Statutory Instruments
2008 No. 1909
Proceeds Of Crime
The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008
Made
17th July 2008
Coming into force
23rd July 2008
This Order is made in exercise of the powers conferred by sections 436(6)( 1 ) and 438(9) of the Proceeds of Crime Act 2002( 2 ).
In accordance with section 459(6)(a) of that Act, a draft of this Order has been laid before Parliament and approved by a resolution of each House.
Accordingly, the Secretary of State makes the following Order:
Citation and commencement
1. This Order may be cited as the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008 and shall come into force on 23rd July 2008.
Disclosure of information to certain Directors
2. For the purposes of section 436 of the Proceeds of Crime Act 2002( 3 ), the persons listed in column 1 of the Schedule to this Order are designated as permitted persons in respect of the functions specified in relation to those persons in column 2 of the Schedule to this Order, being functions which the Secretary of State believes are of a public nature.
Disclosure of information by certain Directors
3. The following functions are designated for the purposes of section 438 of the Proceeds of Crime Act 2002( 4 ) being functions which the Secretary of State thinks are of a public nature—
(a) protecting public health;
(b) the functions of the Financial Services Authority under the Financial Services and Markets Act 2000( 5 ).
Revocation of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003
4.The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003( 6 ) is revoked.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
17th July 2008
Article 2
SCHEDULE
| Column 1 | Column 2 |
|---|---|
| The Secretary of State | Functions exercised for the purposes of - (a) the prevention, detection, investigation or prosecution of offences relating to a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 1973( 7 ); or (b) checking the accuracy of any benefit, payment or advantage in a social security matter or a scheme or arrangement under section 2 of the Employment and Training Act 1973. Functions exercised for the purposes of prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles. Functions under - (a) the Employment Agencies Act 1973( 8 ); (b) Part XIV of the Companies Act 1985( 9 ); (c) Part III of the Companies Act 1989( 10 ); (d) Part XI of the Financial Services and Markets Act 2000( 11 ); and (e) the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003( 12 ). |
| An officer authorised under section 9 of the Employment Agencies Act 1973 | Functions under section 9 of the Employment Agencies Act 1973. |
| A person appointed or authorised to exercise powers under Part XIV of the Companies Act 1985 | Functions under Part XIV of the Companies Act 1985. |
| A person appointed to conduct an investigation under Part XI of the Financial Services and Markets Act 2000 | Functions under Part XI of the Financial Services and Markets Act 2000. |
| The Civil Aviation Authority | Functions under - |
| The Gambling Commission | Functions under Part 2 of the Gambling Act 2005( 16 ). |
| The Common Services Agency for the Scottish Health Service | Functions under article 3 of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974( 17 ) exercised for the purposes of preventing or detecting crime. |
| A financial investigator appointed under article 49 of the Proceeds of Crime (Northern Ireland) Order 1996( 18 ) | Functions under articles 50 and 51 of, and Schedule 2 to, the Proceeds of Crime (Northern Ireland) Order 1996( 19 ). |
| The Department for Social Development in Northern Ireland | Functions exercised for the purposes of - (a) the prevention, detection, investigation or prosecution of offences relating to a social security matter; or (b) checking the accuracy of any benefit, payment or advantage in a social security matter. |
| The Department for Employment and Learning in Northern Ireland | Functions exercised for the purposes of - (a) the prevention, detection, investigation or prosecution of offences relating to a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 1950( 20 ); or (b) checking the accuracy of any benefit, payment or advantage in a scheme or arrangement under section 1 of the Employment and Training Act (Northern Ireland) 1950. |
| The Department of the Environment in Northern Ireland | Functions exercised for the purposes of the prevention, detection, investigation or prosecution of offences relating to the use of motor vehicles, passenger vehicles or goods vehicles. |
Section 436(6) is qualified by section 436(7) of the Proceeds of Crime Act 2002.
Section 436 has been amended by paragraph 132 of Schedule 8 to the Serious Crime Act 2007 (c. 27) .
Section 438 has been amended by paragraph 134 of Schedule 8 to the Serious Crime Act 2007.
1973 c. 50 . Section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19) and amended by section 29(4) of and Schedule 7 to the Employment Act 1989 (c. 38) and section 47(1) of the Trade Union Reform and Employment Rights Act 1993 (c. 19) .
Section 167 was amended by paragraph 7 of Schedule 5 to S.I. 2007/126 . Section 176 was amended by paragraph 12 of Schedule 1 to S.I. 2005/1433 .
S.I. 1974/467 . Article 3 is amended by S.I. 1991/900 , S.S.I. 2000/224 , S.S.I. 2003/159 , S.S.I. 2003/306 and S.S.I. 2006/603 .
Articles 49, 50 and 51 and Schedule 2 are amended by the Financial Investigations (Northern Ireland) Order 2001 ( S.I. 2001/1866 (N.I. 1) ) and the Proceeds of Crime Act 2002.
1950 c. 29 (N.I.) ; section 1 was extended by S.I. 1974/2144 (N.I. 7) and amended by S.I. 1988/1087 (N.I. 10) and S.I. 1990/1200 (N.I. 8) . These functions were transferred under S.R. 1999 No. 481 from the Department of Economic Development to the Department of Higher and Further Education, Training and Employment. This latter department was renamed the Department for Employment and Learning by section 1 of the Department for Employment and Learning Act (Northern Ireland) 2001 (c. 15 (N.I.)) .