The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021

PART 4 Amendment of the 2014 Order

Introduction

52.  The 2014 Order is amended in accordance with this Part.

Article 1 (citation, commencement and extent)

53.  For article 1(c) substitute—

“(c) extends to England and Wales and Northern Ireland.”.

Article 2 (interpretation)

54.  In article 2(1)—

(a) in the definition of “appropriate officer” omit “(in England and Wales)”;

(b) in the definition of “enforcement authority”—

(i) omit “(England and Wales)”;

(ii) for paragraph (e) substitute—

“(e) the Director of Public Prosecutions (in relation to England and Wales) or the Director of Public Prosecutions for Northern Ireland (in relation to Northern Ireland);”;

(c) in the definition of “senior appropriate officer” in sub-paragraph (ab) omit “(in England and Wales)”.

Article 3 (scope of the Order)

55.  In article 3—

(a) in paragraph (1) omit “in England and Wales”;

(b) in paragraph (2) after “appropriate officer” insert “or enforcement authority (as the case may be)”.

Part 5A heading and article 34A (unexplained wealth orders)

56.—(1) In the heading of Part 5A omit “England and Wales”.

(2) In article 34A—

(a) in the heading omit “(England and Wales)”;

(b) in paragraph (2)(b) omit “in England and Wales”.

Article 34B (requirements for making of unexplained wealth order)

57.  In article 34B—

(a) in paragraph (4)(b)(i) for “England and Wales” substitute “a part of the United Kingdom”;

(b) in paragraph (8)(a)—

(i) for “in England and Wales” substitute “in a part of the United Kingdom”;

(ii) for “section 2” substitute “sections 2, 2A and 3”;

(iii) omit the words “(involvement” to the end.

Article 34E (statements)

58.  In article 34E(2)—

(a) in sub-paragraphs (a) and (b)—

(i) for “Part 2” substitute “Part 2 or 4”;

(ii) after “Wales” insert “or Northern Ireland”;

(b) in sub-paragraph (c) after “1911” insert “or Article 10 of the Perjury (Northern Ireland) Order 1979”.

Article 34GA (supplementary: Northern Ireland)

59.  After article 34G insert—

“Supplementary: Northern Ireland

34GA.— (1) An application to the High Court in Northern Ireland to discharge or vary an unexplained wealth order may be made by—

(a) the enforcement authority, or

(b) the respondent.

(2) The High Court in Northern Ireland—

(a) may discharge the order;

(b) may vary the order.”.

Article 34I (variation and discharge of interim freezing order)

60.  In article 34I—

(a) in paragraph (6)(d) for “in England and Wales” substitute “in the part of the United Kingdom in which the interim freezing order concerned is made”;

(b) in paragraph (9)(a) after “article 8” insert “or 95”.

Article 34J (exclusions)

61.  In article 34J(6)(b) for “, be made available” to the end substitute—

“—

(i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii) be funded by the Legal Services Agency Northern Ireland.”.

Article 34M (powers of receivers appointed under article 34L)

62.  In article 34M(4)(a) and (5) for “in England and Wales” substitute “(in England and Wales or, as the case may be, Northern Ireland)”.

Article 35 (codes of practice)

63.  For article 35 substitute—

“Codes of practice

35.— (1) A relevant code of practice applies to the functions conferred by this Order as it applies to the functions conferred by Chapter 2 of Part 8 of the Act in relation to confiscation investigations.

(2) In paragraph (1) a “relevant code of practice” means any code of practice which is in operation under any of the provisions of the Act mentioned in paragraph (3).

(3) The provisions are—

(a) section 377 (code of practice of Secretary of State etc.)(1);

(b) section 377ZA (code of practice (Northern Ireland))(2);

(c) section 377A (code of practice of Attorney General or Advocate General for Northern Ireland)(3).”.

(1)

Section 377 was amended by the Serious Crime Act 2007 (c. 27), Schedule 8, paragraph 114; S.I. 2010/976; the Finance Act 2013 (c. 29), Schedule 48, paragraph 17; the Crime and Courts Act 2013 (c. 22), Schedule 8, paragraph 143, Schedule 21, paragraph 37; the Criminal Finances Act 2017 (c. 22), Schedule 5, paragraph 58.

(2)

Section 377ZA was inserted by S.I. 2010/976.

(3)

Section 377A was inserted by the Serious Crime Act 2007, Schedule 8, paragraph 115 and amended by S.I. 2014/834 and the Criminal Finances Act 2017, Schedule 1, paragraph 24.