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The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014

Sections62
2014 No. 834

Public Bodies

The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014

Made26th March 2014
Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 2(1), 6(1) and (2), 23(1), (2), (5) and (6), 24(1) and 35(2) of the Public Bodies Act 20111 (“the Act”).

In accordance with section 8 of the Act, the Secretary of State—

a having had regard to the factors set out in section 8(1) of the Act, considers that this Order serves the purpose of improving the exercise of public functions; and
b considers that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The Secretary of State has consulted in accordance with section 10 of the Act.

A draft of this Order and an explanatory document containing the information required by section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

1 Citation, commencement and extent

1 This Order may be cited as the Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 and comes into force on the day after the day on which it is made.
2 Any amendment, repeal or revocation made by this Order has the same extent as the enactment to which it relates.

2 Interpretation

In this Order—
  • “the CPS” means the Crown Prosecution Service;
  • “the CRCA 2005” means the Commissioners for Revenue and Customs Act 20052;
  • “the DPP” means the Director of Public Prosecutions;
  • “the DRCP” means the Director of Revenue and Customs Prosecutions;
  • “the POA 1985” means the Prosecution of Offences Act 19853;
  • “the RCPO” means the Revenue and Customs Prosecutions Office.

3 Abolition of the DRCP and transfer of statutory functions to the DPP: merger of offices

1 The office of the DRCP4 is abolished.
2 Subject to provision made by Schedules 1 to 3 to this Order, the functions of the DRCP are transferred to the DPP.
3 The following Schedules have effect—
a Schedule 1 (amendments of the POA 1985 and the CRCA 2005);
b Schedule 2 (amendments of other Acts);
c Schedule 3 (amendments of secondary legislation).

4 Transfer of property, rights and liabilities

1 All property, rights and liabilities to which the DRCP or the RCPO is entitled or subject at the coming into force of this Order are transferred to the DPP or, as the case may be, the CPS.
2 Paragraph (1) has effect in relation to property, rights and liabilities—
a whether or not they would otherwise be capable of being transferred;
b without any instrument or other formality being required;
c irrespective of any requirement for consent that would otherwise apply.

5 The abolition of the office of the DRCP: supplementary

1 This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the DRCP before the coming into force of this Order.
2 Anything done (or having effect as if done) by or in relation to the DRCP has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the DPP.
3 Anything (including legal proceedings) which at the coming into force of this Order is in the process of being done by or in relation to the DRCP may be continued by or in relation to the DPP.
4 So far as is necessary or appropriate, after the coming into force of this Order, a reference to the DRCP in an enactment, agreement (whether written or not), instrument or other document is to be treated as a reference to the DPP.
5 In this article—
a a reference to the DRCP includes a reference to the RCPO, a Revenue and Customs Prosecutor, a member of the staff of the RCPO other than a Revenue and Customs Prosecutor and a person appointed under section 385 of the CRCA 2005, and
b a reference to the DPP is to be read, so far as is necessary or appropriate, as being a reference to the CPS, a Crown Prosecutor, a member of the staff of the CPS other than a Crown Prosecutor or a person appointed under section 56 of the POA 1985.

6 Saving of powers to conduct proceedings

1 Where the DPP has conduct of proceedings by virtue of article 5(3), the DPP is to be treated, notwithstanding the repeals and amendments made by this Order—
a as acting under the enactment under which the DRCP was acting at the coming into force of this Order, and
b as having the same powers to take steps in relation to those proceedings as the DRCP would have had.
2 In this article—
a a reference to the DRCP includes a reference to a Revenue and Customs Prosecutor and a person appointed under section 38 of the CRCA 2005, and
b a reference to the DPP is to be read, so far as is necessary or appropriate, as being a reference to a Crown Prosecutor or a person appointed under section 5 of the POA 1985.

7 Transfer of appointments, etc

An appointment of a person under section 38 of the CRCA 2005 (appointment of person to conduct proceedings on behalf of the RCPO) relating to—
a specified proceedings, or
b a specified class or description of proceedings,
is to be treated after the coming into force of this Order as if it were an appointment of a person by the DPP under section 5 of the POA 1985 relating to the same proceedings or the same class or description of proceedings.

8 Assignment of functions

An assignment of a function to the DRCP by order under section 31(1) of the Borders, Citizenship and Immigration Act 20097 (power to assign prosecution functions relating to criminal investigations by designated customs officials etc) is to be treated after the coming into force of this Order as if it were an assignment to the DPP under section 3(2)(g)8 of the POA 1985.

9 Confidentiality of information

Information held by the CPS by reason of a transfer of property, rights and liabilities to the DPP or the CPS under article 4 is to be treated for the purposes of section 409 of the CRCA 2005 (as amended by this Order) as if it were information disclosed to the DPP by Her Majesty’s Revenue and Customs for use in connection with a Revenue and Customs function of the DPP (within the meaning of section 40(6A) of the CRCA 2005).

10 Superintendence of the Attorney General

Functions exercisable by the DPP by virtue of this Order are to be discharged under the superintendence of the Attorney General.

