Office of Public Sector Information
SCHEDULE 11 continued
21 In section 13(6) of the Criminal Justice (International Co-operation) Act 1990 (information not to be disclosed except for certain purposes)—
(a) omit “the Drug Trafficking Act 1994 or the Criminal Justice (Scotland) Act 1987”;
(b) at the end insert “or of proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002”.
22 (1) The Pension Schemes Act 1993 is amended as follows.
(2) In section 10 (protected rights and money purchase benefits), after subsection (5) insert—
“(6) Where, in the case of a scheme which makes such provision as is mentioned in subsection (2) or (3), any liability of the scheme in respect of a member’s protected rights ceases by virtue of a civil recovery order, his protected rights are extinguished or reduced accordingly.”
(3) In section 14 (earner’s guaranteed minimum), after subsection (2) insert—
“(2A) Where any liability of a scheme in respect of an earner’s guaranteed minimum pension ceases by virtue of a civil recovery order, his guaranteed minimum in relation to the scheme is extinguished or reduced accordingly.”
(4) In section 47 (further provisions relating to guaranteed minimum pensions), in subsection (6), after “but for” insert “section 14(2A) and”.
(5) In section 68B (safeguarded rights), at the end insert “including provision for such rights to be extinguished or reduced in consequence of a civil recovery order made in respect of such rights”.
(6) In section 181(1) (general interpretation), after the definition of “Category A retirement pension” insert—
““civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).”
23 (1) The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.
(2) In section 6 (protected rights and money purchase benefits), after subsection (5) insert—
“(6) Where, in the case of a scheme which makes such provision as is mentioned in subsection (2) or (3), any liability of the scheme in respect of a member’s protected rights ceases by virtue of a civil recovery order, his protected rights are extinguished or reduced accordingly.”
(3) In section 10 (earner’s guaranteed minimum), after subsection (2) insert—
“(2A) Where any liability of a scheme in respect of an earner’s guaranteed minimum pension ceases by virtue of a civil recovery order, his guaranteed minimum in relation to the scheme is extinguished or reduced accordingly.”
(4) In section 43 (further provisions relating to guaranteed minimum pensions), in subsection (6), after “but for” insert “section 10(2A) and”.
(5) In section 64B (safeguarded rights), at the end insert “including provision for such rights to be extinguished or reduced in consequence of a civil recovery order made in respect of such rights”.
(6) In section 176(1) (general interpretation), after the definition of “Category A retirement pension” insert—
““civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).”
24 In section 139(12) of the Criminal Justice and Public Order Act 1994 (search powers) in paragraph (b) of the definition of “items subject to legal privilege” for “section 40 of the Criminal Justice (Scotland) Act 1987” substitute “section 412 of the Proceeds of Crime Act 2002”.
25 (1) The Drug Trafficking Act 1994 is amended as follows.
(2) The following provisions shall cease to have effect—
(a) sections 1 to 54;
(b) in sections 55(4)(a) (orders to make material available) and 56(3)(a) and (4)(a) (authority for search) the words “or has benefited from”;
(c) in section 59 (disclosure of information held by government departments), subsections (1) to (10) and in subsection (11) the words “An order under subsection (1) above, and,”;
(d) in section 60(6) (Customs and Excise prosecution powers), in the definition of “specified offence”, in paragraph (a) the words “Part III or” and paragraph (c) and the word “or” immediately preceding it;
(e) in section 60(6) the words from “and references to the institution of proceedings” to the end;
(f) in section 60, subsections (7) and (8);
(g) in section 61 (extension of certain offences to the Crown), subsections (2) to (4);
(h) sections 62, 63(1), (2) and (3)(a) and 64 (interpretation);
(i) in section 68(2) (extent -Scotland), paragraphs (a) to (c) and in paragraph (g) the words “1, 41, 62” and “64”;
(j) in section 68(3) (extent -Northern Ireland), paragraph (a) and in paragraph (d) the word “64”.
