- Latest available (Revised)
- Point in Time (16/01/2012)
- Original (As enacted)
No versions valid at: 16/01/2012
Point in time view as at 16/01/2012. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Policing and Crime Act 2009, Section 52.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/06/2015
(1)The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2)After section 41 insert—
(1)A restraint order may include provision authorising the detention of any property to which it applies if the property—
(a)is seized by an appropriate officer under a relevant seizure power, or
(b)is produced to an appropriate officer in compliance with a production order under section 345.
(2)Provision under subsection (1) may, in particular—
(a)relate to specified property, to property of a specified description or to all property to which the restraint order applies;
(b)relate to property that has already been seized or produced or to property that may be seized or produced in future.
(3)“Appropriate officer” means—
(a)an accredited financial investigator;
(b)a constable;
(c)an officer of Revenue and Customs;
(d)a member of staff of SOCA;
(e)a member of staff of the relevant director (within the meaning of section 352(5A)).
(4)“Relevant seizure power” means a power to seize property which is conferred by or by virtue of—
(a)section 47C,
(b)section 352, or
(c)Part 2 or 3 of the Police and Criminal Evidence Act 1984 (including as applied by order under section 114(2) of that Act).
(5)The Secretary of State may by order amend the definition of “relevant seizure power”.”
(3)After section 44 insert—
(1)This section applies where—
(a)a restraint order includes provision under section 41A authorising the detention of property, and
(b)the restraint order is discharged under section 42(5) or 43(3)(b).
(2)This section also applies where—
(a)a restraint order includes provision under section 41A authorising the detention of property, and
(b)the restraint order is varied under section 42(5) or 43(3)(b) so as to omit any such provision.
(3)The property may be detained until there is no further possibility of an appeal against—
(a)the decision to discharge or vary the restraint order, or
(b)any decision made on an appeal against that decision.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: