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Serious Crime Act 2007

Territorial Extent

10.The majority of the Act's provisions extend to England and Wales, while certain provisions also extend to Scotland and Northern Ireland. The Act addresses both reserved and devolved matters.  A number of provisions extend to Scotland only or Northern Ireland only.  Section 93 provides detail of the extent of provisions within the Act.

11.Part 1 (Serious Crime Prevention Orders) and Part 2 (encouraging or assisting crime) mainly extend to England and Wales and Northern Ireland.  Sections 68 to 72 (sharing information with anti-fraud organisations), section 74 and Schedules 8 and 9 (abolition of Assets Recovery Agency and redistribution of functions etc.) and section 88 and Schedule 12 (regulation of investigatory powers) mainly extend throughout the UK.  Section 73 and Schedule 7 (data matching) make separate provision for England, Wales and Northern Ireland.  Sections 75 to 86 and Schedules 10 and 11 (detained cash investigations, extension of powers of accredited financial investigators, civil recovery management receivers and power of forced entry) have the same extent as the provisions which they amend (some of which have a UK extent and some of which have a more limited extent).  Section 84 extends throughout the UK. Section 87 (extension of police powers to stop and search for dangerous instruments and offensive weapons) extends to England and Wales only.

12.The Scottish Parliament's consent has been obtained for the provisions in the Act relating to the creation of an offence of breach of a Serious Crime Prevention Order (with reference to Part 1 of the Act) and detained cash investigations and power of forced entry (with reference to Part 3 Chapter 2), which trigger the Sewel Convention.   The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

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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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