The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 16th April 2018 a revised code of practice made under section 292 of the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”) in connection with the exercise of the powers conferred by virtue of section 289 of the 2002 Act.

Section 289 of the 2002 Act permits officers of Revenue and Customs, constables, and accredited financial investigators to search persons, vehicles and premises for cash which is derived from, or intended for use in, unlawful conduct. These powers also apply to SFO officers, but these powers have not been commenced in Northern Ireland.

By virtue of section 24 of the UK Borders Act 2007 (c. 30), Chapter 3 of Part 5 of the 2002 Act (which includes both sections 289 and 292) applies to an immigration officer as it applies in relation to a constable subject to modifications made by that section. Immigration officers may exercise the powers in England and Wales, Scotland and Northern Ireland.

This Order revokes a previous order made under section 292 of the 2002 Act.

While this code of practice applies across the UK, distinctions are made in the code to recognise differences in the regime in Scotland and Northern Ireland, and in particular the fact that some statutory provisions amended by the Criminal Finances Act 2017 (c. 22) have not yet been commenced in Northern Ireland.

An impact assessment has not been produced for this instrument as it has no direct impact on business, charities or voluntary bodies. The code of practice provides guidance on the use of powers under POCA by bodies in the public sector, and incorporates existing best practice, but does not require any greater use of those powers which could result in an additional impact.