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Publication Scheme

This is the Publication Scheme of the Assets Recovery Agency (ARA), produced in line with the requirements of the Freedom of Information Act 2000. It sets out the classes of information that ARA has made publicly available, and those which it intends to make publicly available in the future. Where appropriate, it also lists individual documents. Details of how to obtain copies of such documents are provided.

Introduction to the Assets Recovery Agency

The Assets Recovery Agency became operational in February 2003. It is a Non-Ministerial Department. ARA’s Interim Director, Alan McQuillan, reports to the Home Secretary, but is operationally independent.

The Agency’s remit is to reduce crime by:

  • supporting the Police, HM Revenue and Customs (HMRC), the Serious Organised Crime Agency (SOCA) and other agencies in financial investigations, by providing specialist training and advice;
  • investigating cases leading to post-conviction confiscation orders and/or applying for such orders;
  • enforcing certain confiscation orders;
  • using a power of ‘civil recovery’ - suing in the High Court for the recovery of the proceeds of unlawful conduct;
  • using powers of taxation where the Director has reasonable grounds to suspect that there is income, gains or profits that are chargeable to the relevant tax and which results from criminal conduct. The Director then carries out the tax functions that HMRC would ordinarily carry out. This is not just limited to the proceeds of criminal conduct but extends to all of the person’s property. The only difference between the Director and the HMRC is that when the Director is carrying out his taxation functions the source of income does not need to be identified.

The Agency will normally take on cases only on the basis of referral from the Police, HMRC, SOCA and other law enforcement agencies according to agreed criteria.

In addition to the above roles the Agency’s Financial Investigation Centre of Excellence provides for the training and accreditation of investigators who specialise in tracing criminal assets and other areas of financial investigation.


On 16th January 2007, the Government introduced the Serious Crime Bill to Parliament setting out Government proposals to merge the operational elements of the Assets Recovery Agency (ARA) with the Serious Organised Crime Agency (SOCA), and the Agency’s training and accreditation functions with the National Policing Improvement Agency (NPIA). It will also extend to certain prosecutors the power to launch civil recovery action under the Proceeds of Crime Act 2002. Until then ARA will continue to operate as before and use its powers to the full in proceeding to complete existing cases and adopt new cases for future action.

The Freedom of Information Act

The Freedom of Information Act 2000 requires all public authorities to make information that they hold publicly available. All such bodies must produce a Publication Scheme, providing details of:

  • the classes of information that the body publishes or intends to publish;
    the manner in which information of each class is, or is intended to be, published;
  • whether the material is, or is intended to be, available to the public free of charge or on payment.

The Assets Recovery Agency’s Publication Scheme was originally approved by the Information Commissioner for the period from 12 August 2003 to 30 November 2006. This scheme provided details of all the classes of information that the Agency publishes or intends to publish; the manner of their publication; and the Agency’s policy on charges.

In June 2006 the Office of the Information Commissioner announced that the timescale for re-approval of publication schemes would be extended to the period 1st January 2008 – 31st December 2008. The current version of the scheme (Version 2) brings the 2005 scheme up to date to reflect amendments, such as renaming of partner organisations.

The Agency has other information, some of which it may be prepared to release on request. ARA will consider carefully all requests for access to information under the statutory right of access provided by the Freedom of Information Act. As a public body, ARA is committed to making the maximum amount of information available to the public about its work. At the same time, the nature of the Agency’s work means that there will be occasions when it is necessary for us to withhold certain information, in reliance on the exemptions in the Freedom of Information Act. Our policy is to withhold information, in reliance on the exemptions, only in exceptional circumstances.


The information detailed in this scheme is routinely available and, where it cannot be accessed directly, will be provided in the shortest timescale possible.

Obtaining Documents and Information

Much of the information detailed in our Publication Scheme will be available through our website, at www.assetsrecovery.gov.uk

If you do not have access to the internet, or the information you seek is not included in our Publication Scheme or on the website, please contact the Assets Recovery Agency at:

Email: foi@ara.gsi.gov.uk

Telephone: 020 7029 5700

Write to:

Policy and Performance Team
Assets Recovery Agency
PO Box 39992
LONDON
EC4M 7XQ

The Publication Scheme is maintained on a day-to-day basis by ARA’s Policy and Performance Team. Overall responsibility rests with the Director of the Assets Recovery Agency.

Review Procedure

Should you be unhappy with the response you have received in relation to a request under the Freedom of Information Act and wish to request a review of our decision, you should write to the Policy and Performance Team (address as above). We will aim to review our decision within three weeks, however in the case of more complex reviews we reserve the right to extend this period up to six weeks. This is in line with best practice guidance governing decision reviews by public authorities.

Charges

It is ARA’s policy to avoid as far as possible charging for providing information detailed in our Publication Scheme.

Much of the information referred to in the Publication Scheme will be maintained on our website. This will be free of charge to all (although the user would of course have to meet any charges by their Internet Service Provider, personal printing costs, etc).

For those without internet access, a single print-out as on the website is available free of charge by post from the address above. However, requests for multiple print-outs, or for copies of documents which are not available on the website, may attract a charge for the cost of retrieval, photocopying, postage, etc. We would let you know this at the time of your request. In these instances, payment will be required in advance of us supplying the material.

