Schedule 10 contains provisions about tax.
Commencement Information
I1S. 448 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)This section applies to a [F2National Crime Agency officer] if—
(a)he is [F3assigned] [F4to do anything on behalf of the National Crime Agency] for the purposes of this Act, and
(b)it is necessary or expedient for the purpose of doing the thing for the [F5National Crime Agency officer] to identify himself by name.
(2)[F6An authorised person] may direct that such a [F7National Crime Agency officer] may for that purpose identify himself by means of a pseudonym.
(3)For the purposes of any proceedings or application under this Act a certificate signed by [F8an authorised person] which sufficiently identifies the [F9National Crime Agency officer] by reference to the pseudonym is conclusive evidence that that [F9National Crime Agency officer] is authorised to use the pseudonym.
(4)In any proceedings or application under this Act a [F9National Crime Agency officer] in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(6)In this section “authorised person” means [F12an NCA officer] authorised by [F13the Director General of the NCA] for the purposes of this section.]
Textual Amendments
F1Words in s. 449 title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(2); S.I. 2013/1682, art. 3(v)
F2Words in s. 449(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(3)(a); S.I. 2013/1682, art. 3(v)
F3Words in s. 449(1) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 140(3)(b); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F4Words in s. 449(1)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(3)(b); S.I. 2013/1682, art. 3(v)
F5Words in s. 449(1)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(3)(c); S.I. 2013/1682, art. 3(v)
F6Words in s. 449(2) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 140(4)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F7Words in s. 449(2) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(4); S.I. 2013/1682, art. 3(v)
F8Words in s. 449(3) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 140(5)(a); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F9Words in s. 449(3)(4) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(5); S.I. 2013/1682, art. 3(v)
F10S. 449(5) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 140(7), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
F11S. 449(6) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 140(8); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F12Words in s. 449(6) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(6)(a); S.I. 2013/1682, art. 3(v)
F13Words in s. 449(6) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(6)(b); S.I. 2013/1682, art. 3(v)
Commencement Information
I2S. 449 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)This section applies to a member of the staff of the relevant Director if—
(a)the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and
(b)it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name.
(2)The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym.
(3)For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym.
(4)In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.
(5)The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf.
(6)In this section “relevant Director” has the meaning given by section 352(5A).]
Textual Amendments
F14S. 449A inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 118; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
(1)This section applies to—
(a)any person named by the Scottish Ministers for the purpose of a civil recovery investigation [F15[F16or a detained cash investigation ]] [F15, a detained cash investigation, a detained property investigation or a frozen funds investigation] under Part 8, or
(b)any person authorised by the Scottish Ministers for the purpose of such a civil recovery investigation to receive relevant information under section 391,
if it is necessary or expedient for the person to identify himself by name for that purpose.
(2)The Scottish Ministers may direct that such a person may for that purpose identify himself by means of a pseudonym.
(3)For the purposes of any proceedings or application under this Act, a certificate signed by the Scottish Ministers which sufficiently identifies the person by reference to the pseudonym is conclusive evidence that the person is authorised to use the pseudonym.
(4)In any proceedings or application under this Act a person in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.
Textual Amendments
F15Words in s. 450(1)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 85; S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F16Words in s. 450(1)(a) inserted (6.4.2008 in so far as it does not extend to S., 18.6.2009 for S.) by Serious Crime Act 2007 (c. 27), s. 94(1)(3), Sch. 10 para. 25; S.I. 2008/755, art. 17(1)(d)(iii); S.S.I. 2009/224, art. 2(1)(d)(iii)
Commencement Information
I3S. 450 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)Proceedings for a specified offence may be started [F18by [F19the Director of Public Prosecutions] or by order of the Commissioners for Her Majesty’s Revenue and Customs] (the Commissioners).
[F20(2)Where proceedings under subsection (1) are instituted by the Commissioners, the proceedings must be brought in the name of an officer of Revenue and Customs.]
F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If the Commissioners investigate, or propose to investigate, any matter to help them to decide—
(a)whether there are grounds for believing that a specified offence has been committed, or
(b)whether a person is to be prosecuted for such an offence,
the matter must be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).
(5)This section—
(a)does not prevent any person (including a [F22officer of Revenue and Customs]) who has power to arrest, detain or prosecute a person for a specified offence from doing so;
(b)does not prevent a court from dealing with a person brought before it following his arrest by a [F22officer of Revenue and Customs] for a specified offence, even if the proceedings were not started by an order under subsection (1).
