The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009

Scottish Statutory Instruments

2009 No. 246

Proceeds Of Crime

The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009

Made

16th June 2009

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 293(4) of the Proceeds of Crime Act 2002(1) (“the Act”) and all other powers enabling them to do so.

The Scottish Ministers:

(1) have, in accordance with section 293(5) of the Act, revised the code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by section 289 of the Act (searches) (“the revised code of practice”)(2);

(2) have, in accordance with section 293(2) of the Act, published a draft of the revised code of practice, considered representations made to them about the draft and modified the draft in the light of the representations; and

(3) have, in accordance with section 293(3) of the Act, laid the revised code of practice before the Scottish Parliament.

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

(2)

The Code of Practice was brought into operation on 30th December 2002 in accordance with SSI 2002/569.