(3) In section 59(12)(b) for the words “referred to in subsection (1) above” substitute “specified in an order under section 55(2)”.
(4) After section 59 insert the following section—
(1) This section has effect for the purposes of sections 55 to 59.
(2) A reference to a constable includes a reference to a customs officer.
(3) A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).
(4) Drug trafficking means doing or being concerned in any of the following (whether in England and Wales or elsewhere)—
(a) producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 1971 or a corresponding law;
(b) transporting or storing a controlled drug where possession of the drug contravenes section 5(1) of that Act or a corresponding law;
(c) importing or exporting a controlled drug where the importation or exportation is prohibited by section 3(1) of that Act or a corresponding law;
(d) manufacturing or supplying a scheduled substance within the meaning of section 12 of the Criminal Justice (International Co-operation) Act 1990 where the manufacture or supply is an offence under that section or would be such an offence if it took place in England and Wales;
(e) using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of that Act.
(5) In this section “corresponding law” has the same meaning as in the Misuse of Drugs Act 1971.”
(5) In section 60 after subsection (6) insert—
“(6A) Proceedings for an offence are instituted—
(a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 (issue of summons to, or warrant for arrest of, accused) in respect of the offence;
(b) when a person is charged with the offence after being taken into custody without a warrant;
(c) when a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) of subsection (2) of that section (preferment by direction of the criminal division of the Court of Appeal or by direction, or with the consent, of a High Court judge).
(6B) Where the application of subsection (6A) would result in there being more than one time for the institution of proceedings they must be taken to have been instituted at the earliest of those times.”
(6) In section 61(1) for “sections 49(2), 50 to 53 and 58” substitute “section 58”.
(7) In section 68(2)(d), for “59(10)” substitute “59(11)”.
26 In Article 16 of the Criminal Justice (Northern Ireland) Order 1994 in paragraph (a) after “Proceeds of Crime (Northern Ireland) Order 1996” insert “or Part 4 of the Proceeds of Crime Act 2002”.
27 Section 15(2) and (3) of the Proceeds of Crime Act 1995 (investigation into benefit to be treated as the investigation of an offence for the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984) shall cease to have effect.
28 (1) The Proceeds of Crime (Scotland) Act 1995 is amended as follows.
(2) The following provisions in the Act shall cease to have effect—
(a) Part I, except section 2(7);
(b) in section 28, subsections (1)(a) and (2) and in subsection (5) the words “(including a restraint order made under and within the meaning of the 1994 Act)”;
(c) section 29;
(d) in section 31, subsection (2) and in subsection (4) the words “or (2)”;
(e) sections 35 to 39;
(f) in section 40, subsections (1)(a), (2) and (4);
(g) in section 42, subsections (1)(a) and (b);
(h) in section 43, in subsection (1) the words “, confiscation order” and subsection (2);
(i) in section 45, subsection (1)(a);
(j) section 47;
(k) in section 49, in subsection (1) the definitions of “the 1988 Act”, “the 1994 Act” and “confiscation order” and subsection (4).
(3) The following provisions in Schedule 1 to the Act shall cease to have effect—
(a) in paragraph 1(1)(b) the words “or a confiscation order”, in paragraph 1(2)(a) the words “subject to paragraph (b) below”, paragraph 1(2)(b) and in paragraph 1(3)(a)(i) the words “or confiscation order”;
(b) in paragraph 2(1)(a) the words “, and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made”;
(c) paragraph 4;
(d) in paragraph 5(1) the words “Part I of”;
(e) in paragraph 8(2) the words “, unless in a case where a confiscation order has been made there are sums available to be applied in payment of it under paragraph 4(4)(b) above,”;
(f) in paragraph 10(1) the words “or the recipient of a gift caught by Part I of this Act or an implicative gift” and paragraphs 10(2) and 10(3);
(g) in paragraph 12(1)(a) the words “paragraph (a) or (b) of section 4(1) or”.