(6)The following are specified offences—
(a)an offence under Part 7;
(b)an offence under section 342;
(c)an attempt, conspiracy or incitement to commit an offence specified in paragraph (a) or (b);
(d)aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a) or (b).
(7)This section does not apply to proceedings on indictment in Scotland.
Textual Amendments
F17S. 451 heading substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 99(e); S.I. 2005/1126, art. 2(2)(h)
F18Words in s. 451(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 99(a); S.I. 2005/1126, art. 2(2)(h)
F19Words in s. 451(1) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 34
F20S. 451(2) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 99(b); S.I. 2005/1126, art. 2(2)(h)
F21S. 451(3) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 99(c), Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)
F22Words in s. 451(5) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 99(d); S.I. 2005/1126, art. 2(2)(h)
Modifications etc. (not altering text)
C1S. 451(6)(c) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 44(d) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
Commencement Information
I4S. 451 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)The Secretary of State may by regulations provide that any of the following provisions apply to persons in the public service of the Crown.
(2)The provisions are—
(a)the provisions of Part 7;
(b)section 342.
[F23(3)In relation to Northern Ireland, the power to make regulations under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) in relation to persons in the public service of the Crown in right of Her Majesty’s Government in Northern Ireland.]
Textual Amendments
F23S. 452(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 72 (with arts. 28-31)
Commencement Information
I5S. 452 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)The Secretary of State may by order provide that a specified reference in this Act to an accredited financial investigator is a reference to such an investigator who falls within a specified description.
[F24(1A)The Welsh Ministers may by order provide that a specified reference in this Act to an accredited financial investigator includes a reference to a person exercising a function of the Welsh Revenue Authority who falls within a specified description.]
(2)A description may [F25, in particular, ] be framed by reference to a grade designated by a specified person [F26or by reference to particular types of training undertaken].
Textual Amendments
F24S. 453(1A) inserted (25.1.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6), ss. 186(1)(4), 194(2); S.I. 2018/33, art. 2(j)
F25Words in s. 453(2) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 81(1)(a), 94(1); S.I. 2008/755, art. 17(1)(g)
F26Words in s. 453(2) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 81(1)(b), 94(1); S.I. 2008/755, art. 17(1)(g)
Commencement Information
I6S. 453 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
(1)A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power.
(2)A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power.
(3)A person guilty of an offence under subsection (1) is liable on summary conviction—
(a)to imprisonment for a term not exceeding 51 weeks; or
(b)to a fine not exceeding level 5 on the standard scale;
or to both.
(4)A person guilty of an offence under subsection (2) is liable on summary conviction—
(a)to imprisonment for a term not exceeding 51 weeks; or
(b)to a fine not exceeding level 3 on the standard scale;
or to both.
(5)In this section “relevant power” means a power exercisable under—
[F28(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);]
(b)section 289 (powers to search for cash);
(c)section 294 (powers to seize cash);
(d)section 295(1) (power to detain seized cash);
[F29(da)section 303C (powers to search for a listed asset);
(db)section 303J (powers to seize property);
(dc)section 303K (powers to detain seized property);] or
(e)a search and seizure warrant issued under section 352.
(6)In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland—
(a)the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and
(b)the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.]
Textual Amendments
F27S. 453A inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 81(2), 94(1); S.I. 2008/755, art. 17(1)(g)
F28S. 453A(5)(a) substituted (1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 94; S.I. 2015/983, arts. 2(2)(e), 3(ee); S.I. 2016/147, art. 3(i)
F29S. 453A(5)(da)-(dc) inserted (27.4.2017 for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 86; S.I. 2018/78, reg. 5(2)
(1)A person commits an offence if the person assaults an SFO officer who is acting in the exercise of a relevant power.
(2)A person commits an offence if the person resists or wilfully obstructs an SFO officer who is acting in the exercise of a relevant power.
(3)A person guilty of an offence under subsection (1) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;
(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
(4)A person guilty of an offence under subsection (2) is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;
(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.
(5)In this section “relevant power” means a power exercisable under any of the following—
(a)sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);
(b)section 289 (powers to search for cash);
(c)section 294 (power to seize cash);
(d)section 295(1) (power to detain seized cash);
(e)section 303C (powers to search for a listed asset);
(f)section 303J (powers to seize property);
(g)section 303K (powers to detain seized property);
(h)a search and seizure warrant issued under section 352.
(6)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—
(a)the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;
(b)the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.]
