inciting the commission of an offence specified in this Schedule.
(2) An offence of aiding, abetting, counselling or procuring the commission of such an offence.
Proceeds of Crime Act 2002