2015 No. 983 (C. 64)
The Policing and Crime Act 2009 (Commencement No. 10, Transitional Provision and Savings) Order 2015
Made
The Secretary of State, in exercise of the powers conferred by section 116(1) and (7) of the Policing and Crime Act 20091, makes the following Order:
Citation, interpretation and extent1
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 10, Transitional Provision and Savings) Order 2015.
2
3
The following do not extend to Northern Ireland—
a
article 2(2)(a), in so far as it relates to section 66 of the 2009 Act;
b
article 2(2)(b) and (g);
c
article 3(1)(ff), in so far as it relates to paragraph 108 of Schedule 7 to the 2009 Act;
d
article 3(1)(gg); and
e
article 3(1)(hh), in so far as it relates to paragraph 110 of Schedule 7 to the 2009 Act.
Provisions coming into force on 1st June 20152
1
The provisions of the 2009 Act set out in paragraph (2), so far as not already in force, come into force on 1st June 2015 to the extent specified in that paragraph.
2
The provisions are—
a
sections 52, 53, 55, 56, 58, 59 and 66;
b
section 63 except in section 289(5)(c) of the 2002 Act (searches)4, as substituted by subsection (4), the words “or Northern Ireland” on the three occasions they appear;
c
section 65 except—
i
in section 297A(1) of the 2002 Act (forfeiture notice)5, as inserted by subsection (1), the words “or Northern Ireland”;
ii
in section 297E(2) of the 2002 Act (application to set aside forfeiture), as inserted by subsection (1), the words “or Northern Ireland”;
d
section 112 in so far as it relates to the provisions in paragraphs (e) to (g) of this article;
e
the paragraphs in Parts 6 to 8 of Schedule 7 mentioned in article 3, to the extent specified in that article;
f
Part 4 of Schedule 8 except in so far as it relates to—
i
sections 1946 and 235 of the 2002 Act;
ii
the Access to Justice (Northern Ireland) Order 20037; and
iii
section 78(3) and (4) of the Serious Crime Act 2007; and
g
Part 5 of Schedule 8.
Schedule 7 to the 2009 Act3
The paragraphs in Parts 6 to 8 of Schedule 7 are—
a
paragraph 46;
b
paragraph 47 except in section 7(1) of the Bankruptcy (Scotland) Act 1985 (meaning of apparent insolvency)8, in the definition of “relevant detention power” as inserted by sub-paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
c
paragraph 48 except in section 31A(1) of the Bankruptcy (Scotland) Act 1985 (property subject to restraint order)9—
i
in the words substituted by sub-paragraph (2)(a), the text “or 215A”;
ii
in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;
d
paragraphs 49 to 51;
e
paragraph 52 except in section 31C(2) of the Bankruptcy (Scotland) Act 1985 (property subject to certain orders where confiscation order discharged or quashed)10, as substituted by sub-paragraph (3), the text “or 190A”;
f
paragraph 53;
g
paragraph 54 except in section 306A(1) of the Insolvency Act 1986 (property subject to restraint order)11—
i
in the words substituted by sub-paragraph (2)(a), the text “or 215A”;
ii
in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;
h
paragraphs 55 to 57;
i
paragraph 58 except in section 306C(2) of the Insolvency Act 1986 (property subject to certain orders where confiscation order discharged or quashed)12, as substituted by sub-paragraph (3), the text “or 190A”;
j
paragraph 59;
k
paragraph 60 except in article 279A(1) of the Insolvency (Northern Ireland) Order 1989 (property subject to restraint order)13—
i
in the words substituted by sub-paragraph (2)(a), the text “or 215A”;
ii
in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;
l
paragraphs 61 to 63;
m
paragraph 64 except in article 279C(2) of the Insolvency (Northern Ireland) Order 1989 (property subject to certain orders where confiscation order discharged or quashed)14, as substituted by sub-paragraph (3), the text “or 190A”;
n
paragraphs 66 to 73 and 75 to 77;
o
paragraph 78 except in section 308(8A) of the 2002 Act (recoverable property: exceptions)15, as inserted, the text “, 193A, 195J, 195K, 195M or 195P”;
p
paragraph 79 except in section 417(2) of the 2002 Act (property excluded from estate of person adjudged bankrupt in England and Wales)16, as substituted—
i
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in paragraph (d), the text “or 215A”;