Textual Amendments
F30S. 453B inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 23, 58(1)(6); S.I. 2018/78, reg. 3(h)
(1)A person commits an offence if the person resists or wilfully obstructs an immigration officer who is acting in the exercise of a relevant power.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 3 on the standard scale, or to both;
(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding level 3 on the standard scale, or to both;
(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, to a fine not exceeding level 3 on the standard scale, or to both.
(3)In this section “relevant power” means a power exercisable under—
(a)sections 47C to 47F, 127C to 127F or 195C to 195F (powers to seize and search for realisable property);
(b)section 289 as applied by section 24 of the UK Borders Act 2007 (powers to search for cash);
(c)section 294 as so applied (powers to seize cash);
(d)section 295(1) as so applied (power to detain seized cash);
(e)section 303C as so applied (powers to search for a listed asset);
(f)section 303J as so applied (powers to seize property);
(g)section 303K as so applied (powers to detain seized property);
(h)a search and seizure warrant issued under section 352; or
(i)a search and seizure warrant issued under section 387.
(4)The power conferred by subsection (5) of section 28A of the Immigration Act 1971 (arrest without warrant) applies in relation to an offence under this section as it applies in relation to an offence under section 26(1)(g) of that Act (and subsections (6) to (9), (10) and (11) of section 28A of that Act apply accordingly).
(5)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 1 month.]
Textual Amendments
F31S. 453C inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 25, 58(1)(6); S.I. 2018/78, reg. 3(j)
For the purposes of this Act a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).
For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.]
Textual Amendments
F32S. 454A inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 1 para. 26; S.I. 2018/78, reg. 3(aa)
In this Act (except in section 460(1)) a reference to an enactment includes a reference to—
(a)an Act of the Scottish Parliament;
(b)Northern Ireland legislation.
Schedule 11 contains miscellaneous and consequential amendments.
Commencement Information
I7 S. 456 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.
I8S. 456 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I9S. 456 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.
I10S. 456 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.
Schedule 12 contains repeals and revocations.
Commencement Information
I11 S. 457 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.
I12S. 457 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I13S. 457 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.
I14S. 457 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.
(1)The preceding provisions of this Act (except the provisions specified in subsection (3) [F33or (4)] ) come into force in accordance with provision made by the Secretary of State by order.
(2)But no order may be made [F34by the Secretary of State] which includes provision for the commencement of Part 5, 8 or 10 unless the Secretary of State has consulted the Scottish Ministers.
(3)The following provisions come into force in accordance with provision made by the Scottish Ministers by order after consultation with the Secretary of State—
(a)Part 3;
(b)this Part, to the extent that it relates to Part 3.
[F35(4)Any provision of this Act which provides for the repeal of any provision of the Proceeds of Crime (Northern Ireland) Order 1996 comes into force in accordance with provision made by the Department of Justice in Northern Ireland by order.]
Subordinate Legislation Made
P1S. 458(1) power partly exercised: 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3015}, art. 2; 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3145}, art. 2; 13.1.2003 appointed for specified provisions by {S.I. 2002/3055}, art. 2
Textual Amendments
F33Words in s. 458(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 73(a) (with arts. 28-31)
F34Words in s. 458(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 73(b) (with arts. 28-31)
F35S. 458(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 73(c) (with arts. 28-31)
(1)References in this section to subordinate legislation are to—
(a)any Order in Council under this Act;
(b)any order under this Act (other than one falling to be made by a court);
(c)any regulations under this Act.
(2)Subordinate legislation—
(a)may make different provision for different purposes;
(b)may include supplementary, incidental, saving or transitional provisions.
(3)Any power to make subordinate legislation is exercisable by statutory instrument [F36([F37other than—
(a)the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and
(b)any power of the Department of Justice in Northern Ireland to make subordinate legislation,
which are] exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))].
[F38(3A)Subsection (3) does not apply to the power of the Scottish Ministers to make an order under section 118(2B) [F39or regulations under section 131ZA(7)] .]
(4)A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—
(a)an order under section [F40 35(2C),] [F4141(5A),] [F4241A(5), 47S(4),] [F4367(7A), ] 75(7) or (8), [F44190A(5), 195S(4),] F45... 282, 292(4), [F46302(7B),] 309,[F47339A(7),] 364(4), 377(4) [F48, 377A(5) ], 436(6), 438(9) or 458;
[F49(aa)an order made by the Welsh Ministers under section 453(1A);]
[F50(aza)regulations under section 303B(2), 303G(5), 303W(10), 303Y(2), 303Z8(2) or 303Z18(10);]
(b)subordinate legislation made by the Scottish Ministers;
(c)an Order in Council made under section 443 which makes provision only in relation to Scotland.
