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Proceeds of Crime Act 2002

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Commencement Orders bringing legislation that affects this Act into force:

Part 12E+W+S+N.I.Miscellaneous and general

MiscellaneousE+W+S+N.I.

448 TaxE+W+S+N.I.

Schedule 10 contains provisions about tax.

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Commencement Information

I1S. 448 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

449 [F1NCA officers]: pseudonymsE+W+S+N.I.

(1)This section applies to a [F2National Crime Agency officer] if—

(a)he is [F3assigned] [F4to do anything on behalf of the National Crime Agency] for the purposes of this Act, and

(b)it is necessary or expedient for the purpose of doing the thing for the [F5National Crime Agency officer] to identify himself by name.

(2)[F6An authorised person] may direct that such a [F7National Crime Agency officer] may for that purpose identify himself by means of a pseudonym.

(3)For the purposes of any proceedings or application under this Act a certificate signed by [F8an authorised person] which sufficiently identifies the [F9National Crime Agency officer] by reference to the pseudonym is conclusive evidence that that [F9National Crime Agency officer] is authorised to use the pseudonym.

(4)In any proceedings or application under this Act a [F9National Crime Agency officer] in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(6)In this section “authorised person” means [F12an NCA officer] authorised by [F13the Director General of the NCA] for the purposes of this section.]

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Amendments (Textual)

F1Words in s. 449 title substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(2); S.I. 2013/1682, art. 3(v)

F9Words in s. 449(3)(4) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 151(5); S.I. 2013/1682, art. 3(v)

Commencement Information

I2S. 449 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

[F14449AStaff of relevant Directors: pseudonymsE+W+S+N.I.

(1)This section applies to a member of the staff of the relevant Director if—

(a)the member is to exercise a function as a member of that staff under, or in relation to, Part 5 or 8; and

(b)it is necessary or expedient for the purpose of exercising that function for the member of staff to identify himself by name.

(2)The relevant Director may direct that such a member of staff may for that purpose identify himself by means of a pseudonym.

(3)For the purposes of any proceedings or application under this Act, a certificate signed by the relevant Director which sufficiently identifies the member of staff by reference to the pseudonym is conclusive evidence that that member of staff is authorised to use the pseudonym.

(4)In any proceedings or application under this Act a member of the staff of the relevant Director in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.

(5)The relevant Director may not delegate the exercise of his functions under this section or otherwise authorise another person to exercise those functions on his behalf.

(6)In this section “relevant Director” has the meaning given by section 352(5A).]

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Amendments (Textual)

450 Pseudonyms: ScotlandE+W+S+N.I.

(1)This section applies to—

(a)any person named by the Scottish Ministers for the purpose of a civil recovery investigation [F15or a detained cash investigation ] under Part 8, or

(b)any person authorised by the Scottish Ministers for the purpose of such a civil recovery investigation to receive relevant information under section 391,

if it is necessary or expedient for the person to identify himself by name for that purpose.

(2)The Scottish Ministers may direct that such a person may for that purpose identify himself by means of a pseudonym.

(3)For the purposes of any proceedings or application under this Act, a certificate signed by the Scottish Ministers which sufficiently identifies the person by reference to the pseudonym is conclusive evidence that the person is authorised to use the pseudonym.

(4)In any proceedings or application under this Act a person in respect of whom a direction under this section is in force must not be asked (and if asked is not required to answer) any question which is likely to reveal his true identity.

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Amendments (Textual)

F15Words in s. 450(1)(a) inserted (6.4.2008 in so far as it does not extend to S., 18.6.2009 for S.) by Serious Crime Act 2007 (c. 27), s. 94(1)(3), Sch. 10 para. 25; S.I. 2008/755, art. 17(1)(d)(iii); S.S.I. 2009/224, art. 2(1)(d)(iii)

Commencement Information

I3S. 450 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

451 [F16Revenue and Customs prosecutions]E+W+S+N.I.

(1)Proceedings for a specified offence may be started [F17by the Director of Revenue and Customs Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and Customs] (the Commissioners).

[F18(2)Where proceedings under subsection (1) are instituted by the Commissioners, the proceedings must be brought in the name of an officer of Revenue and Customs.]

F19(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the Commissioners investigate, or propose to investigate, any matter to help them to decide—

(a)whether there are grounds for believing that a specified offence has been committed, or

(b)whether a person is to be prosecuted for such an offence,

the matter must be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).

