The Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2003

Statutory Instruments

2003 No. 334

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2003

Made

20th February 2003

Coming into force in accordance with article 1

Whereas—

(1) in pursuance of section 377 of the Proceeds of Crime Act 2002(1) (“the Act”), the Secretary of State is required to prepare a code of practice in connection with the exercise of functions under Chapter 2 of Part 8 of the Act (investigations—England and Wales and Northern Ireland);

(2) in pursuance of section 377(2) of the Act, the Secretary of State has published a draft of the code of practice, has considered representations made to him about the draft and has amended the draft accordingly;

(3) in pursuance of section 377(3) of the Act, the Secretary of State has laid the code of practice before Parliament;

(4) a draft of this Order has been laid before Parliament and approved by a resolution of each House, in accordance with section 459(6)(a) of the Act;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 377(4) of the Act, hereby makes the following Order:

1.  This Order may be cited as the (Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland; Code of Practice) Order 2003 and shall come into force on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.

2.  The code of practice entitled “Code of Practice issued under section 377 of the Proceeds of Crime Act 2002” laid before Parliament on 16th January 2003 shall come into operation on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which this Order is made.

Filkin

Parliamentary Under-Secretary of State

Home Office

20th February 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into operation, on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which this Order is made, the code of practice made pursuant to section 377 of the Proceeds of Crime Act 2002 (“the Act”) as to the exercise of functions under Chapter 2 of Part 8 of the Act.

Chapter 2 of Part 8 of the Act provides for various orders and warrants to be issued for the purposes of confiscation investigations, money laundering investigations and civil recovery investigations.

(1)

2002 c. 29.