Schedule 11 contains miscellaneous and consequential amendments.
Commencement Information
I1 S. 456 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.
I2S. 456 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I3S. 456 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.
I4S. 456 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.
Schedule 12 contains repeals and revocations.
Commencement Information
I5 S. 457 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.
I6S. 457 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
I7S. 457 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.
I8S. 457 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.
(1)The preceding provisions of this Act (except the provisions specified in subsection (3)) come into force in accordance with provision made by the Secretary of State by order.
(2)But no order may be made which includes provision for the commencement of Part 5, 8 or 10 unless the Secretary of State has consulted the Scottish Ministers.
(3)The following provisions come into force in accordance with provision made by the Scottish Ministers by order after consultation with the Secretary of State—
(a)Part 3;
(b)this Part, to the extent that it relates to Part 3.
Subordinate Legislation Made
P1S. 458(1) power partly exercised: 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3015}, art. 2; 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3145}, art. 2; 13.1.2003 appointed for specified provisions by {S.I. 2002/3055}, art. 2
(1)References in this section to subordinate legislation are to—
(a)any Order in Council under this Act;
(b)any order under this Act (other than one falling to be made by a court);
(c)any regulations under this Act.
(2)Subordinate legislation—
(a)may make different provision for different purposes;
(b)may include supplementary, incidental, saving or transitional provisions.
(3)Any power to make subordinate legislation is exercisable by statutory instrument.
(4)A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—
(a)an order under section 75(7) or (8), 223(7) or (8), 282, 292(4), 309, [F1339A(7),] 364(4), 377(4), 436(6), 438(9) or 458;
(b)subordinate legislation made by the Scottish Ministers;
(c)an Order in Council made under section 443 which makes provision only in relation to Scotland.
(5)A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—
(a)subordinate legislation made by the Scottish Ministers other than an order under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6), 441(9) or 458;
(b)an Order in Council made under section 443 which makes provision only in relation to Scotland.
(6)No order may be made—
(a)by the Secretary of State under section 75(7) or (8), 223(7) or (8), 282, 292(4), 309, [F2339A(7), ] 364(4), 377(4), 436(6) or 438(9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;
(b)by the Scottish Ministers under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6) or 441(9) unless a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.
(7)The Scottish Ministers must lay before the Scottish Parliament a copy of every statutory instrument containing an Order in Council made under section 444 or 445.
Textual Amendments
F1Word in s. 459(4)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 103(7), 178(8); S.I. 2005/1521, art. 3(1)(c)
F2Word in s. 459(6)(a) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 103(7), 178(8); S.I. 2005/1521, art. 3(1)(c)
(1)The following are to be paid out of money provided by Parliament—
(a)any expenditure incurred by any Minister of the Crown under this Act;
(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
(2)Any sums received by the Secretary of State in consequence of this Act are to be paid into the Consolidated Fund.
(1)Part 2 extends to England and Wales only.
(2)In Part 8, Chapter 2 extends to England and Wales and Northern Ireland only.
(3)These provisions extend to Scotland only—
(a)Part 3;
(b)in Part 8, Chapter 3.
(4)Part 4 extends to Northern Ireland only.
(5)The amendments in Schedule 11 have the same extent as the provisions amended.
(6)The repeals and revocations in Schedule 12 have the same extent as the provisions repealed or revoked.
This Act may be cited as the Proceeds of Crime Act 2002.