SCHEDULE 1 

Amendments of the POA 1985 and the CRCA 2005

Article 3(3)

PART 1 The POA 1985

1 The POA 1985 is amended as follows.
2
1 Section 310 (functions of the DPP) is amended as follows.
2 After subsection (2)(aa) insert—
.
3 After subsection (2)(ba) insert—
.
4 After subsection (2)(ed) insert—
.
5 In subsection (3), at the appropriate place, insert—
.
6 After subsection (3) insert—
.
3
1 Section 5 (conduct of prosecutions on behalf of the CPS by a person appointed by the DPP) is amended as follows.
2 After subsection (1) insert—
.
3 In subsection (2), for “this section” substitute “subsection (1) or exercising functions by virtue of an appointment made under subsection (1A)”.
4
1 Section 7A12 (powers of non-legal staff) is amended as follows.
2 In subsection (1), for “, for the purposes of this section,” substitute “under this subsection”.
3 In subsection (2), after “the designation” insert “under subsection (1)”.
4 After subsection (2) insert—
.
5 In subsection (3)—
a for “so designated” substitute “designated under subsection (1) or (2A)”;
b for “any such powers” substitute “any powers so conferred”.
6 In subsection (5), at the appropriate place, insert—
.
7 In subsection (7)(a), for “under this section” substitute “under subsection (1) or (2A)”.
8 In subsection (8), for “under this section” substitute “under subsection (1) or (2A)”.
9 In subsection (9), for “under this section” substitute “under subsection (1) or (2A)”.
10 In subsection (10), for “under this section” substitute “under subsection (1) or (2A)”.

PART 2 The CRCA 2005

5 The CRCA 2005 is amended as follows.
6 In section 19 (wrongful disclosure), in subsection (5), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
7
1 Section 2113 (disclosure to prosecuting authority) is amended as follows.
2 In subsection (1)(b)(ii), omit “(within the meaning of section 35(5)(b))”.
3 In subsection (1)(b)(iii), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
4 In subsection (2)(a), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
5 After subsection (2) insert—
.
6 In subsection (7), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
8 In section 29 (confidentiality, etc), in subsection (7), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
9 Omit sections 34 to 3914 (establishment and organisation of the RCPO).
10
1 Section 4015 (confidentiality) is amended as follows.
2 In subsection (1)—
a for “The Revenue and Customs Prosecutions Office” substitute “The Crown Prosecution Service”;
b in paragraph (a), for “the Prosecutions Office in connection with any of its functions” substitute “the Service in connection with any of the Director of Public Prosecution’s functions”;
c omit the “and” following paragraph (a);
d after paragraph (b) insert—
.
3 In subsection (2)—
a in paragraph (a)(i), for “the Prosecutions Office” substitute “the Director of Public Prosecutions”;
b in paragraph (a)(ii), after “the Director” insert “of Public Prosecutions”;
c in paragraph (ca)(iii), omit “the Director of Public Prosecutions,”;
d omit paragraph (cb);
e in paragraph (d), after “the Director” insert “of Public Prosecutions”;
f after paragraph (e) insert—
.
4 In subsection (4)—
a for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;
b for “the Office” substitute “the Service”.
5 In subsection (6)—
a for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”;
b before paragraph (a) insert—
;
c in paragraph (a), for “the Office” substitute “the Revenue and Customs Prosecutions Office”;
d in paragraph (b), omit “hold or”.
6 After subsection (6) insert—
.
7 In subsection (8), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
8 Omit subsection (10A).
11 Omit section 4116 (disclosure of information to the DRCP).
12 Omit section 42 (inspection of the RCPO).
13 Omit section 49 (transfer of property etc to the DRCP).
14 Omit Schedule 3 (further provision as to the DRCP and the RCPO).
15 In Schedule 4 (consequential amendments), omit paragraphs 30, 41, 69, 77 and 97.

SCHEDULE 2 

Amendments of other Acts

Article 3(3)

1 Biological Weapons Act 1974

In section 1B of the Biological Weapons Act 197417 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

2 Customs and Excise Management Act 1979

In the following provisions of the Customs and Excise Management Act 197918, for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”—
a in section 14519 (institution of proceedings), subsection (1)(a);
b in section 146A20 (time limits for proceedings), subsection (7)(a);
c in section 15021 (incidental provisions as to legal proceedings), subsection (1).

Limitation Act 1980

3 The Limitation Act 198022 is amended as follows.
4 In section 27A23 (actions for recovery of property obtained through unlawful conduct etc), omit subsection (8)(c).
5 In section 27AB24 (actions to prohibit dealing with property subject to an external request), omit subsection (6)(c).
6 In section 27B25 (actions for recovery of property for purposes of an external order), omit subsection (8)(c).

7 Criminal Justice Act 1987

In section 3 of the Criminal Justice Act 198726 (disclosure of information), in subsection (1)(b), for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”.

