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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 93
PROCEEDS OF CRIME
The Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003

	Made	13th February 2003
	Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by sections 439(6) and 441(9) of the Proceeds of Crime Act 2002[1] and all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 459(6)(b) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation
     1. - (1) This Order may be cited as the Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003.

    (2) This Order shall come into force on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.

    (3) In this Order "the Act" means the Proceeds of Crime Act 2002.

Disclosure of information to Lord Advocate and to Scottish Ministers
     2. For the purposes of section 439 of the Act, the persons listed in column 1 of the Schedule are designated as permitted persons in respect of the functions specified in relation to those persons in column 2 of the Schedule, being functions which the Scottish Ministers believe are of a public nature.

Disclosure of information by Lord Advocate and by Scottish Ministers
     3. The functions designated for the purposes of section 441 of the Act, being functions which the Scottish Ministers think are of a public nature, are-

(a) protecting public health;

(b) the functions of the Financial Services Authority under the Financial Services and Markets Act 2000[

HUGH HENRY
A member of the Scottish Executive

St Andrew's House, Edinburgh
13th February 2003

SCHEDULEArticle 2

PERSONS DESIGNATED AS PERMITTED PERSONS FOR THE PURPOSES OF SECTION 439 OF THE ACT

Column 1	Column 2
(permitted persons)	(functions specified)
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[3]; 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 the 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[4]; (b) Part XIV of the Companies Act 1985[5]; (c) Part III of the Companies Act 1989[6]; (d) the Export of Goods (Control) Order 1994[7]; (e) Part XI of the Financial Services and Markets Act 2000[8]; (f) the Dual-Use Items (Export Control) Regulations 2000[9].
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- (a) the Civil Aviation Act 1982[10]; (b) Part IV and sections 69 and 73 of the Airports Act 1986[11]; and (c) Part I of the Transport Act 2000[12]
The Gaming Board for Great Britain	Functions under the Gaming Act 1968[13] and the Lotteries and Amusements Act 1976[14].
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[15] exercised for the purposes of prevention, detection, investigation or prosecution of crime.
A financial investigator appointed under article 49 of the Proceeds of Crime (Northern Ireland) Order 1996[16]	Functions under articles 50 and 51 of, and Schedule 2 to, the Proceeds of Crime (Northern Ireland) Order 1996[17].
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[18]; 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.