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Proceeds of Crime Act 2002
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- 2002 c. 29
- Part 2
- Restraint orders
- Section 40
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Changes and effects yet to be applied to Section 40:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 40(4)(a) text amended by 2007 c. 27 Sch. 8 para. 22(2) Sch. 14
- s. 40(5)(a) text amended by 2007 c. 27 Sch. 8 para. 22(3) Sch. 14
- s. 40(6)(a) text amended by 2007 c. 27 Sch. 8 para. 22(4) Sch. 14
- s. 40(8)(b) text amended by 2007 c. 27 Sch. 8 para. 22(5) Sch. 14
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
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 applied (with modifications) by S.I. 2011/245 Sch. 6 Pt. 1
- 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 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 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-195S inserted by 2009 c. 26 s. 57(2)
- s. 195N(1) text amended 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 inserted by 2005 c. 15 s. 98(1)
- s. 245E-245G inserted by 2007 c. 27 s. 83(1)
- s. 255A-255F 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 inserted by 2009 c. 26 s. 65(1)(4)
- s. 302A inserted by 2007 c. 27 s. 84(1)
- s. 302A(1) text amended by 2007 c. 27 Sch. 11 para. 12(2)
- 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 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:
Commencement Orders
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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. 2003/333 art. 2 commences (2002 c. 29)
- 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. 2005/910 art. 3 commences (2003 c. 39)
- 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. 2006/281 art. 2 commences (2003 c. 32)
- 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 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- 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. 3 4 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 Comencement Order
- S.S.I. 2003/210 art. 2 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 Sch. 1 Sch. 2 commences (2007 asp 3)
- S.S.I. 2009/224 art. 2 commences (2007 c. 27)
- S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
- 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.))
Prospective
40 Conditions for exercise of powersE+W
This section has no associated Explanatory Notes
(1)The Crown Court may exercise the powers conferred by section 41 if any of the following conditions is satisfied.
(2)The first condition is that—
(a)a criminal investigation has been started in England and Wales with regard to an offence, and
(b)there is reasonable cause to believe that the alleged offender has benefited from his criminal conduct.
(3)The second condition is that—
(a)proceedings for an offence have been started in England and Wales and not concluded, and
(b)there is reasonable cause to believe that the defendant has benefited from his criminal conduct.
(4)The third condition is that—
(a)an application by the prosecutor or the Director has been made under section 19, 20, 27 or 28 and not concluded, or the court believes that such an application is to be made, and
(b)there is reasonable cause to believe that the defendant has benefited from his criminal conduct.
(5)The fourth condition is that—
(a)an application by the prosecutor or the Director has been made under section 21 and not concluded, or the court believes that such an application is to be made, and
(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the defendant’s benefit exceeds the relevant amount (as defined in that section).
(6)The fifth condition is that—
(a)an application by the prosecutor or the Director has been made under section 22 and not concluded, or the court believes that such an application is to be made, and
(b)there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).
(7)The second condition is not satisfied if the court believes that—
(a)there has been undue delay in continuing the proceedings, or
(b)the prosecutor does not intend to proceed.
(8)If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that—
(a)there has been undue delay in continuing the application, or
(b)the prosecutor or the Director (as the case may be) does not intend to proceed.
(9)If the first condition is satisfied—
(a)references in this Part to the defendant are to the alleged offender;
(b)references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;
(c)section 77(9) has effect as if proceedings for the offence had been started against the defendant when the investigation was started.
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