[F51(4A)A statutory instrument containing an order under section 453(1A) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]
(5)A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—
(a)subordinate legislation made by the Scottish Ministers other than [F52regulations under section 131ZA(7) or] an order under section [F53118(2B),] 142(6) or (7), 293(4), [F54303H(4),] 398(4), 410(4), 439(6), 441(9) or 458;
(b)an Order in Council made under section 443 which makes provision only in relation to Scotland.
(6)No order may be made—
(a)by the Secretary of State under section [F55 35(2C), ] [F5641(5A),] [F5741A(5), 47S(4),] [F58 67(7A), ] 75(7) or (8), [F59190A(5), 195S(4),] F60... 282, 292(4), [F61302(7B),] 309,[F62339A(7),] 364(4), 377(4), 436(6) or 438(9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
[F63(aa)by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;]
(b)by the Scottish Ministers under section [F64118(2B),] 142(6) or (7), 293(4), [F65303H(4),] 398(4), 410(4), 439(6) or 441(9) unless a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.
[F66(6ZA)No regulations may be made by the Scottish Ministers under section 131ZA(7) unless a draft of the regulations has been laid before and approved by a resolution of the Scottish Parliament.
(6ZB)No regulations may be made by the Secretary of State under section 303B(2), 303G(5), 303W(10), 303Y(2), 303Z8(2) or 303Z18(10) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.]
[F67(6A)If a draft of an order under section 302(7B) [F68or of regulations under section 303W(10) or 303Z18(10)] would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument.]
(7)The Scottish Ministers must lay before the Scottish Parliament a copy of every statutory instrument containing an Order in Council made under section 444 or 445.
[F69(7A)Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) other than an order under section [F70 185(2B),] [F71195T(5),] [F72 215(7A), ] 223(7) or (8), 282, 293A(4), 302(7B), [F73303I(4),] 377ZA(4), 436(6) or 458 [F74or regulations under section 303W(10) or 303Z18(10)] .
(7B)No order shall be made by the Department of Justice under section [F75 185(2B), ] [F76195T(5),] [F77 215(7A), ] 223(7) or (8), 282, 293A(4), 302(7B), [F78303I(4),] 377ZA(4) or 436(6) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
[F79(7BA)No regulations may be made by the Department of Justice under section 303W(10) or 303Z18(10) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.]
(7C)The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445.
(7D)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (7B) [F80, (7BA)] and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.]
[F81(8)In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.]
Textual Amendments
F36Words in s. 459(3) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 119(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F37Words in s. 459(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 74(2) (with arts. 28-31)
F38S. 459(3A) inserted (S.) (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(2)(a), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3)
F39Words in s. 459(3A) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F40Word in s. 459(4)(a) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 57(2)(a); S.I. 2015/820, reg. 3(q)(v)
F41Word in s. 459(4)(a) inserted (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 46(7)(a), 61(2); S.I. 2015/813, art. 2(a)(iii)
F42Words in s. 459(4)(a) inserted (22.11.2014) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 95(2)(a); S.I. 2014/3101, art. 2(e)
F43Word in s. 459(4)(a) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 57(2)(b); S.I. 2015/820, reg. 3(q)(v)
F44Words in s. 459(4)(a) inserted (22.11.2014) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 95(2)(b); S.I. 2014/3101, art. 2(e)
F45Words in s. 459(4)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 74(3) (with arts. 28-31)
F46Word in s. 459(4)(a) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 15(2); S.I. 2008/755, art. 17(1)(f)
F47Word in s. 459(4)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 103(7), 178(8); S.I. 2005/1521, art. 3(1)(c)
F48Word in s. 459(4)(a) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 119(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F49S. 459(4)(aa) inserted (25.1.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6), ss. 186(5)(a), 194(2); S.I. 2018/33, art. 2(j)
F50S. 459(4)(aza) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(3); S.I. 2017/991, reg. 2(v); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F51S. 459(4A) inserted (25.1.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6), ss. 186(5)(b), 194(2); S.I. 2018/33, art. 2(j)
F52Words in s. 459(5)(a) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(4)(a); S.I. 2017/991, reg. 2(v); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F53Word in s. 459(5)(a) inserted (S.) (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(2)(b), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3)
F54Word in s. 459(5)(a) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(4)(b); S.I. 2017/991, reg. 2(v); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F55Word in s. 459(6)(a) inserted (E.W.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(2), 88(1); S.I. 2015/820, reg. 3(g)
