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The Policing and Crime Act 2009 (Commencement No. 9) Order 2014

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Statutory Instruments

2014 No. 3101 (C. 135)

Proceeds Of Crime

The Policing and Crime Act 2009 (Commencement No. 9) Order 2014

Made

20th November 2014

The Secretary of State makes the following Order in exercise of the powers conferred by section 116(1) and (7) of the Policing and Crime Act 2009(1).

In accordance with section 116(2A) of that Act, the Secretary of State has obtained the consent of the Department of Justice in Northern Ireland in so far as this Order relates to section 57 of that Act.

Citation and interpretation

1.—(1) This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 9) Order 2014.

(2) In this Order—

“the 2002 Act” means the Proceeds of Crime Act 2002(2); and

“the 2009 Act” means the Policing and Crime Act 2009.

Provisions being brought fully into force

2.  The following provisions of the 2009 Act come into force on 22nd November 2014—

(a)section 57(1) in so far as it relates to the provision in paragraph (b);

(b)section 57(5)(3);

(c)section 112(1) in so far as it relates to the provisions in paragraphs (d) and (e);

(d)paragraph 66 in Part 6 of Schedule 7 in so far as it relates to the provision in paragraph (e); and

(e)paragraph 95 in Part 6 of Schedule 7.

Provisions coming into force for the purpose of making subordinate legislation

3.—(1) Subject to paragraph (2), the provisions of the 2009 Act in paragraph (3) come into force on 22nd November 2014, to the extent specified.

(2) The provisions in paragraph (3) come into force only to the extent that they confer a power—

(a)to make subordinate legislation under the 2002 Act; or

(b)for the Lord Advocate to issue guidance under section 127R of the 2002 Act,

and so far as is necessary for the purpose of making regulations, rules of court , orders, codes of practice (which includes, in relation to the making of a Code of Practice, the taking of steps to comply with the procedural requirements for making that Code) or issuing guidance.

(3) The provisions are—

(a)section 55(1) in so far as it relates to the provisions in sub-paragraph (b);

(b)section 55(2) in so far as it inserts sections 47A, 47G and 47S(1) to (5) into the 2002 Act;

(c)section 56(1) in so far as it relates to the provisions in sub-paragraph (d);

(d)section 56(2) in so far as it inserts sections 127A, 127G and 127R into the 2002 Act;

(e)section 57(1) in so far as it relates to the provisions in sub-paragraph (f);

(f)section 57(2)(4) in so far as it inserts sections 195S(1) to (5) and 195T(1) to (7) into the 2002 Act;

(g)section 65(1) in so far as it inserts section 297A(3) to (5) into the 2002 Act;

(h)section 66(1) in so far as it relates to the provision in sub-paragraph (i);

(i)section 66(5);

(j)section 112(2) in so far as it relates to the provisions in sub-paragraph (k); and

(k)Part 5 of Schedule 8 in so far as it relates to section 351(8) of the 2002 Act.

Karen Bradley

Parliamentary Under Secretary of State

Home Office

20th November 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the ninth commencement order made under the Policing and Crime Act 2009 (c. 22) (“the 2009 Act”). The 2009 Act made amendments to the Proceeds of Crime Act (c. 29) (“the 2002 Act”).

Article 2 brings into force on 22nd November 2014 amendments made by the 2009 Act to section 459 of the 2002 Act, which sets out the Parliamentary procedures for orders and regulations made under the 2002 Act. This is in anticipation of the making of subordinate legislation under the following provisions of the 2002 Act:

  • section 41A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in England and Wales);

  • section 47S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate and senior officers in England and Wales);

  • section 127R (issuing of statutory guidance by the Lord Advocate in relation to the exercise of certain functions under Part 3 of the Act by appropriate and senior officers in Scotland);

  • section 190A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in Northern Ireland);

  • section 195S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland); and

  • section 195T(5) (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland).

Article 3 brings into force on 22nd November 2014 certain provisions of the 2009 Act, for the purpose of the making of subordinate legislation under the following powers in the 2002 Act:

  • section 47S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate officers in England and Wales);

  • section 195S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

  • section 195T (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

  • section 297A (making of regulations by the Secretary of State in relation to the giving of a forfeiture notice);

