2015 No. 705
The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) (England and Wales and Scotland) Order 2015
Made
Coming into force
This Order is made in exercise of the powers conferred by sections 292(4) and (5) and 459(2) of the Proceeds of Crime Act 20021 (“the Act”).
The Secretary of State has:
in accordance with section 292(5) of the Act, revised the code of practice in relation to England and Wales and Scotland in connection with the exercise by—
an officer of Revenue and Customs,
in relation to England and Wales, an accredited financial investigator, or
in relation to England and Wales, a constable2,
of the powers conferred by virtue of section 289 of the Act3 (“the revised code of practice”)4;
in accordance with section 292(2) of the Act, published a draft of the revised code of practice, considered any representations made about the draft by the Scottish Ministers, the Department of Justice or any other person and, as she thought appropriate, modified the draft accordingly; and
in accordance with section 292(3) of the Act, laid a draft of the revised code of practice before Parliament.
In accordance with section 459(6)(a) of the Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Order:
Citation, commencement and extent1
1
This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) (England and Wales and Scotland) Order 2015, and comes into force on 1st June 2015.
2
This Order does not extend to Northern Ireland.
Revised Code of Practice2
Subject to article 3, the revised code of practice entitled “Code of Practice issued under the Proceeds of Crime Act 2002 Recovery of Cash: Search Powers (England and Wales and Scotland)” laid in draft before Parliament on 17th December 2014 comes into operation on 1st June 2015.
Exercise of powers at time of coming into operation3
The revised code of practice referred to in article 2 applies to the exercise of any power conferred by virtue of section 289 of the Proceeds of Crime Act 2002 by—
a
an officer of Revenue and Customs,
b
in relation to England and Wales, a constable, or
c
in relation to England and Wales, an accredited financial investigator,
after midnight on 31st May 2015 notwithstanding that the exercise of the power may have begun before that time.
(This note is not part of the Order)