8 Criminal Justice (International Co-operation) Act 1990

In section 21 of the Criminal Justice (International Co-operation) Act 199027 (jurisdiction and prosecutions), in subsection (2)(a), omit “or the Director of Revenue and Customs Prosecutions”.

9 Drug Trafficking Act 1994

In section 60 of the Drug Trafficking Act 199428 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

10 Criminal Appeal Act 1995

In section 22 of the Criminal Appeal Act 199529 (meaning of “public body” etc), omit subsection (4)(f).

11 Chemical Weapons Act 1996

In section 30A of the Chemical Weapons Act 199630 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

12 Petroleum Act 1998

In section 5C of the Petroleum Act 199831 (offences under section 5B: supplemental), in subsection (1), for the words from “except—” to the end substitute “except by or with the consent of the Director of Public Prosecutions.”.

13 Landmines Act 1998

In section 21 of the Landmines Act 199832 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Crime and Disorder Act 1998

14 The Crime and Disorder Act 199833 is amended as follows.
15 In section 51B34 (notices in serious or complex fraud cases), omit subsection (9)(c).
16 In section 66H35 (interpretation), omit paragraph (e)(iii).

17 Crown Prosecution Service Inspectorate Act 2000

In section 2 of the Crown Prosecution Service Inspectorate Act 200036 (functions), omit subsection (4).

18 Anti-terrorism, Crime and Security Act 2001

In section 53 of the Anti-terrorism, Crime and Security Act 200137 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Proceeds of Crime Act 2002

19 The Proceeds of Crime Act 200238 is amended as follows.
20
1 Section 2A39 (contribution to the reduction of crime) is amended as follows.
2 Omit subsection (2)(d).
3 In subsection (3)(b), omit “, the Director of Revenue and Customs Prosecutions”.
21
1 Section 2C40 (prosecuting authorities) is amended as follows.
2 In subsection (2)—
a omit “the Director of Revenue and Customs Prosecutions or”;
b omit “concerned”.
3 In subsection (3A), omit “and the Director of Revenue and Customs Prosecutions”.
4 Omit subsection (4)(c).
22 In section 5541 (sums received by designated officer), omit subsection (8)(f).
23 In section 7242 (serious default by prosecutors etc), omit subsection (9)(d).
24 In section 302A43 (powers for prosecutors to appear in proceedings), in subsection (2), for “The Director of Revenue and Customs Prosecutions” substitute “The Director of Public Prosecutions”.
25 In section 31644 (general interpretation), in subsection (1), in the definition of “enforcement authority”, in paragraph (a), omit “, the Director of Revenue and Customs Prosecutions”.
26 In section 35245 (search and seizure warrants), in subsection (5A)(a), omit “, the Director of Revenue and Customs Prosecutions”.
27 In section 35746 (disclosure orders), in subsection (8)(d), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
28 In section 377A47 (code of practice of Attorney General or Advocate General for Northern Ireland), in subsection (1)(a), omit “, the Director of Revenue and Customs Prosecutions”.
29 In section 43848 (disclosure of information by certain Directors), in subsection (1)(fa), for “, another Director or the Director of Revenue and Customs Prosecutions” substitute “or another Director”.
30 In section 43949 (disclosure of information to Lord Advocate and to Scottish Ministers), omit subsection (5)(fa).
31 In section 44150 (disclosure of information by Lord Advocate and by Scottish Ministers), in subsection (2)(fa), omit “the Director of Revenue and Customs Prosecutions,”.
32 In section 44451 (external requests and orders), in subsection (4)—
a after paragraph (f) insert “and”;
b omit paragraph (h) and the “and” preceding it.
33 In section 44552 (external investigations), in subsection (2)(b), omit “the Director of Revenue and Customs Prosecutions,”.
34 In section 45153 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
35 In section 46054 (finance), in subsection (3)(a), omit “, the Director of Revenue and Customs Prosecutions”.

36 Dealing in Cultural Objects (Offences) Act 2003

In section 4 of the Dealing in Cultural Objects (Offences) Act 200355 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

Criminal Justice Act 2003

37 The Criminal Justice Act 200356 is amended as follows.
38 In section 2757 (interpretation of Part 3), in the definition of “relevant prosecutor”, omit paragraph (ba).
39 In section 2958 (new method of instituting proceedings), in subsection (5) (definition of “public prosecutor”), omit paragraph (ca).

Serious Organised Crime and Police Act 2005

40 The Serious Organised Crime and Police Act 200559 is amended as follows.
41
1 Section 6060 (investigatory powers of DPP etc) is amended as follows.
2 Omit subsection (1)(b).
3 Omit subsection (3).
4 Omit subsection (5)(b).
5 In subsection (6), omit “(3),”.
42 In section 7161 (assistance by offender: immunity from prosecution), omit subsection (4)(b).
43 In Schedule 5 (persons specified for the purposes of section 82), in paragraph 12, in both places, omit “is or”.

44 Corporate Manslaughter and Corporate Homicide Act 2007

In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 200762 (list of government departments etc), omit “Revenue and Customs Prosecutions Office”.

