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Serious Crime Act 2007

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Changes over time for: Cross Heading: Commissioners for Revenue and Customs Act 2005 (c. 11)

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Commencement Orders yet to be applied to the Serious Crime Act 2007

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This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Commissioners for Revenue and Customs Act 2005 (c. 11)E+W+S+N.I.

164In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—E+W+S+N.I.

(a)omit “or” at the end of sub-paragraph (i); and

(b)after sub-paragraph (ii) insert , or

“(iii)in the case of the Director of Revenue and Customs Prosecutions, to exercise his functions under, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29).

165After section 35(4) of that Act (functions of the Director of Revenue and Customs Prosecutions) insert—E+W+S+N.I.

(4A)The Director has the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations).

166In section 37(1) of that Act (prosecutors) after “section 35” insert “ (excluding any function mentioned in subsection (4A) of that section) ”.E+W+S+N.I.

167(1)Section 40 of that Act (confidentiality) is amended as follows.E+W+S+N.I.

(2)In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—

(ca)does not apply to a disclosure made for the purposes of—

(i)the exercise of any functions of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (c. 29),

(ii)the exercise of any functions of the Serious Organised Crime Agency under that Act,

(iii)the exercise of any functions of the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland or the Scottish Ministers under, or in relation to, Part 5 or 8 of that Act,

(iv)the exercise of any functions of an officer of Revenue and Customs or a constable under Chapter 3 of Part 5 of that Act, or

(v)investigations or proceedings outside the United Kingdom which have led or may lead to the making of an external order within the meaning of section 447 of that Act,

(cb)does not apply to a disclosure of information obtained in the exercise of functions under the Proceeds of Crime Act 2002 (c. 29) if the disclosure is made for the purposes of the exercise of a function which the Secretary of State thinks is a public function and which he designates by order,.

(3)After subsection (10) insert—

(10A)An order under subsection (2)(cb)—

(a)may include transitional or incidental provision,

(b)shall be made by statutory instrument, and

(c)shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

168In section 41(1) of that Act (disclosure of information to Director of Revenue and Customs Prosecutions) after “prosecution” insert “ or for the purpose of the exercise by the Director of his functions under the Proceeds of Crime Act 2002 (c. 29) ”.E+W+S+N.I.

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