(4) The following provisions in Schedule 2 to the Act shall cease to have effect—
(a) in paragraph 1(2) the words “and 35 to 38”;
(b) in paragraph 2, in sub-paragraph (1) the words “realisable or”, in sub-paragraph (2) the words “and 35 to 38”, sub-paragraph (5).
(c) in paragraph 3(2) the words “and 35 to 38” and paragraphs 3(4) and (5);
(d) in paragraph 4(2) the words “and 35 to 38”;
(e) paragraph 6(2)(a).
(5) In section 28(9) (restraint orders) for “Subsections (2)(a) and” substitute “Subsection”.
(6) In section 42 (enforcement) in subsections (2)(a), (c) and (d) for “Part I,” substitute “Part”.
29 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2) In section 109(1) (intimation of appeal) for “section 10 of the Proceeds of Crime (Scotland) Act 1995 (postponed confiscation orders)” substitute “section 99 of the Proceeds of Crime Act 2002 (postponement)”.
(3) In section 205B(5) (minimum sentence for third drug trafficking offence) for the definition of “drug trafficking offence” substitute—
““drug trafficking offence” means an offence specified in paragraph 2 or (so far as it relates to that paragraph) paragraph 10 of Schedule 4 to the Proceeds of Crime Act 2002;”.
(4) In section 219(8)(b) (fines: imprisonment for non-payment) for “14(2) of the Proceeds of Crime (Scotland) Act 1995” substitute “118(2) of the Proceeds of Crime Act 2002”.
30 (1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.
(2) In subsection (1) after paragraph (cc) insert—
“(cd) temporary service with the Assets Recovery Agency on which a person is engaged with the consent of the appropriate authority;”.
(3) In subsection (6)(a) after “(cc)” insert “(cd)”.
(4) In subsection (8) after “(cc)” insert “(cd)”.
31 (1) The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.
(2) Parts II and III shall cease to have effect.
(3) The following provisions shall also cease to have effect—
(a) in Article 2 (interpretation) in paragraph (2) from the definition of “charging order” to the definition of “external confiscation order” and from the definition of “modifications” to the definition of “restraint order” and paragraphs (3) to (10) and (12);
(b) Article 3 (definition of “property” etc.);
(c) in Article 49 (additional investigation powers), in paragraph (1) sub-paragraph (c) and the word “and” immediately preceding it, in paragraph (1A) sub-paragraph (c) and the word “and” immediately preceding it, paragraph (4) and in paragraph (5) the definitions of “customs officer” and “relevant property”;
(d) in Article 52 (supplementary provisions) in paragraph (2) sub-paragraph (b) and the word “and” immediately preceding it, and paragraph (3);
(e) in Article 54 (disclosure of information held by government departments) paragraphs (1) to (10) and (13) and in paragraph (11) the words “An order under paragraph (1) and,”;
(f) in Article 55 (Customs and Excise prosecution powers), in paragraph (6) in the definition of “specified offence” in paragraph (a) the words “Part III or” and paragraph (c) and the word “or” immediately preceding it, and paragraph (7);
(g) Article 56(2) to (4) (extension of certain offences to the Crown);
(h) in Schedule 2 paragraph 3.
(4) In Article 49(1) (additional investigation powers)—
(a) for “county court” substitute “Crown Court”;
(b) in sub-paragraph (a) for the words from “an investigation” to the end of head (ii) substitute “a confiscation investigation”;
(c) in sub-paragraph (b) after “and who is” insert “an accredited financial investigator”.
(5) In Article 49(1A)—
(a) after “application made by” insert “the Director of the Assets Recovery Agency or”;
(b) for “county court” substitute “Crown Court”;
(c) in sub-paragraph (a) for the words from “an investigation” to the end of head (ii) substitute “a confiscation investigation”;
(d) in sub-paragraph (b) after “if” insert “the Director or”;
(e) after “authorise” insert “the Director or”;
(f) for “paragraphs 3 and 3A” where it twice occurs substitute “paragraph 3A”.