Serious Crime Act 2007

45 The Serious Crime Act 200763 is amended as follows.
46 In section 8 (limited class of applicants for making of orders), omit paragraph (a)(ii).
47 In section 10 (notice requirements in relation to orders), omit subsection (4)(a)(ii).
48 In section 27 (powers to wind up companies etc: England and Wales and Scotland), in subsections (1) and (3), omit “, the Director of Revenue and Customs Prosecutions”.
49 In section 43 (index of defined expressions: Part 1), in the table, in the entry relating to the Director of Public Prosecutions and other prosecutors—
a omit “Director of Revenue and Customs Prosecutions,”;
b omit “7(2),”.
50 In section 70 (penalty and prosecution for offences under section 69), in subsection (2), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
51 In section 84 (powers for prosecutors to appear in cash recovery proceedings), omit subsections (3) and (4).
52
1 Schedule 2 (functions of applicant authorities under Part 1) is amended as follows.
2 After paragraph 5 insert—
.
3 Omit the heading preceding paragraph 6.
4 Omit paragraphs 6 to 11.
53 In Schedule 8 (abolition of Assets Recovery Agency and its Director), omit paragraphs 135(b), 165 and 168.

UK Borders Act 2007

54 The UK Borders Act 200764 is amended as follows.
55
1 Section 40 (supply of Revenue and Customs information) is amended as follows.
2 In subsection (1), for “the Revenue and Customs Prosecutions Office (the RCPO)” substitute “the Crown Prosecution Service (the CPS)”.
3 In subsection (2), in both places, for “the RCPO” substitute “the CPS”.
4 After subsection (4), insert—
.
5 In subsection (5), in both places, for “the RCPO” substitute “the CPS”.
6 After subsection (5), insert—
.
56 In section 41 (confidentiality), in subsections (2) and (3)(e), for “the RCPO” substitute “the CPS”.
57
1 Section 41A65 (supply of information to UK Border Agency) is amended as follows.
2 In subsection (1), for “the RCPO” substitute “the CPS”.
3 In subsection (3), in both places, for “the RCPO” substitute “the CPS”.
4 After subsection (4), insert—
.
5 In subsection (5), in both places, for “the RCPO” substitute “the CPS”.
6 After subsection (6), insert—
.
58 In section 41B66 (UK Border Agency: onward disclosure), in subsection (2)(e), for “the RCPO” substitute “the CPS”.
59 In section 42 (wrongful disclosure), in subsection (2), in both places, for “the RCPO” substitute “the CPS”.

60 Counter-Terrorism Act 2008

In Schedule 7 to the Counter-Terrorism Act 200867 (terrorist financing and money laundering), in Part 7 (enforcement: offences), omit paragraph 33(1)(b).

Corporation Tax Act 2009

61 The Corporation Tax Act 200968 is amended as follows.
62 In section 1207 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
63 In section 1216CN69 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
64 In section 1217CN70 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

Borders, Citizenship and Immigration Act 2009

65 The Borders, Citizenship and Immigration Act 200971 is amended as follows.
66 In section 15 (prohibition on disclosure of personal customs information), in subsection (7), for “or the Revenue and Customs Prosecutions Office” substitute “or to information supplied by or on behalf of the Crown Prosecution Service under section 40 or 41A of the UK Borders Act 2007”.
67 In section 18 (offence of wrongful disclosure), in subsection (3)(a), omit “or the Director of Revenue and Customs Prosecutions”.
68 Omit section 31 (prosecution of offences).
69 In section 37 (subordinate legislation), omit subsection (8).

Coroners and Justice Act 2009

70 The Coroners and Justice Act 200972 is amended as follows.
71 In section 77 (applications for investigation anonymity orders), omit subsection (1)(f).
72 In section 80 (discharge of order), omit subsection (2)(c).
73 In section 81 (delegation of certain functions under the Act by a chief officer of police etc), omit subsection (6).

74 Bribery Act 2010

1 Section 10 of the Bribery Act 201073 (consent to prosecution) is amended as follows.
2 In subsection (1)—
a after paragraph (a) after “the Director of Public Prosecutions,” insert “or”;
b omit paragraph (c) and the “or” preceding it.
3 In subsection (3)(a)(i), for “, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions” substitute “or the Director of the Serious Fraud Office”.
4 In subsection (4), for “, the Director of the Serious Fraud Office and the Director of Revenue and Customs Prosecutions” substitute “and the Director of the Serious Fraud Office”.
5 In subsection (7), for “, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions” substitute “or the Director of the Serious Fraud Office”.

75 Finance Act 2011

In Schedule 25 to the Finance Act 201174 (mutual assistance for recovery of taxes etc), in paragraph 5(3), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

76 Crime and Courts Act 2013

In Schedule 8 to the Crime and Courts Act 201375 (abolition of the Serious Organised Crime Agency and the National Policing Improvement Agency), omit paragraph 12 and the heading preceding it.

SCHEDULE 3 

Amendments of secondary legislation

Article 3(3)

1 The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 197576 (excepted professions, offices, employments, work and occupations), in Part 2 (offices, employments and work), omit paragraph 18A.