Where documents have high production costs, a charge may be levied. For example, ‘glossy’ or other bound paper copies, or in some cases a CD Rom, video or other mediums, may attract a charge. Again, payment would be required in advance of the material being supplied.

Published Material

The classes of information held are as follows:

Policies and Plans – policy documents, and plans for the future

Operational Framework – setting out the role of ARA and the rationale behind the Agency. The legislative framework within which ARA operates is also included in this class.

The Organisation – includes internal staff policies, organisation structure and vacancies.

Publications and Information – documents produced by ARA detailing aspects of its work. This includes press releases for the media, and newsletters.

Within the scheme set out in the tables below, there are classes that include information that is held and published by other organisations, such as the Cabinet Office, the Stationery Office, the Official Journal of European Communities (OJEC) and the European Journal and The Belfast Telegraph. This type of information is included because of its direct relevance to ARA’s work. Where information mentioned in the scheme is produced and held by other organisations, contact details for the relevant organisation are provided. The responsibility to supply such information, however, lies entirely with the other organisation and the Assets Recovery Agency cannot guarantee its availability.

Policies & Plans

Class

Business Plans

Description

Produced annually, setting out ARA’s priorities and plans for the coming year, together with performance targets.

Format

This information can be found on ARA’s website on the Targets and Results page.







 

Class

Business Area Plans

Description

Produced annually, setting out ARA’s plans and priorities in each of its seven business areas for the coming year, together with performance targets.

Format

This information is available either on our website on the Targets and Results page or on request via email/hardcopy.

 

 

Class

Annual Report and Accounts

Description

The Annual Report sets out ARA’s activities and achievements over the previous year.

Format

This information can be found on ARA’s website on the Targets and Results page.






Class

Data Protection Guidance

Description

ARA’s guidance to staff on handling information held in accordance with the Data Protection Act 1998.

Format

This information can be found on ARA’s website under the About ARA page.

 

Class

Memoranda of Understanding

Description

Agreements on working relations negotiated with ARA’s stakeholders, including ACPO, PSNI, HM Revenue & Customs, and SOCA.

Format

This information will be made available in hardcopy on request.

 

Class

Complaints Procedure

Description

Document setting out the procedure for the public to follow if someone wishes to make a complaint against any aspect of ARA’s work.

Format

This information can be found on ARA’s website under the Contact Us page.

 

Class

Settlement policy

Description

ARA’s policy for settling civil recovery cases in appropriate circumstances.

Format

This information can be found on ARA’s website under the “What We Do” page.

 

Class

Legislation relevant to ARA

Description

The key legislation relating to the establishment and role of ARA is contained in the Proceeds of Crime Act 2002 as well as additional powers contained in the Serious and Organised Crime and Police Act 2005.

Format

The Proceeds of Crime Act 2002 can be found at

http://www.opsi.gov.uk/acts/acts2002/20020029.htm

Explanatory notes on the Act can be found at

http://www.opsi.gov.uk/acts/en2002/2002en29.htm

 

The Serious and Organised Crime and Police Act can be found at:

http://www.opsi.gov.uk/acts/acts2005/20050015.htm

Paper copies can be purchased from The Stationery OfficeTelephone +44 (0)870 242 2345or customer.services@tso.co.uk

 

Class

Information gateways between ARA and other organisations

Description

The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2003 establishes additional information gateways between the Agency and a number of designated organisations.

Format

This can be found at

http://www.opsi.gov.uk/si/si2003/20030335.htm

Paper copies can be purchased from The Stationery Office

Telephone +44 (0)870 242 2345or customer.services@tso.co.uk

 

The Organisation

Class

Vacancies

Description

Assets Recovery Agency vacancies.

Format

This information can be found on ARA’s website under the Recruitment page

 

Class

Personnel Policy Documents

Description

Annual leave policy; Code of Conduct/Professional standards policy; Disciplinary policy; Flexible working and Balance time policy; Grievance policy; Disclosure of Interests policy;

In development: Special Leave policy; Medical policy; Use of IT and Communications Facilities policy; Expenses policy; Work-life policy; Recruitment policy; Diversity policy.

Format

This information will be made available in hardcopy on request.

 

Class

Organisational Chart

Description

A diagram illustrating the organisational structure of ARA.

Format

This information is available on request

 

Class

Biographical Details of Senior ARA Staff

Description

Published biographical details of ARA’s Director and Deputy Director of Operations.

Format

This information can be found on ARA’s website on the About Us page

 

Class

Procurement

Description

Procurement strategy, setting out ARA’s rules and procedures on procurement of services, and Tender Notices.

Format

The strategy is available on the ARA’s website on the “About ARA” page.

Tender Notices will be made available in hardcopy on request.

 

Class

Financial Information

Description

Documents setting out ARA’s procedures and policies regarding finances, specifically: Finance Manual; External Audit; Internal Audit Arrangements; Statement of Internal Control; Resource Accounts (£7.50) for a hardcopy.

Format

Much of this information can be found on the website under the “Targets and Results” page. Where this is not the case information will be made available in hardcopy on request.

 

Class

General guidance/terms and conditions for Accreditation and Monitoring of Financial Investigators

Description

The guidance and terms and conditions for accreditation and monitoring of Financial Investigators.