- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales) Order 2015 No. 612
Draft Order laid before Parliament under section 459(6)(aa) of the Proceeds of Crime Act 2002, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Proceeds Of Crime, England And Wales
Made
***
Coming into force
1st June 2015
This Order is made in exercise of the powers conferred by sections 377A(5) and (9) and 459(2) of the Proceeds of Crime Act 2002(1) (“the Act”).
The Attorney General has:
(1) in accordance with section 377A(9) of the Act, revised the code of practice in relation to England and Wales in connection with the exercise by—
(a)the Director of Public Prosecutions and the Director of the Serious Fraud Office of functions they have under Chapter 2 of Part 8 of the Act; and
(b)any other person, who is the relevant authority by virtue of section 357(9)(2) of the Act in relation to a confiscation investigation, of functions the person has under Chapter 2 of Part 8 of the Act in relation to England and Wales as the relevant authority (“the revised code of practice”);
(2) in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered any representations made to him about the draft and amended the draft accordingly; and
(3) in accordance with section 377A(4) of the Act, laid a draft of the revised code of practice before Parliament.
In accordance with section 459(6)(aa)(3) of the Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Accordingly, the Attorney General makes the following Order:
2002 c. 29, section 377A is inserted by paragraph 115 of Schedule 8 to the Serious Crime Act 2007 (c. 27) and amended by S.I. 2014/834.
Subsection (9) of section 357 was inserted by paragraph 108(7) of Schedule 8 to the Serious Crime Act 2007.
Subsection (6)(aa) of section 459was inserted by paragraph 119(4) of Schedule 8 to the Serious Crime Act 2007.
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