Search Legislation

The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2003

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2003 No. 594

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2003

Made

29th November 2003

Coming into force

30th November 2003

The Scottish Ministers, in exercise of the powers conferred by section 142(6) of the Proceeds of Crime Act 2002(1) and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 459(6) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and extent

1.—(1) This Order may be cited as the Proceeds of Crime Act 2002 Amendment (Scotland) Order 2003 and shall come into force on the day after the day on which it is made.

(2) This Order extends to Scotland only.

Application

2.  This Order applies only to offences committed after the day on which it is made.

Amendment of the Proceeds of Crime Act 2002

3.  After paragraph 8 of Schedule 4 (lifestyle offences: Scotland) to the Proceeds of Crime Act 2002 insert–

Traffic in prostitution etc.

8A.  An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.)..

HUGH HENRY

A member of the Scottish Executive

St Andrew’s House, Edinburgh

29th November 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (“the Act”) by adding to the list of lifestyle offences in Schedule 4 the offence of trafficking in prostitution etc. contrary to section 22 of the Criminal Justice (Scotland) Act 2003 (article 3).

Section 92 of the Act provides for the making of confiscation orders against certain offenders. Where a court acts under that section it must, in terms of subsection (5), decide whether the offender has a criminal lifestyle and, if so, whether the offender has benefited from his or her general criminal conduct.

In terms of section 142(1) of the Act an offender has a criminal lifestyle if the offence of which he or she has been convicted (or in the case of summary proceedings has been discharged absolutely without proceeding to conviction) is an offence specified in Schedule 4.

The Order applies only to offences committed after the day on which it is made (article 2).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources