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The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence (Northern Ireland) Order 1989) Order (Northern Ireland) 2016

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Application of Article 23 of the 1989 Order

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4.—(1) Article 23 of the 1989 Order (access and copying) applies to powers of seizure under search and seizure warrants issued for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation, with the modifications made by this article.

(2) In paragraph (1), for the words from the beginning to “after this Act” substitute “An appropriate person (within the meaning of Part 8 of the Proceeds of Crime Act 2002) who seizes anything under a search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation”.

(3) In paragraph (2), for “constable” substitute “appropriate person”.

(4) In paragraph (3)—

(a)in sub-paragraph (a), for “a constable” substitute “an appropriate person”;

(b)in sub-paragraph (b), for “police for the purpose of investigating an offence” substitute “appropriate person or an appropriate officer (within the meaning of Part 8 of the Proceeds of Crime Act 2002)”;

(c)insert “appropriate” before “officer” the first time that word appears; and

(d)for “a constable” where it appears at the end of the paragraph, substitute “an appropriate officer”.

(5) In paragraph (4)—

(a)insert “appropriate” before “officer” the first time that word appears; and

(b)in sub-paragraph (a) for “a constable” substitute “an appropriate officer”.

(6) In paragraph (5) for “a constable” substitute “an appropriate person”.

(7) In paragraph (8)—

(a)before “officer” insert “appropriate”;

(b)for sub-paragraph (b) substitute—

(b)the investigating of an offence; or;

(c)in sub-paragraph (c) after “proceedings” insert “(including proceedings related to the making of a confiscation order)”.

(8) In paragraph (9) for “a constable” substitute “an appropriate person” both times it appears.

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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

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