Page 820 - IOM Law Society Rules Book

442 Proceeds of Crime Act 2008 c.13

SCH. 7 (i) in such cases and circumstances as are specified
in the order; and

(ii) subject to any conditions specified in the order.”;
and

(c) for subsection (3), substitute —
“(3) An order under subsection (2) —

(a) may make provision that applies generally or only in
specified cases or circumstances;

(b) may make different provision for different cases or
circumstances;

(c) may, in modifying a provision, in particular impose
conditions on the exercise of a function; and

(d) shall not be taken to limit a power under section 171 of the
[c.34] Customs and Excise Management Act 1986.”.

(5) After section 77 insert the following section —

“Customs 77A. (1) Subsection (2) applies in respect of officers of Customs and
officers: Excise who —
powers of
constables
(a) are seconded to the Financial Crime Unit of the Isle of Man
Constabulary; and

(b) are authorised for the purposes of this section by the
Attorney General.

(2) An officer of Customs and Excise to whom this subsection
applies has the powers, duties and obligations conferred on a constable
by any other statutory provision or by the common law.

(3) Subject to subsections (4), (5) and (6), a reference in any
statutory provision to a constable includes an officer of Customs and
Excise to whom subsection (2) applies.

(4) Subsections (2) and (3) are subject to any express
modification under section 77.

(5) An officer of Customs and Excise to whom subsection (2)
applies is not a member of the police force but the provisions of the
[c.11] Police Act 1993 specified in subsection (9) apply, with the necessary
modifications, to, or in respect of, such an officer as if that officer
were a member of the police force.

(6) Subsections (2) and (3) do not prejudice the operation of
any other enactment —
(a) that construes “constable” as including an officer of Customs
and Excise; or

(b) that confers the powers of a constable on an officer of
Customs and Excise.