http://www.legislation.gov.uk/uksi/2003/120/made

The Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003

Law

Crime

King's Printer of Acts of Parliament

2014-10-08

PROCEEDS OF CRIME

This Order brings into force, on 24th February 2003, the following provisions of the Proceeds of Crime Act (“the Act”):Chapter 2 of Part 5, which creates a new scheme for the civil recovery of the proceeds of unlawful conduct in the High Court or the Court of Session;Part 6, which gives the Director of the Assets Recovery Agency certain revenue functions;Part 7, which creates new money laundering offences;Part 8, which creates new powers of investigation;Part 10, which provides for the disclosure of information to and by the Director of the Assets Recovery Agency;section 446, which permits rules of court to be made in relation to an order in council under Part 11;section 448 and Schedule 10, which make provision about tax, mainly in relation to the new power of civil recovery;sections 449 and 450, which allow staff of the Assets Recovery Agency and persons named by Scottish Ministers to use pseudonyms;section 451, which enables the Commissioners of Customs and Excise to start proceedings for the money laundering offences and the offence of prejudicing an investigation;section 452, which gives the Secretary of State power to make regulations applying the money laundering offences and the offence of prejudicing an investigation to Crown servants;section 453, which gives the Secretary of State power to make an order about financial investigators;certain minor and consequential amendments in Schedule 11, together with entries in the repeals Schedule, Schedule 12;other provisions which it is necessary to bring into force in order to give full effect to the provisions listed above.

The Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003

art. 3

The Proceeds of Crime Act 2002 (Commencement No. 5, Transitional Provisions, Savings and Amendment) Order 2003

art. 14(2)

The Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003

art. 5(1)

The Proceeds of Crime Act 2002 (Commencement No. 5, Transitional Provisions, Savings and Amendment) Order 2003

art. 14(2)

2003 No. 120 (C. 6)

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003

Made23rd January 2003

The Secretary of State, in exercise of the powers conferred on him by sections 458(1) and 459(2) of the Proceeds of Crime Act 20021, and after consultation with the Scottish Ministers, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003.

2

In this Order—

a

“the Act” means the Proceeds of Crime Act 2002;

b

“the new failure to disclose offences” means sections 330, 331 and 332 of the Act;

c

“the old failure to disclose offences” means—

i

section 52 of the Drug Trafficking Act 19942;

ii

section 39 of the Criminal Law (Consolidation) (Scotland) Act 19953; and

iii

article 44 of the Proceeds of Crime (Northern Ireland) Order 19964.

d

“the new principal money laundering offences” means sections 327, 328 and 329 of the Act;

e

“the old principal money laundering offences” means—

i

sections 93A, 93B and 93C of the Criminal Justice Act 19885;

ii

section 14 of the Criminal Justice (International Co-operation) Act 19906;

iii

sections 49, 50 and 51 of the Drug Trafficking Act 1994;

iv

sections 37 and 38 of the Criminal Law (Consolidation) (Scotland) Act 1995; and

v

articles 45, 46 and 47 of the Proceeds of Crime (Northern Ireland) Order 1996.

Commencement of provisions2

1

The provisions of the Act listed in column 1 of the Schedule to this Order shall come into force on 24th February 2003, subject to the transitional provisions and savings contained in this Order.

2

But where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force only for that purpose.

Transitional provisions and savings for the principal money laundering offences3

The new principal money laundering offences shall not have effect where the conduct constituting an offence under those provisions began before 24th February 2003 and ended after that date and the old principal money laundering offences shall continue to have effect in such circumstances.

Transitional provisions and savings for the failure to disclose offences4

The new failure to disclose offences shall not have effect where the information or other matter on which knowledge or suspicion that another person is engaged in money laundering is based, or which gives reasonable grounds for such knowledge or suspicion, came to a person before 24th February 2003 and the old failure to disclose offences shall continue to have effect in such circumstances.