(5)This section—

(a)does not prevent any person (including a [F20officer of Revenue and Customs]) who has power to arrest, detain or prosecute a person for a specified offence from doing so;

(b)does not prevent a court from dealing with a person brought before it following his arrest by a [F20officer of Revenue and Customs] for a specified offence, even if the proceedings were not started by an order under subsection (1).

(6)The following are specified offences—

(a)an offence under Part 7;

(b)an offence under section 342;

(c)an attempt, conspiracy or incitement to commit an offence specified in paragraph (a) or (b);

(d)aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (a) or (b).

(7)This section does not apply to proceedings on indictment in Scotland.

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Amendments (Textual)

Modifications etc. (not altering text)

C1S. 451(6)(c) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 44(d) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I4S. 451 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

452 Crown servantsE+W+S+N.I.

(1)The Secretary of State may by regulations provide that any of the following provisions apply to persons in the public service of the Crown.

(2)The provisions are—

(a)the provisions of Part 7;

(b)section 342.

[F21(3)In relation to Northern Ireland, the power to make regulations under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) in relation to persons in the public service of the Crown in right of Her Majesty’s Government in Northern Ireland.]

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Amendments (Textual)

Commencement Information

I5S. 452 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

453 References to financial investigatorsE+W+S+N.I.

(1)The Secretary of State may by order provide that a specified reference in this Act to an accredited financial investigator is a reference to such an investigator who falls within a specified description.

(2)A description may [F22, in particular, ] be framed by reference to a grade designated by a specified person [F23or by reference to particular types of training undertaken] .

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Amendments (Textual)

Commencement Information

I6S. 453 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

[F24453ACertain offences in relation to financial investigatorsE+W+S+N.I.

(1)A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power.

(2)A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power.

(3)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to imprisonment for a term not exceeding 51 weeks; or

(b)to a fine not exceeding level 5 on the standard scale;

or to both.

(4)A person guilty of an offence under subsection (2) is liable on summary conviction—

(a)to imprisonment for a term not exceeding 51 weeks; or

(b)to a fine not exceeding level 3 on the standard scale;

or to both.

(5)In this section “relevant power” means a power exercisable under—

(a)section 45 or 194 (powers to seize property to which restraint orders apply);

(b)section 289 (powers to search for cash);

(c)section 294 (powers to seize cash);

(d)section 295(1) (power to detain seized cash); or

(e)a search and seizure warrant issued under section 352.

(6)In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland—

(a)the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and

(b)the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.]

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Amendments (Textual)

454 Customs officersE+W+S+N.I.

For the purposes of this Act a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2).

455 EnactmentE+W+S+N.I.

In this Act (except in section 460(1)) a reference to an enactment includes a reference to—

(a)an Act of the Scottish Parliament;

(b)Northern Ireland legislation.

GeneralE+W+S+N.I.

456 AmendmentsE+W+S+N.I.

Schedule 11 contains miscellaneous and consequential amendments.

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Commencement Information

I7 S. 456 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.

I8S. 456 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I9S. 456 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.

I10S. 456 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.

457 Repeals and revocationsE+W+S+N.I.

Schedule 12 contains repeals and revocations.

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Commencement Information

I11 S. 457 in force at 30.12.2002 for specified purposes by S.I. 2002/3015, art. 2, Sch.

I12S. 457 in force at 24.2.2003 for specified purposes by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

I13S. 457 in force at 24.3.2003 for specified purposes by S.I. 2003/333, art. 2, Sch.

I14S. 457 in force at 24.3.2003 for specified purposes by S.S.I. 2003/210, art. 2(1)(b)(2), sch.

458 CommencementE+W+S+N.I.

(1)The preceding provisions of this Act (except the provisions specified in subsection (3) [F25or (4)] ) come into force in accordance with provision made by the Secretary of State by order.

(2)But no order may be made [F26by the Secretary of State] which includes provision for the commencement of Part 5, 8 or 10 unless the Secretary of State has consulted the Scottish Ministers.

(3)The following provisions come into force in accordance with provision made by the Scottish Ministers by order after consultation with the Secretary of State—

(a)Part 3;

(b)this Part, to the extent that it relates to Part 3.

[F27(4)Any provision of this Act which provides for the repeal of any provision of the Proceeds of Crime (Northern Ireland) Order 1996 comes into force in accordance with provision made by the Department of Justice in Northern Ireland by order.]

