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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) Order 2005 No. 386 URL: https://www.bailii.org/uk/legis/num_reg/2005/20050386.html

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     " 3. In the Schedule to this Order  - 


"immigration officer" means a person appointed under paragraph 1 of Schedule 2 to the Immigration Act 1971[3];
"local authority" means  - 
(a) in England  - 


(i) a county council,

(ii) a district council,

(iii) a London borough council,

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

(v) the Council of the Isles of Scilly; and



(b) 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".

     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.".

     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.".

     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 .".

     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.".

     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.".

     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.".

     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.".

     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.".

     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.".

     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.".

     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.".

     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.".

Caroline Flint
Parliamentary Under Secretary of State

Home Office
23rd February 2005

[2] S.I. 2003/172, as amended by S.I. 2004/8 and S.I. 2004/3339.back

[3] 1971 c.77.back

 © Crown copyright 2005