q
paragraph 80 except—
i
the word “and” at the end of sub-paragraph (2)(b);
ii
sub-paragraph (2)(c);
iii
in section 418(3)(f) of the 2002 Act (restriction of powers where person adjudged bankrupt in England and Wales)17, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;
r
paragraph 81 except in section 419(2) of the 2002 Act (tainted gifts by person adjudged bankrupt in England and Wales)18——
i
in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in the words inserted by sub-paragraph (2)(b), the text “or 215A”;
s
paragraph 82 except in section 420(2) of the 2002 Act (property excluded from the debtor’s estate where sequestration in Scotland)19, as substituted—
i
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in paragraph (d), the text “or 215A”;
t
paragraph 83 except—
i
the word “and” at the end of sub-paragraph (2)(b);
ii
sub-paragraph (2)(c);
iii
in section 421(3)(f) of the 2002 Act (restriction of powers where award of sequestration)20, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;
u
paragraph 84 except in section 422(2) of the 2002 Act (tainted gifts by person whose estate is sequestrated in Scotland)21—
i
in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in the words inserted by sub-paragraph (2)(b), the text “or 215A”;
v
paragraph 85 except in section 423(2) of the 2002 Act (property excluded from estate of person adjudged bankrupt in Northern Ireland)22, as substituted—
i
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in paragraph (d), the text “or 215A”;
w
paragraph 86 except—
i
the word “and” at the end of sub-paragraph (2)(b);
ii
sub-paragraph (2)(c);
iii
in section 424(3)(f) of the 2002 Act (restriction of powers where person adjudged bankrupt in Northern Ireland)23, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;
x
paragraph 87 except in section 425(2) of the 2002 Act (tainted gifts by person who is adjudged bankrupt in Northern Ireland)24—
i
in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in the words inserted by sub-paragraph (2)(b), the text “or 215A”;
y
paragraph 88 except—
i
in section 426(2) of the 2002 Act (winding up under the Insolvency Act 1986)25, as substituted by sub-paragraph (2)—
aa
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
bb
in paragraph (d), the text “or 215A”;
ii
the word “and” at the end of sub-paragraph (3)(b);
iii
sub-paragraph (3)(c);
z
paragraph 89 except in section 427(3) of the 2002 Act (tainted gifts by company: winding up in England and Wales or Scotland)26—
i
in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in the words inserted by sub-paragraph (2)(b), the text “or 215A”;
aa
paragraph 90 except—
i
in section 428(2) of the 2002 Act (winding up under the Insolvency (Northern Ireland) Order 1989)27, as substituted by sub-paragraph (2)—
aa
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
bb
in paragraph (d), the text “or 215A”;
ii
the word “and” at the end of sub-paragraph (3)(b);
iii
sub-paragraph (3)(c);
bb
paragraph 91 except in section 429(3) of the 2002 Act (tainted gifts by company: winding up in Northern Ireland)28—
i
in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in the words inserted by sub-paragraph (2)(b), the text “or 215A”;
cc
paragraph 92 except—
i
in section 430(2) of the 2002 Act (restriction of powers where company holds property subject to floating charge)29, as substituted by sub-paragraph (2)—
aa
in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;
bb
in paragraph (d), the text “or 215A”;
ii
the word “and” at the end of sub-paragraph (3)(b);
iii
sub-paragraph (3)(c);
dd
paragraph 93 except in section 432 of the 2002 Act (insolvency practitioners)—
i
in subsection (6A)(a), as inserted by sub-paragraph (2), the text “, 193A, 195J, 195K, 195M or 195P”;
ii
in so far as sub-paragraph (3) substitutes subsection (7)(c);
ee
paragraph 94 except in section 453A(5)(a) of the 2002 Act (offences in relation to financial investigators)30, as substituted, the text “or 195C to 195F”;
ff
paragraphs 99 to 108;
gg
paragraph 109 except in section 302(1) of the 2002 Act (compensation), as substituted by sub-paragraph (2), the words “or Northern Ireland”; and
hh
paragraphs 110 to 111 and 113 to 115.