(6) In Article 49(5) insert at the appropriate place in alphabetical order—
““accredited financial investigator” has the meaning given by section 3(5) of the Proceeds of Crime Act 2002;
“confiscation investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(1);”.
(7) In Article 50(1) (order to make material available)—
(a) for sub-paragraphs (a) and (b) substitute “drug trafficking”;
(b) for “county court” substitute “Crown Court”.
(8) In Article 50(4)(a), for heads (i) to (iii) substitute “has carried on drug trafficking”.
(9) In Article 50(8) for “county court” substitute “Crown Court”.
(10) In Article 51(1) (authority for search)—
(a) for sub-paragraphs (a) and (b) substitute “drug trafficking”;
(b) for “county court” substitute “Crown Court”.
(11) In Article 51(3)(a) for heads (i) to (iii) substitute “has carried on drug trafficking”.
(12) In Article 51(4)—
(a) in sub-paragraph (a) for heads (i) to (iii) substitute “has carried on drug trafficking”;
(b) in sub-paragraph (b)(i) for the words from “the question” to the end substitute “drug trafficking”.
(13) In Article 52(1)(a) (supplementary provisions), for heads (i) to (ii) substitute “drug trafficking”.
(14) In Article 54 (disclosure of information held by government departments) in paragraph (12)(b) for “referred to in paragraph (1)” substitute “specified in an order under Article 50(2)”.
(15) After Article 54 insert the following Article—
(1) This Article has effect for the purposes of Articles 49 to 54.
(2) A reference to a constable includes a reference to a customs officer.
(3) A customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.
(4) Drug trafficking means doing or being concerned in any of the following (whether in Northern Ireland or elsewhere)—
(a) producing or supplying a controlled drug where the production or supply contravenes section 4(1) of the Misuse of Drugs Act 1971 or a corresponding law;
(b) transporting or storing a controlled drug where possession of the drug contravenes section 5(1) of that Act or a corresponding law;
(c) importing or exporting a controlled drug where the importation or exportation is prohibited by section 3(1) of that Act or a corresponding law;
(d) manufacturing or supplying a scheduled substance within the meaning of section 12 of the Criminal Justice (International Co-operation) Act 1990 where the manufacture or supply is an offence under that section or would be such an offence if it took place in Northern Ireland;
(e) using any ship for illicit traffic in controlled drugs in circumstances which amount to the commission of an offence under section 19 of that Act.
(5) In this Article “corresponding law” has the same meaning as in the Misuse of Drugs Act 1971.”
(16) In Article 55 after paragraph (6) insert—
“(6A) Proceedings for an offence are instituted—
(a) when a summons or warrant is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 in respect of the offence;
(b) when a person is charged with the offence after being taken into custody without a warrant;
(c) when an indictment is preferred under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.
(6B) Where the application of paragraph (6A) would result in there being more than one time for the institution of proceedings they must be taken to have been instituted at the earliest of those times.”
(17) In Article 56(1) (extension of certain offences to the Crown), for “Articles 44, 45, 46, 47(2), 48 and” substitute “Article”.
(18) In Schedule 2 (financial investigations) in paragraph 3A—
(a) in sub-paragraph (1) for “any conduct to which Article 49 applies” substitute “his criminal conduct”;
(b) after that paragraph insert—
“(1A) For the purposes of sub-paragraph (1) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.”
32 (1) The Crime (Sentences) Act 1997 is amended as follows.
(2) In section 35 (fine defaulters) in subsection (1)(a) after “Drug Trafficking Act 1994” insert “or section 6 of the Proceeds of Crime Act 2002”.
(3) In section 40 (fine defaulters) in subsection (1)(a) after “Drug Trafficking Act 1994” insert “or section 6 of the Proceeds of Crime Act 2002”.
33 The following provisions of the Crime and Punishment (Scotland) Act 1997 shall cease to have effect—
(a) section 15(3),
(b) in Schedule 1, paragraph 20.
