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Statutory Instruments

2002 No. 3145 (C.106)

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Commencement No. 3) Order 2002

Made

17th December 2002

The Secretary of State, in exercise of the powers conferred on him by section 458(1) of the Proceeds of Crime Act 2002(1), hereby makes the following Order:

1.  This Order may be cited as the Proceeds of Crime Act 2002 (Commencement No. 3) Order 2002.

2.  The following provisions of the Proceeds of Crime Act 2002 shall come into force on 30th December 2002—

(a)section 456 (Amendments), for the purposes of the provisions of Schedule 11 to the Proceeds of Crime Act 2002 commenced by this Order; and

(b)paragraph 10(1), (3) and (4) of Schedule 11.

Bob Ainsworth

Parliamentary Under-Secretary of State

Home Office

17th December 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force, on 30th December 2002, paragraph 10(1), (3) and (4) of Schedule 11 to the Proceeds of Crime Act 2002 which makes changes to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 so that parties to cash forfeiture proceedings under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 may receive legal aid.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Proceeds of Crime Act 2002 are to come into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Part 1 (sections 1 to 5, together with Schedule 1) (Assets Recovery Agency)13th January 20032002/3055
Section 89 (Procedure on appeal to the Court of Appeal) (for the purposes of making secondary legislation)30th December 20022002/3015
Section 90 (Procedure on appeal to the House of Lords (for the purposes of making secondary legislation)30th December 20022002/3015
Chapter 1 of Part 5 (sections 240 to 242) (Civil recovery of the proceeds etc. of unlawful conduct — introductory)30th December 20022002/3015
Section 270(4) and (5) (Associated and joint property)30th December 20022002/3015
Chapter 3 of Part 5 (sections 289 to 303) (Civil recovery of the proceeds etc. of unlawful conduct — recovery of cash in summary proceedings)30th December 20022002/3015
Sections 304 to 311 (Civil recovery of the proceeds etc. of unlawful conduct — general)30th December 20022002/3015
Sections 314 to 316 (Interpretation)30th December 20022002/3015
Section 454 (Customs officers)30th December 20022002/3015
Section 455 (Enactment)30th December 20022002/3015
Section 456 (Amendments) (in part)30th December 20022002/3015
Section 457 (Repeals) (in part)30th December 20022002/3015
Paragraphs 25(1) and (2)(a) and 36 of Schedule 11 (in part)30th December 20022002/3015
Paragraphs 25(1) and (2)(a) and 36 of Schedule 11 (in part)30th December 20022002/3015