F56Word in s. 459(6)(a) inserted (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 46(7)(b), 61(2); S.I. 2015/813, art. 2(a)(iii)
F57Words in s. 459(6)(a) inserted (22.11.2014) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 95(3)(a); S.I. 2014/3101, art. 2(e)
F58Word in s. 459(6)(a) inserted (E.W.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 14(5), 88(1); S.I. 2015/820, reg. 3(j)
F59Words in s. 459(6)(a) inserted (22.11.2014) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 7 para. 95(3)(b); S.I. 2014/3101, art. 2(e)
F60Words in s. 459(6)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 74(3) (with arts. 28-31)
F61Word in s. 459(6)(a) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 15(3); S.I. 2008/755, art. 17(1)(f)
F62Word in s. 459(6)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 103(7), 178(8); S.I. 2005/1521, art. 3(1)(c)
F63S. 459(6)(aa) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 119(4); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F64Word in s. 459(6)(b) inserted (S.) (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(2)(c), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3)
F65Word in s. 459(6)(b) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(5); S.I. 2017/991, reg. 2(v); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F66S. 459(6ZA)(6ZB) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(6); S.I. 2017/991, reg. 2(v); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F67S. 459(6A) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 11 para. 15(4); S.I. 2008/755, art. 17(1)(f)
F68Words in s. 459(6A) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(7); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F69S. 459(7A)-(7D) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 74(4) (with arts. 28-31)
F70Word in s. 459(7A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 57(3)(a); S.I. 2015/820, reg. 3(q)(v)
F71Word in s. 459(7A) inserted by 2009 c. 26, s. 57(5)(a) (as inserted (22.11.2014) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 18(2)(n) (with arts. 24-28)); S.I. 2014/3101, art. 2(b)
F72Word in s. 459(7A) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 57(3)(b); S.I. 2015/820, reg. 3(q)(v)
F73Word in s. 459(7A) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(8)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F74Words in s. 459(7A) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(8)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F75Word in s. 459(7B) inserted (N.I.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 32(2), 88(3)(a); S.R. 2015/190, reg. 3(1)(f)
F76Word in s. 459(7B) inserted by 2009 c. 26, s. 57(5)(b) (as inserted (22.11.2014) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 18(2)(n) (with arts. 24-28)); S.I. 2014/3101, art. 2(b)
F77Word in s. 459(7B) inserted (N.I.) (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 36(5), 88(3)(a); S.R. 2015/190, reg. 3(1)(j)
F78Word in s. 459(7B) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(9); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F79S. 459(7BA) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(10); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F80Word in s. 459(7D) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 87(11); S.I. 2018/78, reg. 5(3)(a)(i)(ii)
F81S. 459(8) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 119(5); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
(1)The following are to be paid out of money provided by Parliament—
(a)any expenditure incurred by any Minister of the Crown under this Act;
(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2)Any sums received by the Secretary of State in consequence of this Act are to be paid into the Consolidated Fund.
[F82(3)Subject to anything in this Act—
(a)any sums received by the Director of Public Prosecutions F83... or the Director of the Serious Fraud Office in consequence of this Act are to be paid into the Consolidated Fund; [F84and]
(b)any sums received by the Director of Public Prosecutions for Northern Ireland in consequence of this Act are to be paid to the [F85Department of Justice in Northern Ireland][F86, and
(c)any sums received by the Financial Conduct Authority in consequence of this Act are to be paid into the Consolidated Fund.]]
Textual Amendments
F82S. 460(3) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 141; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F83Words in s. 460(3)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 35
F84Word in s. 460(3)(a) omitted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 88(a); S.I. 2018/78, reg. 5(1)(e)
F85Words in s. 460(3)(b) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 75 (with arts. 28-31)
F86S. 460(3)(c) and word inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 88(b); S.I. 2018/78, reg. 5(1)(e)
(1)Part 2 extends to England and Wales only.
(2)In Part 8, Chapter 2 extends to England and Wales and Northern Ireland only.
(3)These provisions extend to Scotland only—
(a)Part 3;
(b)in Part 8, Chapter 3.
(4)Part 4 extends to Northern Ireland only.
(5)The amendments in Schedule 11 have the same extent as the provisions amended.
(6)The repeals and revocations in Schedule 12 have the same extent as the provisions repealed or revoked.
This Act may be cited as the Proceeds of Crime Act 2002.