The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003

Scottish Statutory Instruments

2003 No. 94

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003

Made

13th February 2003

Coming into force in accordance with article 1

Whereas–

in terms of section 410 of the Proceeds of Crime Act 2002(1) (“the Act”), the Scottish Ministers are required to make a code of practice as to the exercise by proper persons of functions they have under Chapter 3 of Part 8 of the Act (investigations: Scotland);

in pursuance of section 410(2) of the Act, the Scottish Ministers have prepared and published a draft of the code of practice, have considered representations made to them about the draft and have amended the draft accordingly;

in pursuance of section 410(3) of the Act, the Scottish Ministers have laid the code of practice before the Scottish Parliament;

a draft of this Order has, in accordance with section 459(6)(b) of the Act, been laid before and approved by resolution of the Scottish Parliament;

now, therefore, the Scottish Ministers, in exercise of the powers conferred by section 410(4) of the Act, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 and shall come into force on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.

(2) This Order extends to Scotland only.

Code of Practice

2.  The code of practice entitled “Code of Practice issued under section 410 of the Proceeds of Crime Act 2002” laid before the Scottish Parliament on 16th January 2003 shall come into operation on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.

HUGH HENRY

A member of the Scottish Executive

St Andrew’s House, Edinburgh

13th February 2003

Explanatory Note

(This note is not part of the Order)

This Order is made in exercise of the powers conferred by section 410(4) of the Proceeds of Crime Act 2002 (“the Act”). The Order brings into operation a code of practice which is required by section 410(1) of the Act for the exercise of investigatory powers under Chapter 3 of Part 8 of the Act by proper persons. Copies of the code of practice will be available at all police stations for consultation by the police and members of the public. The Scottish Ministers will also make it publicly available.

The investigatory powers set out in Chapter 3 of Part 8 of the Act comprise powers for making, serving and executing production orders, search warrants, customer information orders, account monitoring orders and disclosure orders. They are relevant to confiscation investigations, money laundering investigations and civil recovery investigations as defined in Chapter 1 of Part 8 of the Act.

In accordance with the Act, a separate code of practice is being made for England, Wales and Northern Ireland by the Secretary of State.

(1)

2002 c. 29.