  • section 351 (amending rules of court in relation to making production orders for the purposes of a detained cash investigation under Part 8 of the 2002 Act).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Policing and Crime Act 2009 have been brought into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 115th March 20102010/125
Section 2 (partially)1st September 20102010/999? as amended by 2010/1986
Section 319th April 20102010/999
Section 419th April 20102010/999
Section 512th March 20102010/507
Section 625th January 20102009/3096
Section 725th January 20102009/3096
Section 825th January 20102009/3096
Section 925th January 20102009/3096
Section 1029th January 20102010/125
Section 1129th January 20102010/125
Section 1229th January 20102010/125
Section 1329th January 20102010/125
Section 141st April 20102010/507
Section 151st April 20102010/507
Section 161st April 20102010/507
Section 171st April 20102010/507
Section 181st April 20102010/507
Section 191st April 20102010/507
Section 201st April 20102010/507
Section 21 as to England and Wales1st April 20102010/507
Section 221st April 20102010/507
Section 231st April 20102010/507
Section 241st April 20102010/507
Section 251st April 20102010/507
Section 2625th January 20102009/3096
Section 27 (partially) as to England2nd March 20102010/507
Section 2829th January 20102010/125
Section 2929th January 20102010/125
Section 3029th January 20102010/125
Section 3129th January 20102010/125
Section 3229th January 20102010/125
Section 3329th January 20102010/125
Section 3431st January 20112010/2988
Section 3531st January 20112010/2988
Section 3631st January 20112010/2988
Section 3731st January 20112010/2988
Section 3831st January 20112010/2988
Section 3931st January 20112010/2988
Section 4031st January 20112010/2988
Section 4131st January 20112010/2988
Section 4231st January 20112010/2988
Section 4331st January 20112010/2988
Section 4431st January 20112010/2988
Section 4531st January 20112010/2988
Section 4631st January 20112010/2988
Section 4731st January 20112010/2988
Section 4831st January 20112010/2988
Section 4931st January 20112010/2988
Section 5031st January 20112010/2988
Section 5125th January 20102009/3096
Section 6125th January 20102009/3096
Section 6225th January 20102009/3096
Section 6425th January 20102009/3096
Section 6725th January 20102009/3096
Section 6825th January 20102009/3096
Section 6925th January 20102009/3096
Section 7025th January 20102009/3096
Section 7125th January 20102009/3096
Section 7225th January 20102009/3096
Section 7325th January 20102009/3096
Section 7425th January 20102009/3096
Section 7525th January 20102009/3096
Section 7625th January 20102009/3096
Section 7725th January 20102009/3096
Section 7825th January 20102009/3096
Section 79 as to England, Wales and Scotland29th January 20102010/125
Section 79 as to Northern Ireland1st April 20102010/507
Section 80 as to England, Wales and Scotland29th January 20102010/125
Section 80 as to Northern Ireland1st April 20102010/507
Section 8329th January 20102010/125
Section 84 (partially)29th January 20102010/125
Section 8830th November 20092009/3096
Section 9130th November 20092009/3096
Section 9610th September 20122012/2235
Section 9729th January 20102010/125
Section 9825th January 20102009/52
Section 9925th January 20102009/52
Section 10125th January 20102009/52
Section 1031st April 20102010/507
Section 1041st April 20102010/507
Section 1051st April 20102010/507
Section 1061st April 20102010/507
Section 1071st April 20102010/507
Section 108 (partially)2nd March 20102010/507
Section 108 (partially)1st April 20102010/507
Section 1096th November 20102010/1986
Section 11029th January 20102010/125
Section 112 (partially)25th January 20102009/3096
Section 112 (partially)25th January 20102009/52
Section 112 (partially)29th January 20102010/125
Section 112 (partially)12th March 20102010/507
Section 112 (partially)1st April 20102010/507
Section 112 (partially)19th April 20102010/999
Section 112 (partially) as to Wales8th May 20102010/999
Section 112 (partially)10th September 20122012/2235
Schedule 11st April 20102010/507
Schedule 2 as to England and Wales1st April 20102010/507
Schedule 3 (partially) as to England2nd March 20102010/507
Schedule 429th January 20102010/125
Schedule 531st January 20112010/2988
Schedule 6 as to England, Wales and Scotland29th January 20102010/125
Schedule 6 as to Northern Ireland1st April 20102010/507
Schedule 7 (partially)25th January 20102009/3096
Schedule 7 (partially)29th January 20102010/125
Schedule 7 (partially)12th March 20102010/507
Schedule 7 (partially)1st April 20102010/507
Schedule 7 (partially)10th September 20122012/2235
Schedule 8 (partially)25th January 20102009/2096
Schedule 8 (partially)25th January 20102009/52
Schedule 8 (partially)29th January 20102010/125
Schedule 8 (partially)1st April 20102010/507
Schedule 8 (partially)19th April 20102010/999
(1)

2009 c. 26, section 116 was amended by S.I.s 2010/976 and 2012/2595.

(3)

Section 57(5) was inserted by S.I. 2012/2595.

(4)

Section 57(2) was amended by S.I. 2012/2595.

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