The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018

Statutory Instruments

2018 No. 82

Proceeds Of Crime, England And Wales

The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) Order 2018

Made

20th January 2018

Coming into force

31st January 2018

The Secretary of State makes this Order in exercise of the powers conferred by section 47S(4) and (5) of the Proceeds of Crime Act 2002(1) (“the Act”).

The Secretary of State has—

(a) under section 47S(5) of the Act, revised the code of practice made under section 47S(1) of the Act(2);

(b) in accordance with section 47S(2) of the Act, published a draft of the revised code of practice, considered any representations made about the draft and modified the draft, as thought appropriate, in the light of such representations;

(c) in accordance with section 47S(2A) of the Act, consulted with the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office, and

(d) in accordance with section 47S(3) of the Act, laid a draft of the revised code of practice before Parliament.

In accordance with section 459(6)(a) of the Act(3), a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

(1)

2002 c. 29. Section 47S was inserted by section 55(1) and (2) of the Policing and Crime Act 2009 (c. 26). Section 47S(2A) was inserted by paragraphs 1 and 6 of Schedule 1 to the Criminal Finances Act 2017 (c. 22).

(2)

The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to England and Wales on 1st March 2016 by S.I. 2016/207.

(3)

Amended by paragraph 95 of Schedule 7 to the Policing and Crime Act 2009.