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Statutory Rules of Northern Ireland

2015 No. 190 (C. 11)

Criminal Law

Proceeds Of Crime

The Serious Crime (2015 Act) (Commencement) Regulations (Northern Ireland) 2015

Made

26th March 2015

The Department of Justice, having consulted the Secretary of State in accordance with section 88(3) and (8) of the Serious Crime Act 2015(1), makes the following Regulations under section 88(3) and (10):

Citation

1.  These Regulations may be cited as the Serious Crime (2015 Act) (Commencement) Regulations (Northern Ireland) 2015.

Provision coming into operation on 3rd May 2015

2.  Paragraph 66(4) of Schedule 4 (minor and consequential amendments) and section 85(1) so far as relating to that paragraph come into operation on 3rd May 2015.

Provisions coming into operation on 1st June 2015

3.—(1) The following provisions of the Serious Crime Act 2015 come into operation on 1st June 2015—

(a)sections 24 to 27 (confiscation: assets held by defendant and other);

(b)section 28 (time for payment);

(c)section 29 (orders for securing compliance with confiscation order);

(d)section 30 (variation or discharge);

(e)section 31 (absconding defendants);

(f)section 32 (default sentences);

(g)section 33 (conditions for exercise of restraint order powers);

(h)section 34 (continuation of restraint order after quashed conviction);

(i)section 35 (conditions for exercise of search and seizure powers);

(j)section 36 (seized money etc);

(k)section 85(1), for the purposes of the provisions listed in sub-paragraph (2) of this Regulation.

(2) The following provisions of Schedule 4 come into operation on 1st June 2015—

(a)paragraph 4;

(b)paragraphs 46 to 51.

Sealed with the Official Seal of the Department of Justice on 26th March 2015.

Legal seal

David Ford

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Commencement Regulations are made under the Serious Crime Act 2015 (c.9) (“the 2015 Act”). The Department of Justice, under section 88(3) and (10) of the 2015 Act, has power to commence those provisions in relation to the Criminal Appeal (Northern Ireland) Act 1980 (1980 c.47), the Proceeds of Crime Act 2002 (c.29) (“the 2002 Act”) and the Sexual Offences Act 2003 (c.42).

Regulation 2 brings into operation on 3rd May 2015 the consequential amendments in Schedule 4 to the 2015 Act that relate to the provisions in section 69 (possession of paedophile manual) of the Act.

Regulation 3 brings into operation on 1st June 2015 provisions of the 2015 Act relating to confiscation under Part 4 of the 2002 Act as well as the consequential amendments in Schedule 4 to the 2015 Act that relate to these provisions.