Transitional provisions and savings for the offences of tipping-off and prejudicing an investigation5

1

Section 342 of the Act shall not have effect where the conduct constituting an offence under that section began before 24th February 2003 and ended after that date and the following provisions shall continue to have effect in such circumstances—

a

sections 93D(1) of the Criminal Justice Act 19887;

b

sections 53(1) and 588 of the Drug Trafficking Act 1994;

c

sections 36 and 40(1) of the Criminal Law (Consolidation) (Scotland) Act 19959; and

d

articles 48(1) and 5310 of the Proceeds of Crime (Northern Ireland) Order 1996.

2

Section 93D(2) and (3) of the Criminal Justice Act 1988 shall continue to have effect where the disclosure mentioned in section 93D(2)(a) or 93D(3)(a), as the case may be, of that Act was made before 24th February 2003.

3

Section 53(2) and (3) of the Drug Trafficking Act 1994 shall continue to have effect where the disclosure mentioned in section 53(2)(a) or 53(3)(a), as the case may be, of that Act was made before 24th February 2003.

4

Section 40(2) and (3) of the Criminal Law (Consolidation) (Scotland) Act 1995 shall continue to have effect where the disclosure mentioned in section 40(2)(a) or 40(3)(a), as the case may be, of that Act was made before 24th February 2003.

5

Article 48(2) and (3) of the Proceeds of Crime (Northern Ireland) Order 1996 shall continue to have effect where the disclosure mentioned in article 48(2)(a) or 48(3)(a), as the case may be, of that Order was made before 24th February 2003.

Savings in relation to prosecution by Customs and Excise, application of offences to Crown servants and investigations6

The following provisions shall continue to have effect in respect of offences committed before 24th February 2003 and offences committed by virtue of articles 3 to 5 of this Order—

a

sections 93F to 93J of the Criminal Justice Act 198811;

b

sections 55 to 57 and 59 to 61 of the Drug Trafficking Act 1994;

c

sections 31 to 35 and 42 of the Criminal Law (Consolidation) (Scotland) Act 1995; and

d

articles 49 to 52, and 54 to 56 of and Schedule 2 to the Proceeds of Crime (Northern Ireland) Order 199612.

Transitional provision in relation to the Extradition Act 19897

Notwithstanding paragraph 18 of Schedule 11 to the Act (which amends the Extradition Act 198913), section 22(4)(h)14 of, and paragraph 15 of Schedule 115 to, the Extradition Act 1989 shall have effect as if they continued to contain references to—

a

an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994;

b

an offence under section 14 of the Criminal Justice (International Co-operation) Act 1990;

c

an offence under section 37 or 38 of the Criminal Law (Consolidation) (Scotland) Act 1995; and

d

an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 199616,

where the conduct constituting such offences occurred before 24th February 2003 or constituted an offence by virtue of articles 3 to 5 of this Order.

