49.—(1) If, on an application made by [F1 a senior officer of an enforcement authority], by complaint on oath, a [F2 Crown Court] judge is satisfied—

(a)that [F2 a confiscation investigation] is taking place; and

(b)that the investigation could be more effectively carried out with the participation of a person who is not a police officer [F3 or customs officer] and who is [F4 an accredited financial investigator] named in the application;F5. . .

he may authorise that person ( “a financial investigator”) to exercise for the purposes of the investigation the powers conferred by Schedule 2.

[F3(1A) If, on an application made by [F4[F6a senior National Crime Agency officer] or] a senior officer of an enforcement authority by complaint on oath, a [F2 Crown Court] judge is satisfied—

(a)that [F2 a confiscation investigation] is taking place; and

(b) that the investigation could be more effectively carried out if [F4[F7 a member of staff of the Agency ] or ] a person named in the application who is a police officer or customs officer were authorised to exercise for the purposes of the investigation the powers conferred by [F2 paragraph 3A ] of Schedule 2; F5 . . .

he may authorise [F4[F7a member of staff of the Agency] or] that person to exercise, for the purposes of the investigation the powers conferred by [F2 paragraph 3A] of Schedule 2.]

[F8(1B) If, on an application made by [F9[F10a National Crime Agency officer] or a relevant Director], a judge of the High Court is satisfied—

(a)that a civil recovery investigation is taking place; and

(b)that the investigation could be more effectively carried out if [F11a member of staff of the Agency or] the Director were authorised to exercise for the purposes of the investigation the powers conferred by paragraph 3A of Schedule 2,

the judge may authorise [F11a member of staff of the Agency or] the Director to exercise those powers for that purpose.]

(2) An application under [F8 this Article] may be made ex parte to a judge in chambers.

(3) Crown Court rules may make provision as to the procedure for applications under paragraph (1) [F3 or (1A)] [F8 and rules of court may make provision as to the procedure for applications under paragraph (1B)].

[F1(5) In this Article—

• [F4“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);]

• [F8“civil recovery investigation” has the same meaning as it has for the purposes of Part 8 of that Act by virtue of section 341(2) and (3);]

• Definition rep. by 2002 c. 29

• “enforcement authority” means—

  (a)

  the Royal Ulster Constabulary; or

  (b)

  the Commissioners of Customs and Excise;

• “police officer” has the same meaning as in Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989;

• [F12 “ relevant Director ” means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland; ]

• Definition rep. by 2002 c. 29

• [F13 “ [F14senior National Crime Agency officer] ” means—

  (a)

  the Director General of the [F15National Crime Agency]; or

  (b)

  [F16any National Crime Agency officer] authorised by the Director General (whether generally or specifically) for the purpose of this Article;]

• “senior officer of an enforcement authority” means—

  (a)

  a police officer of at least the rank of superintendent; or

  (b)

  a customs officer of at least such grade as is designated by the Commissioners of Customs and Excise as equivalent to that rank.]