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Subordinate Legislation Made

P1S. 458(1) power partly exercised: 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3015}, art. 2; 30.12.2002 appointed for specified provisions and certain purposes by {S.I. 2002/3145}, art. 2; 13.1.2003 appointed for specified provisions by {S.I. 2002/3055}, art. 2

Amendments (Textual)

459 Orders and regulationsE+W+S+N.I.

(1)References in this section to subordinate legislation are to—

(a)any Order in Council under this Act;

(b)any order under this Act (other than one falling to be made by a court);

(c)any regulations under this Act.

(2)Subordinate legislation—

(a)may make different provision for different purposes;

(b)may include supplementary, incidental, saving or transitional provisions.

(3)Any power to make subordinate legislation is exercisable by statutory instrument [F28 ( [F29other than—

(a)the power of the Advocate General for Northern Ireland to make an order under section 377A(5), and

(b)any power of the Department of Justice in Northern Ireland to make subordinate legislation,

which are] exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))] .

(4)A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than—

(a)an order under section 75(7) or (8), F30... 282, 292(4), [F31302(7B),] 309,[F32339A(7),] 364(4), 377(4) [F33, 377A(5) ] , 436(6), 438(9) or 458;

(b)subordinate legislation made by the Scottish Ministers;

(c)an Order in Council made under section 443 which makes provision only in relation to Scotland.

(5)A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if it contains—

(a)subordinate legislation made by the Scottish Ministers other than an order under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6), 441(9) or 458;

(b)an Order in Council made under section 443 which makes provision only in relation to Scotland.

(6)No order may be made—

(a)by the Secretary of State under section 75(7) or (8), F34... 282, 292(4), [F35302(7B),] 309,[F36339A(7), ] 364(4), 377(4), 436(6) or 438(9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;

[F37(aa)by the Attorney General or the Advocate General for Northern Ireland under section 377A(5) unless a draft of the order has been laid before Parliament and approved by a resolution of each House;]

(b)by the Scottish Ministers under section 142(6) or (7), 293(4), 398(4), 410(4), 439(6) or 441(9) unless a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.

[F38(6A)If a draft of an order under section 302(7B) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it shall proceed in that House as if it were not a hybrid instrument.]

(7)The Scottish Ministers must lay before the Scottish Parliament a copy of every statutory instrument containing an Order in Council made under section 444 or 445.

[F39(7A)Subordinate legislation made by the Department of Justice in Northern Ireland is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) other than an order under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4), 436(6) or 458.

(7B)No order shall be made by the Department of Justice under section 223(7) or (8), 282, 293A(4), 302(7B), 377ZA(4) or 436(6) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7C)The Department of Justice must lay before the Northern Ireland Assembly a copy of every statutory instrument containing an Order in Council under section 444 or 445.

(7D)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (7B) and (7C) in relation to the laying of a draft or copy as it applies in relation to the laying of a statutory document under an enactment.]

[F40(8)In this section references to the Advocate General for Northern Ireland are to be read, before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), as references to the Attorney General for Northern Ireland.]

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Amendments (Textual)

460 FinanceE+W+S+N.I.

(1)The following are to be paid out of money provided by Parliament—

(a)any expenditure incurred by any Minister of the Crown under this Act;

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2)Any sums received by the Secretary of State in consequence of this Act are to be paid into the Consolidated Fund.

[F41(3)Subject to anything in this Act—

(a)any sums received by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office in consequence of this Act are to be paid into the Consolidated Fund; and

(b)any sums received by the Director of Public Prosecutions for Northern Ireland in consequence of this Act are to be paid to the [F42Department of Justice in Northern Ireland].]

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Amendments (Textual)

461 ExtentE+W+S+N.I.

(1)Part 2 extends to England and Wales only.

(2)In Part 8, Chapter 2 extends to England and Wales and Northern Ireland only.

(3)These provisions extend to Scotland only—

(a)Part 3;

(b)in Part 8, Chapter 3.

(4)Part 4 extends to Northern Ireland only.

(5)The amendments in Schedule 11 have the same extent as the provisions amended.

(6)The repeals and revocations in Schedule 12 have the same extent as the provisions repealed or revoked.

462 Short titleE+W+S+N.I.

This Act may be cited as the Proceeds of Crime Act 2002.

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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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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
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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 enacted 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