2 The Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994

In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 199477, omit “The Director of Revenue and Customs Prosecutions and any person designated under section 37(1) of the Commissioners for Revenue and Customs Act 2005”.

The Land Registration Rules 2003

3 The Land Registration Rules 200378 are amended as follows.
4 In Schedule 179 (schedule 1 forms referred to in rules 206, 207A and 210), in Form CIT—
a in certificates A to E and I, omit the entry “the Director of Revenue and Customs Prosecutions or a member of the Revenue and Customs Prosecutions Office authorised to apply on behalf of the Director”;
b in certificate H, for the words “The Director of Revenue and Customs Prosecutions or a member of the Revenue and Customs Prosecutions Office authorised to apply on behalf of the Director” substitute “The Director of Public Prosecutions or a member of the Crown Prosecution Service authorised to apply on behalf of the Director”.
5 In Schedule 580 (applications in connection with court proceedings, insolvency and tax liability – qualifying applicants and appropriate certificates)—
a omit the entry in column 1 that relates to the DRCP and the corresponding references in column 2 of that entry to Certificates A to E, H and I;
b in column 2, in the entry that relates to the DPP, at the appropriate place, insert “Certificate H”.

6 The Extradition Act 2003 (Part 3 Designation) Order 2003

In article 2 of the Extradition Act 2003 (Part 3 Designation) Order 200381, omit paragraph (2)(a).

7 The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004

In article 2 of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 200482, in paragraph (2), omit “the Director of Revenue and Customs Prosecutions and any person designated under section 37(1) of the Commissioners for Revenue and Customs Act 2005;”.

8 The Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005

In article 2 of the Extradition Act 2003 (Part 3 Designation) (Amendment) Order 200583, omit sub-paragraph (a).

9 The Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 2005

In article 2 of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) (Amendment) Order 200584, omit paragraph (3).

10 The Revenue and Customs (Inspections) Regulations 2005

In regulation 2 of the Revenue and Customs (Inspections) Regulations 200585 (interpretation), in the definition of “Director”, for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.

The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005

11 The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 200586 is amended as follows.
12 In article 3 (action on receipt of request for restraint of property), in paragraph (1), omit “or the Director of Revenue and Customs Prosecutions”.
13 In article 15 (action on receipt of external forfeiture order in connection with criminal convictions), in paragraph (1), for the words from “to—” to the end substitute “to the Director of Public Prosecutions to process it.”.

The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

14 The Proceeds of Crime Act 2002 (External Requests and Orders) Order 200587 is amended as follows.
15 In article 688 (action on receipt of external request in connection with criminal investigations or proceedings), in paragraph (1), for the words from “to—” to the end substitute “to the Director of Public Prosecutions to process it.”.
16 In article 1889 (action on receipt of external order in connection with criminal convictions), in paragraph (1), for the words from “to—” to the end substitute “to the Director of Public Prosecutions to process it.”.
17 In article 34 (sums received by relevant director), in paragraph (6), for “the Crown Prosecution Service, the Serious Fraud Office or the Revenue and Customs Prosecution Office” substitute “the Crown Prosecution Service or the Serious Fraud Office”.
18 In article 141R90 (interpretation), in paragraph (1), in the definition of “enforcement authority”, in paragraph (a), omit “, the Director of Revenue and Customs Prosecutions”.
19 In article 21391 (general interpretation), in paragraph (1), in the definition of “enforcement authority”, in paragraph (a), omit “, the Director of Revenue and Customs Prosecutions”.

20 The Public Contracts Regulations 2006

In Schedule 1 to the Public Contracts Regulations 200692 (GPA Annex 1 contracting authorities), omit “The Revenue and Customs Prosecutions Office”.

21 The Money Laundering Regulations 2007

In regulation 46 of the Money Laundering Regulations 200793 (prosecution of offences), in paragraph (1)(a), omit “the Director of Revenue and Customs Prosecutions or by”.

22 The Transfer of Funds (Information on the Payer) Regulations 2007

In regulation 15 of the Transfer of Funds (Information on the Payer) Regulations 200794 (prosecution of offences), in paragraph (1)(a), omit “the Director of Revenue and Customs Prosecutions or by”.

23 The Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 2008

In the Schedule to the Serious Organised Crime and Police Act 2005 and Serious Crime Act 2007 (Consequential and Supplementary Amendments to Secondary Legislation) Order 200895 (amendment of statutory instruments and statutory rules of Northern Ireland relating to ARA, its Director and SOCA), omit paragraph 6(3)(c).

The UK Border Agency (Complaints and Misconduct) Regulations 2010

24 The UK Border Agency (Complaints and Misconduct) Regulations 201096 are amended as follows.
25 In regulation 46 (restrictions on proceedings pending the conclusion of an investigation), in paragraph (3), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
26 In regulation 61 (action by a police force on completion of an investigation report), in paragraphs (3)(a), (5), (6) and (7), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
27 In regulation 62 (final reports on investigations: complaints, conduct matters and certain DSI matters), in paragraph (4), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
28 In regulation 63 (action by the IPCC in response to an investigation report under regulation 62), in paragraphs (2)(c), (4), (5) and (6), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
29
1 Regulation 70 (appeals to the IPCC with respect to an investigation) is amended as follows.
2 In paragraph (2)(e), omit “or the Director of Revenue and Customs Prosecutions”.
3 In paragraphs (3)(e) and (9)(a), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.