Bob AinsworthParliamentary Under-Secretary of StateHome Office23rd January 2003

THE SCHEDULE

Article 2

Column 1	Column 2
Chapter 2 of Part 5 (sections 243 to 288, including Schedules 6 and 7) (Civil Recovery in the High Court or Court of Session), except for section 270(4) and (5).
Section 312 (Performance of functions of Scottish Ministers by constables in Scotland).
Section 313 (Restriction on performance of Director’s functions by police).
Part 6 (sections 317 to 326, including Schedule 8) (Revenue Functions).
Part 7 (sections 327 to 340, including Schedule 9). (Money Laundering).
Part 8 (sections 341 to 416) (Investigations).
Part 10 (sections 435 to 442) (Information).	Commenced, except so far as it relates to disclosure of information to and by the Lord Advocate in connection with the exercise of any of his functions under Part 3 of the Act.
Section 443 (Enforcement in different parts of the United Kingdom).
Section 446 (Rules of court).
Section 448, including Schedule 10 (Tax).
Section 449 (Agency staff: pseudonyms).
Section 450 (Pseudonyms: Scotland).
Section 451 (Customs and Excise prosecutions).
Section 452 (Crown servants).
Section 453 (References to financial investigators).
Section 456 (Amendments).	Commenced for the purposes of the provisions of Schedule 11 to the Act commenced by this Order.
Section 457 (Repeals).	Commenced for the purposes of the provisions of Schedule 12 to the Act commenced by this Order.
In Schedule 11, paragraphs 2; 3; 6; 10(2); 13; 14(1) and (4); 17(1), (2), (3) and (5); 18; 19(1) and (4); 22; 23; 24; 25(2)(a) to (g), (3), (4), (5), (6) and (7); 27; 28(1) and (2)(a); 30; 31(1), (2), (3)(c) to (h) and (4) to (18); 34; 35; 38 and 40.	Paragraph 17(2) is commenced so far as it repeals sections 93A to 93J of the Criminal Justice Act 198817. Paragraph 25(2)(a) is commenced so far as it repeals sections 49 to 54 of the Drug Trafficking Act 199418. Paragraph 27 is commenced so far as it repeals section 15(2) of the Proceeds of Crime Act 199519. Paragraph 28(2)(a) is commenced so far as it repeals sections 18 to 20 of the Proceeds of Crime (Scotland) Act 1995. Paragraph 31(2) is commenced so far as it repeals Part III of the Proceeds of Crime (Northern Ireland) Order 199620.
In Schedule 12, the following entries; the entry relating to the Misuse of Drugs Act 197121; in the entry relating to the Criminal Justice Act 1988, the entry in the second column concerning sections 71 to 102 of that Act; the entry relating to the Extradition Act 1989; in the entry relating to the Criminal Justice (International Co-operation) Act 199022, the entry in the second column concerning section 14 of that Act; in the entry relating to the Criminal Justice Act 199323, the entry in the second column concerning sections 27 to 35 of that Act, the entry in the second column concerning Schedule 4 of that Act and the entry in the second column concerning Schedule 5 of that Act; in the entry relating to the Drug Trafficking Act 1994, the entry in the second column concerning sections 1 to 54 of that Act, the entry in the second column concerning sections 55 and 56 of that Act, the entry in the second column concerning section 59 of that Act, the entries in the second column concerning section 60(6) of that Act, the entry in the second column concerning section 60(7) and (8) of that Act and the entry in the second column concerning section 61 of that Act; in the entry relating to the Proceeds of Crime Act 199524, the entry in the second column concerning sections 1 to 13 of that Act and the entry in the second column concerning section 15(1) to (3) of that Act; the entry relating to the Criminal Law (Consolidation) Scotland Act 199525; in the entry relating to the Proceeds of Crime (Scotland) Act 1995, the entry in the second column concerning Part I of that Act; in the entry relating to the Proceeds of Crime (Northern Ireland) Order 1996, the entry in the second column concerning Parts II and III of that Order, the entry in the second column concerning article 49 of that Order, the entry in the second column concerning article 52 of that Order, the entry in the second column concerning article 54 of that Order, the entry in the second column concerning article 55 of that Order; the entry in the second column concerning article 56 of that Order and the entry in the second column concerning Schedule 2 to that Order, in the entry relating to the Access to Justice Act 1999, the entry concerning Schedule 2 to that Act; and the entry relating to the Financial Investigations (Northern Ireland) Order 200126.	In the case of the entry relating to sections 71 to 102 of the Criminal Justice Act 1988, it is commenced so far as it repeals sections 93A to 93J of that Act. In the case of the entry relating to sections 27 to 35 of the Criminal Justice Act 1993; it is commenced so far as it repeals sections 29 to 33 and section 35 of that Act. In the case of the entry relating to sections 1 to 54 of the Drug Trafficking Act 1994, it is commenced so far as it repeals sections 49 to 54 of that Act. In the case of the entry relating to sections 1 to 13 of the Proceeds of Crime Act 1995, it is commenced so far as it repeals sections 11 to 13 of that Act. In the case of the entry concerning section 15(1) to (3) of the Proceeds of Crime Act 1995, it is commenced so far as it repeals section 15(2) of that Act. In the case of the entry relating to the Criminal Law (Consolidation) Scotland Act 1995, it is commenced so far as it repeals sections 31 to 40 and 42 of that Act. In the case of the entry relating to Part I of the Proceeds of Crime (Scotland) Act 1995, it is commenced so far as it repeals sections 18 to 20 of that Act. In the case of the entry relating to Parts II and III of the Proceeds of Crime (Northern Ireland) Order 1996, it is commenced so far as it repeals Part III of that Order.

