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Serious Crime Act 2007

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Section 77

SCHEDULE 10E+W+N.I.Detained cash investigations: further provision

This schedule has no associated Explanatory Notes

Amendments to the Proceeds of Crime Act 2002E+W+N.I.

1E+W+N.I.The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

Commencement Information

I1Sch. 10 para. 1 in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 17(1)(d)(i)

I2Sch. 10 para. 1 in force at 18.6.2009 in so far as not already in force by S.S.I. 2009/224, art. 2(1)(d)(i)

2E+W+N.I.In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.

Commencement Information

I3Sch. 10 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

F13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 10 paras. 3-6 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

F14U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 10 paras. 3-6 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

F15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 10 paras. 3-6 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

F16U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 10 paras. 3-6 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

7(1)Section 352 (search and seizure warrants) is amended as follows.E+W+N.I.

(2)In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.

(3)After subsection (5)(b) insert—

(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

Commencement Information

I4Sch. 10 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

8(1)Section 353 (requirements where production order not available) is amended as follows.E+W+N.I.

(2)In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.

(3)After subsection (10)(b) insert—

(c)a constable or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained cash investigation.

Commencement Information

I5Sch. 10 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

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Textual Amendments

F2Sch. 10 para. 9 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

10E+W+N.I.In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.

Commencement Information

I6Sch. 10 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

11E+W+N.I.In section 363 (customer information orders) after subsection (1) insert—

(1A)No application for a customer information order may be made in relation to a detained cash investigation.

Commencement Information

I7Sch. 10 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

12E+W+N.I.In section 370 (account monitoring orders) after subsection (1) insert—

(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.

Commencement Information

I8Sch. 10 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

13E+W+N.I.In section 378 (officers) after subsection (3) insert—

(3A)In relation to a detained cash investigation these are appropriate officers—

(a)a constable;

(b)an officer of Revenue and Customs.

Commencement Information

I9Sch. 10 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

14E+W+N.I.In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I10Sch. 10 para. 14 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

15E+W+N.I.In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I11Sch. 10 para. 15 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

16E+W+N.I.In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I12Sch. 10 para. 16 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

17E+W+N.I.In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I13Sch. 10 para. 17 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

18E+W+N.I.In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.

Commencement Information

I14Sch. 10 para. 18 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

19(1)Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.E+W+N.I.

(2)In the heading after “civil recovery” insert “ , detained cash ”.

(3)In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.

(4)In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(5)In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(6)In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I15Sch. 10 para. 19 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

20E+W+N.I.In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.

Commencement Information

I16Sch. 10 para. 20 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

21E+W+N.I.In section 397 (customer information orders: Scotland) after subsection (1) insert—

(1A)No application for a customer information order may be made in relation to a detained cash investigation.

Commencement Information

I17Sch. 10 para. 21 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

22E+W+N.I.In section 404 (account monitoring orders: Scotland) after subsection (1) insert—

(1A)No application for an account monitoring order may be made in relation to a detained cash investigation.

Commencement Information

I18Sch. 10 para. 22 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

23(1)Section 412 (interpretation: Scotland) is amended as follows.E+W+N.I.

(2)In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

(3)In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I19Sch. 10 para. 23 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)

24(1)Section 416 (other interpretative provisions) is amended as follows.E+W+N.I.

(2)In subsection (1) after “confiscation investigation: section 341(1)” insert— “ detained cash investigation: section 341(3A) ”.

(3)After subsection (7) insert—

(7A)Unlawful conduct” has the meaning given by section 241.

Commencement Information

I20Sch. 10 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)

25E+W+N.I.In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

Commencement Information

I21Sch. 10 para. 25 in force at 6.4.2008 in so far as it does not extend to S. by S.I. 2008/755, art. 17(1)(d)(iii)

I22Sch. 10 para. 25 in force at 18.6.2009 for S. by S.S.I. 2009/224, art. 2(1)(d)(iii)

F1F3Other amendmentsU.K.

Textual Amendments

F3Sch. 10 paras. 26-28 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)

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F1F328U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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