(This note is not part of the Order)
This Order is made in exercise of the powers conferred by section 410 of the Proceeds of Crime Act 2002 (“the Act”).
The Order brings into operation a revised version of the code of practice which is required by section 410(1) of the Act for the exercise of investigatory powers under Chapter 3 of Part 8 of the Act by proper persons,(as defined in section 412).
The revised code of practice replaces the code of practice entitled “Investigative Orders Under the Proceeds of Crime Act 2002: Code of Practice Issued Under Section 410 of the Proceeds of Crime Act” which was brought into operation on 18 June 2009 (“the 2009 code”).
Article 3 of the Order revokes The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009 (S.S.I. 2009/245), which brought the 2009 code into operation.
Chapter 3 of Part 8 of the Act gives powers to a proper person to execute certain investigative orders in order to recover materials and information sought in connection with various investigations as set out in section 341 of the Act. The investigative orders are:
Production orders (section 380),
Orders to grant entry (section 382),
Search warrants (section 387),
Customer information orders (section 397), and
Account monitoring orders (section 404).