(This note is not part of the Order)

This Order brings into force, on 24th February 2003, the following provisions of the Proceeds of Crime Act (“the Act”):

a

Chapter 2 of Part 5, which creates a new scheme for the civil recovery of the proceeds of unlawful conduct in the High Court or the Court of Session;

b

Part 6, which gives the Director of the Assets Recovery Agency certain revenue functions;

c

Part 7, which creates new money laundering offences;

d

Part 8, which creates new powers of investigation;

e

Part 10, which provides for the disclosure of information to and by the Director of the Assets Recovery Agency;

f

section 446, which permits rules of court to be made in relation to an order in council under Part 11;

g

section 448 and Schedule 10, which make provision about tax, mainly in relation to the new power of civil recovery;

h

sections 449 and 450, which allow staff of the Assets Recovery Agency and persons named by Scottish Ministers to use pseudonyms;

i

section 451, which enables the Commissioners of Customs and Excise to start proceedings for the money laundering offences and the offence of prejudicing an investigation;

j

section 452, which gives the Secretary of State power to make regulations applying the money laundering offences and the offence of prejudicing an investigation to Crown servants;

k

section 453, which gives the Secretary of State power to make an order about financial investigators;

l

certain minor and consequential amendments in Schedule 11, together with entries in the repeals Schedule, Schedule 12;

m

other provisions which it is necessary to bring into force in order to give full effect to the provisions listed above.

Articles 3 to 7 make transitional provision and savings for the offences replaced by the new money laundering offences, the existing offence of prejudicing an investigation, proceedings brought by the Commissioners of Customs and Excise, the application of offences to Crown servants and the Extradition Act 1989.

(This note is not part of the Order)

The following provisions of the Proceeds of Crime Act 2002 have been brought into force by commencement order made before the date of this Order.

Provision	Date of Commencement	S.I.No.
Part 1 (sections 1 to 5, together with Schedule 1) (Assets Recovery Agency)	13th January 2003	2002/3055
Section 89 (Procedure on appeal to the Court of Appeal) (for the purposes of making secondary legislation)	30th December 2002	2002/3015
Section 90 (Procedure on appeal to the House of Lords) (for the purposes of making secondary legislation)	30th December 2002	2002/3015
Chapter 1 of Part 5 (sections 240 to 242) (Civil recovery of the proceeds etc of unlawful conduct—introductory)	30th December 2002	2002/3015
Section 270(4) and (5) (Associated and joint property)	30th December 2002	2002/3015
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 2002	2002/3015
Sections 304 to 311 (Civil recovery of the proceeds etc of unlawful conduct—general)	30th December 2002	2002/3015
Sections 314 to 316 (Interpretation)	30th December 2002	2002/3015
Section 454 (Customs officers)	30th December 2002	2002/3015
Section 455 (Enactment)	30th December 2002	2002/3015
Section 456 (Amendments) (in part)	30th December 2002	2002/3015
Section 457 (Repeals) (in part)	30th December 2002	2002/3015
Paragraph 10(1), (3) and (4) of Schedule 11	30th December 2002	2002/3145
Paragraphs 25(1) and (2)(a) and 36 of Schedule 11 (in part)	30th December 2002	2002/3015