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Proceeds of Crime Act 2002
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- 2002 c. 29
- SCHEDULE 11
- Section 39
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- Sch. 11 para. 39 Coming into force by S.S.I. 2003/210 art. 2(b) Sch. (commencement order for 2002 c. 29)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2009/317 art. 3 Sch.
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A-2C inserted by 2007 c. 27 Sch. 8 para. 124
- s. 2C(3A) inserted by 2007 c. 27 s. 84(2)
- s. 41A inserted by 2009 c. 26 s. 52(2)
- s. 44A inserted by 2009 c. 26 s. 52(3)
- s. 47A-47S and cross-heading inserted by 2009 c. 26 s. 55(2)
- s. 67A-67D inserted by 2009 c. 26 s. 58(2)
- s. 87A inserted by 2009 c. 26 Sch. 7 para. 70
- s. 120A inserted by 2009 c. 26 s. 53(2)
- s. 122A inserted by 2009 c. 26 s. 53(3)
- s. 127A-127R and cross-heading inserted by 2009 c. 26 s. 56(2)
- s. 131A-131D inserted by 2009 c. 26 s. 59(2)
- s. 153A inserted by 2009 c. 26 Sch. 7 para. 73
- s. 190A inserted by 2009 c. 26 s. 54(2)
- s. 193A inserted by 2009 c. 26 s. 54(3)
- s. 195A-195T amendment to earlier affecting provision 2009 c. 26 s. 57(2) by S.I. 2012/2595 art. 18
- s. 195A-195S and cross-heading inserted by 2009 c. 26 s. 57(2)
- s. 195N(1) word substituted by 2011 c. 24 (N.I.) Sch. 7 para. 11
- s. 215A-215D inserted by 2009 c. 26 s. 60(2)
- s. 235A inserted by 2009 c. 26 Sch. 7 para. 77
- s. 245A-245D and cross-heading inserted by 2005 c. 15 s. 98(1)
- s. 245C(6)(b) words substituted by 2012 c. 10 Sch. 5 para. 59
- s. 245E-245G inserted by 2007 c. 27 s. 83(1)
- s. 255A-255F and cross-heading inserted by 2005 c. 15 s. 98(2)
- s. 286A 286B inserted by 2005 c. 15 Sch. 6 para. 20
- s. 293A inserted by S.I. 2010/976 Sch. 14 para. 61
- s. 297A-297G and cross-heading inserted by 2009 c. 26 s. 65(1)
- s. 302A inserted by 2007 c. 27 s. 84(1)
- s. 302A(1) words inserted by 2007 c. 27 Sch. 11 para. 12(2)(a)
- s. 302A(1) words inserted by 2007 c. 27 Sch. 11 para. 12(2)(b)
- s. 302A(4) inserted by 2007 c. 27 Sch. 11 para. 12(3)
- s. 303A inserted by 2007 c. 27 Sch. 11 para. 13
- s. 333A-333E inserted by S.I. 2007/3398 Sch. 2 para. 4
- s. 339ZA inserted by S.I. 2007/3398 Sch. 2 para. 7
- s. 377A inserted by 2007 c. 27 Sch. 8 para. 115
- s. 377ZA 377ZB inserted by S.I. 2010/976 Sch. 14 para. 68
- s. 399A and cross-heading inserted by 2005 c. 15 s. 103(5)
- s. 449A inserted by 2007 c. 27 Sch. 8 para. 118
- s. 453A inserted by 2007 c. 27 s. 81(2)
- s. 453A(5)(a) substituted by 2009 c. 26 Sch. 7 para. 94
Commencement Orders yet to be applied to the Proceeds of Crime Act 2002:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2004/786 art. 2 3 commences (2003 c. 32)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/2066 art. 2 commences (2003 c. 39)
- S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
- S.I. 2005/695 art. 2 commences (2004 c. 35)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1267 art. 2 Sch. commences (2003 c. 44)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2026 art. 2 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/2455 art. 2 Sch. commences (2005 c. 19)
- S.I. 2005/3136 art. 2 3 commences (2005 c. 15)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1085 art. 2-4 commences (2005 c. 15)
- S.I. 2006/1835 art. 2 commences (2003 c. 44)
- S.I. 2006/2406 art. 2 commences (2004 c. 11)
- S.I. 2006/2811 art. 2 3 commences (2002 c. 32)
- S.I. 2006/3422 art. 2 commences (2003 c. 44)
- S.I. 2007/2874 art. 2 commences (2003 c. 44)
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/82 art. 2 commences (2008 c. 30)
- S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1256 art. 2 commences (2008 c. 28)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2605 art. 2 commences (2003 c. 32)
- S.I. 2009/3096 art. 2-4 commences (2009 c. 26)
- S.I. 2010/128 art. 2 commences (2006 c. 18)
- S.I. 2010/495 art. 4(d) commences (2006 c. 18)
- S.I. 2010/606 art. 2 commences (2007 c. 30)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.S.I. 2003/210 art. 2 Sch. commences (2002 c. 29)
- S.S.I. 2004/494 art. 2 commences (2004 c. 19)
- S.S.I. 2008/115 art. 3 commences (2007 asp 3)
- S.S.I. 2008/152 art. 2 commences (2007 c. 27)
- S.S.I. 2009/67 art. 3(2) Sch. 1 Sch. 2 commences (2007 asp 3)
- S.S.I. 2009/224 art. 2 commences (2007 c. 27)
- S.R. 2005/4 art. 3 commences (S.I. 2004/702 (N.I.))
- S.R. 2008/510 art. 2 commences (S.I. 2008/1769 (N.I.))
- S.R. 2009/22 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2012/119 art. 2 commences (2008 c. 13 (N.I.))
Terrorism Act 2000 (c. 11)E+W+S+N.I.
39(1)Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
(2)In paragraph 8 (authorisation of delay in exercise of detained person’s rights) for sub-paragraph (5) substitute—
“(5)An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—
(a)the detained person has benefited from his criminal conduct, and
(b)the recovery of the value of the property constituting the benefit will be hindered by—
(i)informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or
(ii)the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).
(5A)For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.”
(3)In paragraph 17(3) (grounds for authorising delay or requiring presence of senior officer), in paragraph (d) for “Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995” substitute “ Part 2 or 3 of the Proceeds of Crime Act 2002 ”.
(4)For paragraph 17(4) (further grounds for authorising delay in exercise of detained person’s rights) substitute—
“(4)This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—
(a)the detained person has benefited from his criminal conduct, and
(b)the recovery of the value of the property constituting the benefit will be hindered by—
(i)informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)), or
(ii)the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)).
(4A)For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.”
(5)In paragraph 34 (authorisation for withholding information from detained person) for sub-paragraph (3) substitute—
“(3)A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—
(a)the detained person has benefited from his criminal conduct, and
(b)the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.
(3A)For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002.”
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