34 (1) Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service engaged on other police service) is amended as follows.
(2) In subsection (1) after paragraph (c) insert—
“(ca) temporary service with the Assets Recovery Agency on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;”.
(3) In subsection (5)(b) after “(c)” insert “(ca)”.
(4) In subsection (7) for “or (c)” there is substituted “(c) or (ca)”.
35 In Schedule 8 to the Crime and Disorder Act 1998 paragraphs 115 and 116 shall cease to have effect.
36 (1) Schedule 2 to the Access to Justice Act 1999 (services excluded from the Community Legal Service) is amended as follows.
(2) In paragraph 2(2), after paragraph (d) insert “or
(e) under the Proceeds of Crime Act 2002 to the extent specified in paragraph 3,”
and omit the “or” at the end of paragraph (c).
(3) In paragraph 2(3) (magistrates courts), after “2001” insert—
“(l) for an order or direction under section 295, 297, 298, 301 or 302 of the Proceeds of Crime Act 2002,”
and omit the “or” at the end of paragraph (j).
(4) After paragraph 2 insert—
“3 (1) These are the proceedings under the Proceeds of Crime Act 2002—
(a) an application under section 42(3) to vary or discharge a restraint order or an order under section 41(7);
(b) proceedings which relate to a direction under section 54(3) or 56(3) as to the distribution of funds in the hands of a receiver;
(c) an application under section 62 relating to action taken or proposed to be taken by a receiver;
(d) an application under section 63 to vary or discharge an order under any of sections 48 to 53 for the appointment of or conferring powers on a receiver;
(e) an application under section 72 or 73 for the payment of compensation;
(f) proceedings which relate to an order under section 298 for the forfeiture of cash;
(g) an application under section 351(3), 362(3), 369(3) or 375(2) to vary or discharge certain orders made under Part 8.
(2) But sub-paragraph (1) does not authorise the funding of the provision of services to a defendant (within the meaning of Part 1 of that Act) in relation to—
(a) proceedings mentioned in paragraph (b);
(b) an application under section 73 for the payment of compensation if the confiscation order was varied under section 29.”
37 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2) In section 110(5) (minimum sentence for third drug trafficking offence) for the definition of “drug trafficking offence” there is substituted—
““drug trafficking offence” means an offence which is specified in—
(a) paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
(b) so far as it relates to that paragraph, paragraph 10 of that Schedule.”
(3) In section 133 (review of compensation orders) in subsection (3)(c) after “Criminal Justice Act 1988” insert “, or Part 2 of the Proceeds of Crime Act 2002,”.
38 In Schedule 1 to the Financial Services and Markets Act 2000 (provisions relating to the Financial Services Authority) after paragraph 19 insert—
“19A For the purposes of this Act anything done by an accredited financial investigator within the meaning of the Proceeds of Crime Act 2002 who is—
(a) a member of the staff of the Authority, or
(b) a person appointed by the Authority under section 97, 167 or 168 to conduct an investigation,
must be treated as done in the exercise or discharge of a function of the Authority.”
39 (1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
(2) In paragraph 8 (authorisation of delay in exercise of detained person’s rights) for sub-paragraph (5) substitute—
“(5) An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—
(a) the detained person has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by—
(i) informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or
(ii) the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).
(5A) For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.”
(3) In paragraph 17(3) (grounds for authorising delay or requiring presence of senior officer), in paragraph (d) for “Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995” substitute “Part 2 or 3 of the Proceeds of Crime Act 2002”.
(4) For paragraph 17(4) (further grounds for authorising delay in exercise of detained person’s rights) substitute—
“(4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—
(a) the detained person has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by—
(i) informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)), or
(ii) the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)).
(4A) For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.”
(5) In paragraph 34 (authorisation for withholding information from detained person) for sub-paragraph (3) substitute—
“(3) A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—
(a) the detained person has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.
(3A) For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002.”
Proceeds of Crime Act 2002