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Statutory Instruments
Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland
Made
17th June 2021
Coming into force
28th June 2021
The Secretary of State makes this Order in exercise of the powers conferred by section 377(4) and (8) of the Proceeds of Crime Act 2002(1) (“the Act”).
The Secretary of State has—
(a)under section 377(8) of the Act, revised the code of practice prepared under section 377(1) of the Act(2) in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by—
(i)the Director General of the National Crime Agency;
(ii)other National Crime Agency officers;
(iii)officers of Revenue and Customs;
(iv)immigration officers;
(v)Financial Conduct Authority officers, and
(vi)in relation to England and Wales, accredited financial investigators and constables;
(b)in accordance with section 377(2) of the Act, published a draft of the revised code of practice, considered any representations made about the draft and amended the draft accordingly;
(c)in accordance with section 377(2A) of the Act, consulted the Treasury about the draft in its application to functions that Financial Conduct Authority officers have under Chapter 2 of Part 8 of the Act; and
(d)in accordance with section 377(3) of the Act, laid 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.
2002 c. 29. Section 377 was amended by paragraph 114 of Schedule 8 to the Serious Crime Act 2007 (c. 27), paragraph 143 of Schedule 8, and paragraph 37 of Schedule 21, to the Crime and Courts Act 2013 (c. 22), paragraph 17 of Schedule 48 to the Finance Act 2013 (c. 29), paragraph 58 of Schedule 5 to the Criminal Finances Act 2017 (c. 22), and S.I. 2010/976.
The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to England and Wales and Northern Ireland on 31st January 2018 by S.I. 2018/84.
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