The Proceeds of Crime Act 2002 (Search, Recovery of Cryptoassets and Investigations: Codes of Practice) Order (Northern Ireland) 2024

Statutory Rules of Northern Ireland

2024 No. 139

Proceeds Of Crime

The Proceeds of Crime Act 2002 (Search, Recovery of Cryptoassets and Investigations: Codes of Practice) Order (Northern Ireland) 2024

Made

25th June 2024

Coming into operation

17th July 2024

The Department of Justice makes the following Order in exercise of the powers conferred by section 195T(5); section 303I(4) (as applied by section 303Z25(1)); and section 377ZA(4) of the Proceeds of Crime Act 2002(1) (“the Act”).

The Department of Justice has—

(a) under section 195T(7) of the Act, revised the code of practice prepared under section 195T(1) of the Act (in connection with powers under the Act relating to the search, seizure and detention of property) and, in accordance with section 195T(3) of the Act, published a draft of the revised code of practice, considered any representations made about the draft, modified the draft as the Department thought appropriate in light of any such representations and, under section 195T(4) of the Act, laid a draft of the revised code of practice before the Assembly;

(b) under section 303I(1) of the Act, as applied by section 303Z25(1) of the Act, prepared a code of practice (in connection with powers under the Act relating to the recovery of cryptoassets: search powers) and, in accordance with section 303I(2) of the Act, as so applied, published a draft of the code of practice, considered any representations made about the draft, modified the draft as the Department thought appropriate in light of any such representations and, under section 303I(3) of the Act, laid a draft code of practice before the Assembly; and

(c) under section 377ZA(9) of the Act, revised the code of practice prepared under section 377ZA(1) of the Act (in connection with powers under the Act relating to investigations) and, in accordance with section 377ZA(2) of the Act, published a draft of the revised code of practice, considered any representations made about the draft, modified the draft as the Department thought appropriate in light of any such representations and, under section 377ZA(3) of the Act, laid a draft of the revised code of practice before the Assembly.

In accordance with section 459(7B)(2) of the Act, a draft of this order was laid before and approved by a resolution of the Assembly.

Accordingly, the Department of Justice, in exercise of the powers conferred by section 459(2) of the Act, makes the following Order.

(1)

2002 c.29. Section 195T was inserted by Section 57(2) of the Police and Crime Act 2009 (c.26), as amended by Article 18(1) and (2)(m) and (n) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595). Section 303I was inserted by section 15 of the Criminal Finances Act 2017 and section 303Z25 was inserted by paragraph 1 of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023 (c.56). Section 377ZA was inserted by Article 12 of, and paragraphs 47 and 68 of Schedule 14 to, the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976).

(2)

Section 459(7B) was inserted by paragraph 74(1) and (4) of Schedule 14 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976).