The Revenue and Customs (Complaints and Misconduct) Regulations 2010

30 The Revenue and Customs (Complaints and Misconduct) Regulations 201097 are amended as follows.
31 In regulation 40 (power of the IPCC to impose requirements in relation to an investigation which it is supervising), in paragraph (2), for the words from “consent” to the end substitute “consent of the Director of Public Prosecutions to the imposition of any such requirement.”.
32 In regulation 52 (restrictions on proceedings pending the conclusion of an investigation, in paragraph (3), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
33
1 Regulation 67 (action by the IPCC in response to an investigation report under regulation 66) is amended as follows.
2 In paragraph (2)(c), omit “or the Director of Revenue and Customs Prosecutions”.
3 In paragraphs (4), (5) and (6), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
34 In regulation 68 (action by the appropriate authority in response to an investigation report under regulation 66), in paragraphs (2)(b), (4), (5), (6) and (9)(b), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.
35 In regulation 74 (appeals to the IPCC with respect to an investigation), in paragraphs (2)(e), (3)(d) and (10)(a), omit “or, as the case may be, the Director of Revenue and Customs Prosecutions”.

36 The Customs Disclosure of Information and Miscellaneous Amendments Regulations 2012

In regulation 4 of the Customs Disclosure of Information and Miscellaneous Amendments Regulations 201298 (penalties for offence of disclosure of restricted information), in paragraph (2), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.

37 The Extradition Act 2003 (Designation of Prosecutors) (England and Wales and Northern Ireland) Order 2013

In the Schedule to the Extradition Act 2003 (Designation of Prosecutors) (England and Wales and Northern Ireland) Order 201399 (listed prosecutors), omit “The Director of Revenue and Customs Prosecutions”.

38 The Proceeds of Crime Act 2002 (External Investigations) Order 2013

1 Article 2 of the Proceeds of Crime Act 2002 (External Investigations) Order 2013100 (interpretation) is amended as follows.
2 In paragraph (7)(a), omit “, the Director of Revenue and Customs Prosecutions”.
3 In paragraph (8)(a), omit “or the Director of Revenue and Customs Prosecutions,”.

