The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003

Applications for discharge and variation and Code of Practice

33.—(1) This article applies where an order made, or warrant issued, under Part 8 of the Act for the purposes of a confiscation investigation or a money laundering investigation in one part of the United Kingdom is enforced in another part of the United Kingdom, in accordance with the preceding provisions of this Order.

(2) Any application for the discharge or variation of the order or warrant must be made in the part of the United Kingdom in which the order was made.

(3) The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in England and Wales or in Northern Ireland in respect of the order or warrant by—

(a) an English or Welsh appropriate officer;

(b) a Northern Ireland appropriate officer; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act does not apply in such circumstances.

(4) The Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act applies to any act done in Scotland in respect of the order or warrant by—

(a) an English or Welsh appropriate officer;

(b) a Northern Ireland appropriate officer; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act does not apply in such circumstances.