Transitional provision and savings
4
1
Notwithstanding the commencement of section 55(3) of the 2009 Act, section 45 of the 2002 Act (seizure in England and Wales) continues to apply in relation to property which, at the time of commencement, is subject to the directions of a court made under subsection (2) of that section.
2
In relation to property to which paragraph (1) applies, section 41A of the 2002 Act (restraint orders: power to retain seized property etc in England and Wales) has effect as if “relevant seizure power” included section 45 of that Act.
3
Notwithstanding the commencement of section 56(3) of the 2009 Act, section 126 of the 2002 Act (seizure in Scotland) continues to apply in relation to property which, at the time of commencement, is subject to the directions of a court made under subsection (2) of that section.
4
In relation to property to which paragraph (3) applies, section 120A of the 2002 Act (restraint orders: power to retain seized property etc in Scotland) has effect as if “relevant seizure power” included section 126 of that Act.
5
1
Notwithstanding the commencement of section 66 of, and Part 5 of Schedule 8 to, the 2009 Act, this has no effect in relation to—
a
any application for an order under Part 8 of the 2002 Act relating to a detained cash investigation made before 1st June 2015;
b
any order made under Part 8 of the 2002 Act in relation to a detained cash investigation—
i
which is in existence on the coming into force of this Order; or
ii
as the result of an application mentioned in sub-paragraph (a);
c
any application made before 1st June 2015 for a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002 in relation to a detained cash investigation;
d
any search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 in relation to a detained cash investigation—
i
which is in existence on the coming into force of this Order; or
ii
as the result of an application mentioned in sub-paragraph (c);
e
any power of seizure under a search and seizure warrant mentioned in sub-paragraph (d); and
f
any proceedings arising in relation to—
i
an application mentioned in sub-paragraphs (a) or (c);
ii
an order mentioned in sub-paragraph (b);
iii
a search and seizure warrant mentioned in sub-paragraph (d); or
iv
a power of seizure mentioned in sub-paragraph (e).
2
The proceedings mentioned in paragraph (1)(f) are not to be regarded as concluded until there is no further possibility of any appeal in relation to those proceedings.
6
1
Notwithstanding the commencement of paragraph 114(a) of Schedule 7 to the 2009 Act, this has no effect in relation to—
a
an order made in relation to a detained cash investigation, or
b
a warrant issued in relation to a detained cash investigation,
under Part 8 of the 2002 Act by a judge of the High Court.
2
Notwithstanding the commencement of paragraph 115 of Schedule 7 to the 2009 Act, this has no effect in relation to a power of seizure conferred by a warrant issued in relation to a detained cash investigation under section 352(4) of the 2002 Act by a judge of the High Court.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
---|---|---|
Section 1 | 15th March 2010 | |
Section 2 (partially) | 1st September 2010 | |
Section 3 | 19th April 2010 | |
Section 4 | 19th April 2010 | |
Section 5 | 12th March 2010 | |
Section 6 | 25th January 2010 | |
Section 7 | 25th January 2010 | |
Section 8 | 25th January 2010 | |
Section 9 | 25th January 2010 | |
Section 10 | 29th January 2010 | |
Section 11 | 29th January 2010 | |
Section 12 | 29th January 2010 | |
Section 13 | 29th January 2010 | |
Section 14 | 1st April 2010 | |
Section 15 | 1st April 2010 | |
Section 16 | 1st April 2010 | |
Section 17 | 1st April 2010 | |
Section 18 | 1st April 2010 | |
Section 19 | 1st April 2010 | |
Section 20 | 1st April 2010 | |
Section 21 as to England and Wales | 1st April 2010 | |
Section 22 | 1st April 2010 | |
Section 23 | 1st April 2010 | |
Section 24 | 1st April 2010 | |