Footnotes

  1. 1
    2011 c. 24.
  2. 2
    2005 c. 11.
  3. 3
    1985 c. 23.
  4. 4
    The office of the DRCP was established by section 34(1) of the CRCA 2005. The Director and his staff are together referred to as the RCPO.
  5. 5
    Section 38(1A) was inserted by the Serious Crime Act 2007 (c. 27), section 84(3).
  6. 6
    Section 5(1) was amended by the Courts and Legal Services Act 1990 (c.41), section 71(2), Schedule 10, paragraph 61(2) and by the Extradition Act 2003, section 190(1) and (4).
  7. 7
    2009 c. 11.
  8. 8
    No amendments have been made to section 3(2)(g). Amendments to section 3 appear below.
  9. 9
    Section 40(2)(ca) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (2); amended by that Act, section 79, Schedule 11, paragraph 16; and amended by the Crime and Courts Act 2013, section 15(3), Schedule 8, paragraph 186. Section 40(2)(cb) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (2). Section 40(10A) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (3).
  10. 10
    Section 3(2) was amended by the Criminal Justice Act 1987 (c. 38), section 15, Schedule 2, paragraph 13; the Immigration and Asylum Act 1999 (c. 33), section 164; the Police Reform Act 2002 (c. 30), section 107, Schedule 7, paragraph 10; the Anti-social Behaviour Act 2003 (c. 38), section 86(6) and 92 and Schedule 3; the Extradition Act 2003 (c. 41), section 190; the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), section 7; the Constitutional Reform Act 2005 (c. 4), section 40(4), Schedule 9, paragraph 41(1) and (2); the Serious Organised Crime and Police Act 2005 (c. 15), section 140(5), Schedule 4, paragraph 47; the Violent Crime Reduction Act 2006 (c. 38), sections 7(10), 8(7) and 52(2) and Schedule 3, paragraph 15; the Serious Crime Act 2007 (c. 27), section 74(2), Schedule 8, paragraph 149; and the Crime and Courts Act 2013 (c. 22), section 15(3), Schedule 8, paragraph 30. Section 3(3) was amended by the Police Act 1996 (c. 16), section 103(1), Schedule 7, paragraph 39; the Police Act 1997 (c. 50), section 134(1), Schedule 9, paragraph 48; the Serious Organised Crime and Police Act 2005, sections 59 and 174(2), Schedule 4, paragraph 47 and Schedule 17, Part 2; and the Police Reform and Social Responsibility Act 2011 (c. 13), section 99, Schedule 16, paragraph 171.
  11. 11
    2002 c. 29; section 302A was inserted by the Serious Crime Act 2007, section 84(1); it was amended by the same Act, section 79, Schedule 11, paragraphs 1 and 12.
  12. 12
    Section 7A was inserted by the Courts and Legal Services Act, section 114 and substituted by the Crime and Disorder Act 1998 (c. 37), section 53. Subsection (2) was amended by the Criminal Justice and Immigration Act 2008 (c. 4), section 55(1) and (2). Subsection (5) was substituted, and subsection (5A) inserted, by the Criminal Justice and Immigration Act 2008, section 55(1) and (3). Subsection (5) was amended by the Crime and Security Act 2010 (c. 17), section 41(6). Subsections (8) to (12) were inserted by the Criminal Justice and Immigration Act 2008, section 55(1) and (5).
  13. 13
    Section 21(1)(b)(i) was amended by the Serious Crime Act 2007, sections 74(2) and 92, Schedule 8, paragraph 164(a). Section 21(1)(b)(iii) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 164(b).
  14. 14
    Sections 35 and 37 were amended by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 165 and 166. Sections 38 and 39 were amended by the Serious Crime Act 2007, section 84(3) and (4).
  15. 15
    Section 40(2)(ca) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (2); amended by that Act, section 79, Schedule 11, paragraph 16; and amended by the Crime and Courts Act 2013, section 15(3), Schedule 8, paragraph 186. Section 40(2)(cb) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (2). Section 40(10A) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 167(1) and (3).
  16. 16
    Section 41 was amended by the Serious Crime Act 2007, section 74(2) and Schedule 8, paragraph 168; and by the Crime and Courts Act 2013, section 15(3), Schedule 8, paragraph 187.
  17. 17
    1974 c. 6; section 1B was inserted by the Anti-terrorism, Crime and Security Act 2001 (c. 24), section 45. Section 1B(1) was amended by the Commissioners for Revenue and Customs Act 2005 (c. 11), section 50(6), Schedule 4, paragraph 17(a) (and the heading by paragraph 17(e)).
  18. 18
    1979 c. 2.
  19. 19
    Section 145(1) was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraph 23(a).
  20. 20
    Section 146A was inserted, in relation to offences committed on or after 27 July 1989, by the Finance Act 1989 (c. 26), section 16(1) and (4); section 146A(7) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraphs 20 and 24.
  21. 21
    Section 150(1) was amended by the Commissioners for Revenue and Customs Act 2005, Schedule 4, paragraphs 20 and 25.
  22. 22
    1980 c. 58.
  23. 23
    Section 27A was inserted by the Proceeds of Crime Act 2002 (c. 29), section 288(1). Section 27A(8) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraph 147(1) and (4) and subsection (8)(a) substituted by the Crime and Courts Act 2013, section 15(3), Schedule 8, para 28(1).
  24. 24
    Section 27AB was inserted by S.I. 2013/2604.
  25. 25
    Section 27B was inserted by S.I. 2005/3181. Subsection (8) was added by S.I. 2008/302, article 4; and subsection (8)(a) was substituted by the Crime and Courts Act 2013, section 15(3), Schedule 8, para 28(2).
  26. 26
    1987 c. 38; section 3(1)(b) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 35(1).
  27. 27
    1990 c. 5; section 21(2)(a) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 41.
  28. 28
    1994 c. 37; section 60(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 59(a).
  29. 29
    1995 c. 35; section 22(4)(f) was substituted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 62.
  30. 30
    1996 c. 6; section 30A was inserted by the Anti-terrorism, Crime and Security Act 2001 (c. 24), section 46; section 30A(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 64(a).
  31. 31
    1998 c. 17; section 5C was inserted by the Energy Act 2008 (c. 32), section 76.
