The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) (Amendment) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133) (“the 2002 Order”) to provide for “compliance orders”, “detention orders” and “realisation of property orders” made in one part of the United Kingdom to be enforced in another part. This Order amends the 2002 Order to insert definitions of these terms in relation to each part of the United Kingdom.

A compliance order is an order made by the court for the purposes of ensuring a confiscation order is paid. See section 13A of the Proceeds of Crime Act 2002 (c. 29) (“the Act”) for a compliance order relating to England and Wales, section 163A for Northern Ireland and section 97B for Scotland.

A detention order is an order to detain property that has been seized so it is available for realisation to ensure a confiscation order is paid. See section 47M of the Act for a detention order relating to England and Wales, section 195M for Northern Ireland and section 127M for Scotland.

A realisation of property order is an order by the court authorising the proceeds of realisation of detained property to be paid towards a confiscation order. See section 67A of the Act for a realisation of property order relating to England and Wales, section 215A for Northern Ireland and section 131A for Scotland.

Part 3 of this Order provides for enforcement in England and Wales of a compliance order, detention order or realisation of property order made by a court in Northern Ireland or Scotland.

Part 4 provides for enforcement in Scotland of orders made in England and Wales or Northern Ireland.

Part 5 provides for enforcement in Northern Ireland of orders made in England and Wales or Scotland.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.