Section 25 | 1st April 2010 | |
Section 26 | 25th January 2010 | |
Section 27 (partially) as to England | 2nd March 2010 | |
Section 28 | 29th January 2010 | |
Section 29 | 29th January 2010 | |
Section 30 | 29th January 2010 | |
Section 31 | 29th January 2010 | |
Section 32 | 29th January 2010 | |
Section 33 | 29th January 2010 | |
Section 34 | 31st January 2011 | |
Section 35 | 31st January 2011 | |
Section 36 | 31st January 2011 | |
Section 37 | 31st January 2011 | |
Section 38 | 31st January 2011 | |
Section 39 | 31st January 2011 | |
Section 40 | 31st January 2011 | |
Section 41 | 31st January 2011 | |
Section 42 | 31st January 2011 | |
Section 43 | 31st January 2011 | |
Section 44 | 31st January 2011 | |
Section 45 | 31st January 2011 | |
Section 46 | 31st January 2011 | |
Section 47 | 31st January 2011 | |
Section 48 | 31st January 2011 | |
Section 49 | 31st January 2011 | |
Section 50 | 31st January 2011 | |
Section 55 (partially) | 22nd November 2014 | |
Section 56 (partially) | 22nd November 2014 | |
Section 57 (partially) | 22nd November 2014 | |
Section 51 | 25th January 2010 | |
Section 61 | 25th January 2010 | |
Section 62 | 25th January 2010 | |
Section 64 | 25th January 2010 | |
Section 65 (partially) | 22nd November 2014 | |
Section 66 (partially) | 22nd November 2014 | |
Section 67 | 25th January 2010 | |
Section 68 | 25th January 2010 | |
Section 69 | 25th January 2010 | |
Section 70 | 25th January 2010 | |
Section 71 | 25th January 2010 | |
Section 72 | 25th January 2010 | |
Section 73 | 25th January 2010 | |
Section 74 | 25th January 2010 | |
Section 75 | 25th January 2010 | |
Section 76 | 25th January 2010 | |
Section 77 | 25th January 2010 | |
Section 78 | 25th January 2010 | |
Section 79 as to England, Wales and Scotland | 29th January 2010 | |
Section 79 as to Northern Ireland | 1st April 2010 | |
Section 80 as to England, Wales and Scotland | 29th January 2010 | |
Section 80 as to Northern Ireland | 1st April 2010 | |
Section 83 | 29th January 2010 | |
Section 84 (partially) | 29th January 2010 | |
Section 88 | 30th November 2009 | |
Section 91 | 30th November 2009 | |
Section 96 | 10th September 2012 | |
Section 97 | 29th January 2010 | |
Section 98 | 25th January 2010 | |
Section 99 | 25th January 2010 | |
Section 101 | 25th January 2010 | |
Section 103 | 1st April 2010 | |
Section 104 | 1st April 2010 | |
Section 105 | 1st April 2010 | |
Section 106 | 1st April 2010 | |
Section 107 | 1st April 2010 | |
Section 108 (partially) | 2nd March 2010 | |
Section 108 (partially) | 1st April 2010 | |
Section 109 | 6th November 2010 | |
Section 110 | 29th January 2010 | |
Section 112 (partially) | 25th January 2010 | |
Section 112 (partially) | 25th January 2010 | |
Section 112 (partially) | 29th January 2010 | |
Section 112 (partially) | 12th March 2010 | |
Section 112 (partially) | 1st April 2010 | |
Section 112 (partially) | 19th April 2010 | |
Section 112 (partially) as to Wales | 8th May 2010 | |
Section 112 (partially) | 10th September 2012 | |
Section 112 (partially) | 22nd November 2014 | |
Schedule 1 | 1st April 2010 | |
Schedule 2 as to England and Wales | 1st April 2010 | |
Schedule 3 (partially) as to England | 2nd March 2010 | |
Schedule 4 | 29th January 2010 | |
Schedule 5 | 31st January 2011 | |
Schedule 6 as to England, Wales and Scotland | 29th January 2010 | |
Schedule 6 as to Northern Ireland | 1st April 2010 | |
Schedule 7 (partially) | 25th January 2010 | |
Schedule 7 (partially) | 29th January 2010 | |
Schedule 7 (partially) | 12th March 2010 | |
Schedule 7 (partially) | 1st April 2010 | |
Schedule 7 (partially) | 10th September 2012 | |
Schedule 7 (partially) | 22nd November 2014 | |
Schedule 8 (partially) | 25th January 2010 | |
Schedule 8 (partially) | 25th January 2010 | |
Schedule 8 (partially) | 29th January 2010 | |
Schedule 8 (partially) | 1st April 2010 | |
Schedule 8 (partially) | 19th April 2010 | |
Schedule 8 (partially) | 22nd November 2014 | |