  32. 32
    1998 c. 33; section 21(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 66(a).
  33. 33
    1998 c. 37.
  34. 34
    Section 51B was substituted by the Criminal Justice Act 2003 (c. 44), section 41, Schedule 3, paragraphs 15 and 18; section 51B(9)(c) was substituted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 69.
  35. 35
    Section 66H was inserted by the Criminal Justice and Immigration Act 2008 (c. 4), section 48(1), Schedule 9, paragraphs 1 and 3.
  36. 36
    2000 c. 10; section 2(4) was inserted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 77.
  37. 37
    2001 c. 24. Section 53(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 87(a).
  38. 38
    2002 c. 29.
  39. 39
    Section 2A was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 124.
  40. 40
    Section 2C was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 124; section 2C(3A) was inserted by the Serious Crime Act 2007, section 84(2).
  41. 41
    Section 55(8) was substituted by the Policing and Crime Act 2009 (c. 26), section 51(1) and (2). It has been further amended but not in relation to subsection (8)(f).
  42. 42
    Section 72(9)(d) was substituted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 97.
  43. 43
    Section 302A was inserted by the Serious Crime Act 2007, section 84(1).
  44. 44
    In section 316, paragraph (a) in the definition of “enforcement authority” was substituted by the Serious Crime Act 2007, Schedule 8, paragraph 91(1) and (2)(a). It has been further amended but not in relation to the Director of Revenue and Customs Prosecutions.
  45. 45
    Section 352(5A) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 103 and 105(1) and (3).
  46. 46
    Section 357(8) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 103 and 108(1) and (7).
  47. 47
    Section 377A was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 103 and 115.
  48. 48
    Section 438(1)(fa) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 134(1) and (3)(c). It has been further amended but not in relation to the Director of Revenue and Customs Prosecutions.
  49. 49
    Section 439(5)(fa) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 135(b).
  50. 50
    Section 441(2)(fa) was substituted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 136.
  51. 51
    Section 444(4) was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 108(1) and (3).
  52. 52
    Section 445(2)(b) was amended by the Serious Crime Act 2007, Schedule 8, Part 6, paragraph 139.
  53. 53
    Section 451(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 99(a).
  54. 54
    Section 460(3) was inserted by the Serious Crime Act 2007, section 74(2), Schedule 8, paragraphs 121 and 141.
  55. 55
    2003 c. 27; section 4(1) was amended by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 128(a).
  56. 56
    2003 c. 44.
  57. 57
    In section 27, paragraph (ba) in the definition of “relevant prosecutor” was inserted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 129(b).
  58. 58
    Section 29(5)(ca) was inserted by the Commissioners for Revenue and Customs Act 2005, section 50(6), Schedule 4, paragraph 130.
  59. 59
    2005 c. 15. Part 1 of the Serious Organised Crime and Police Act 2005 is repealed by the Crime and Courts Act 2013, section 15(3), Schedule 8, paragraph 158. Paragraph 158 came into force on 7 October 2013 (SI 2013/1682).
  60. 60
    Section 60(1)(b) and 60(5)(b) was amended by the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), section 30(2), Schedule 5.
  61. 61
    Section 71(4) was amended by the Coroners and Justice Act 2009 (c. 25), section 113(1) and (3)(a), and by the Finance Act 2012 (c. 14), section 114(1), Schedule 18, paragraph 106(1), (2).
  62. 62
    2007 c. 19.
  63. 63
    2007 c. 27.
  64. 64
    2007 c. 30.
  65. 65
    Section 41A was inserted by the Borders, Citizenship and Immigration Act 2009 (c. 11), section 20(1).
  66. 66
    Section 41B was inserted by the Borders, Citizenship and Immigration Act 2009, section 20(1).
  67. 67
    2008 c. 28. Paragraph 33 of Schedule 7 was amended by the Financial Services Act 2012, section 114(1), Schedule 18, paragraph 127(1) and (4).
  68. 68
    2009 c. 4.
  69. 69
    Section 1216CN was inserted by the Finance Act 2013 (c. 29), section 36(1), Schedule 16, paragraph 1.
  70. 70
    Section 1217CN was inserted by the Finance Act 2013, section 36(1), Schedule 16, paragraph 1.
  71. 71
    2009 c. 11.
  72. 72
    2009 c. 25.
  73. 73
    2010 c. 23.
  74. 74
    2011 c. 11.
  75. 75
    2013 c. 22.
  76. 76
    S.I. 1975/1023, amended by S.I. 2006/2143; there are other amending instruments but none are relevant.
  77. 77
    S.I. 1994/1438, amended by S.I. 2005/1129; there are other amending instruments but none are relevant.
  78. 78
    S.I. 2003/1417.
  79. 79
    Schedule 1 was amended by S.I. 2005/1766 and S.I. 2008/574; there are other amending instruments but none are relevant.
  80. 80
    Schedule 5 was amended by S.I. 2005/1766 and S.I. 2008/574; there are other amending instruments but none are relevant.
  81. 81
    S.I. 2003/3335, amended by S.I. 2005/1127; there are other amending instruments but none are relevant.
  82. 82
    S.I. 2004/1034, amended by S.I. 2005/1130; there are other amending instruments but none are relevant.
  83. 83
    S.I. 2005/1127.
  84. 84
    S.I. 2005/1130.
  85. 85
    S.I. 2005/1133.
  86. 86
    S.I. 2005/3180.
  87. 87
    S.I. 2005/3181.
  88. 88
    There are amending instruments, but none are relevant.
  89. 89
    There are amending instruments, but none are relevant.
  90. 90
    Article 141R was inserted by S.I. 2013/2604.
  91. 91
    Article 213 was amended by S.I. 2008/302; there are other amending instruments but none are relevant.
  92. 92
    S.I. 2006/5; there are amendments, but none are relevant to this Order.
  93. 93
    S.I. 2007/2157.
  94. 94
    S.I. 2007/3298.
  95. 95
    S.I. 2008/574.
  96. 96
    S.I. 2010/782.
  97. 97
    S.I. 2010/1813.
  98. 98
    S.I. 2012/1848.
  99. 99
    S.I. 2013/2388.
  100. 100
    S.I. 2013/2605