Proceeds of Crime Act 2002

377 Code of practice [F1 of Secretary of State etc.] E+W+N.I.

(1) The Secretary of State must prepare a code of practice as to the exercise by all of the following of functions they have under this Chapter—

[F2 (a) the Director General of the National Crime Agency;

(b) other National Crime Agency officers;]

(c) [F3 in relation to England and Wales,] accredited financial investigators;

(d) [F3 in relation to England and Wales,] constables;

[F4 (e) officers of Revenue and Customs;]

[F5 (f) immigration officers.]

[F6 (g) Financial Conduct Authority officers.]

(2) After preparing a draft of the code the Secretary of State—

(a) must publish the draft;

(b) must consider any representations made to him about the draft;

(c) may amend the draft accordingly.

[F7 (2A) The Secretary of State must also consult the Treasury about the draft in its application to functions that Financial Conduct Authority officers have under this Chapter.]

(3) After the Secretary of State has proceeded under [F8 subsections (2) and (2A)] he must lay the code before Parliament.

(4) When he has done so the Secretary of State may bring the code into operation on such day as he may appoint by order.

(5) A person specified in subsection (1)(a) to [F9 (f)] must comply with a code of practice which is in operation under this section in the exercise of any function he has under this Chapter.

(6) If such a person fails to comply with any provision of such a code of practice he is not by reason only of that failure liable in any criminal or civil proceedings.

(7) But the code of practice is admissible in evidence in such proceedings and a court may take account of any failure to comply with its provisions in determining any question in the proceedings.

(8) The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section apply to a revised code as they apply to the code as first prepared.

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 377 heading inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 114(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F2 S. 377(1)(a)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 143; S.I. 2013/1682, art. 3(v)

F3 Words in s. 377(1)(c)(d) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 67(2) (with arts. 28-31)

F4 S. 377(1)(e) substituted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 17

F5 S. 377(1)(f) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 37(2) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)

F6 S. 377(1)(g) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 58(2); S.I. 2017/991, reg. 2(t); S.I. 2021/724, reg. 4(i)

F7 S. 377(2A) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 58(3); S.I. 2017/991, reg. 2(t); S.I. 2021/724, reg. 4(i)

F8 Words in s. 377(3) inserted (27.4.2017 for specified purposes, 31.10.2017 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 58(4); S.I. 2017/991, reg. 2(t); S.I. 2021/724, reg. 4(i)

F9 Word in s. 377(5) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 37(3) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)

F10 S. 377(9) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 67(3) (with arts. 28-31)

Commencement Information

I1 S. 377 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)