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The Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2006

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Statutory Instruments

2006 No. 1699

PROCEEDS OF CRIME

The Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2006

Made

28th June 2006

Laid before Parliament

4th July 2006

Coming into force

31st July 2006

The Secretary of State, in exercise of the powers conferred upon him by section 303 of the Proceeds of Crime Act 2002(1) and after consultation with the Scottish Ministers, makes the following Order:

1.  This Order may be cited as the Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2006 and shall come into force on 31st July 2006.

2.  The minimum amount specified for the purposes of Chapter 3 (recovery of cash in summary proceedings) of Part 5 (civil recovery of the proceeds etc. of unlawful conduct) of the Proceeds of Crime Act 2002 is £1,000.

3.  The Proceeds of Crime Act 2002 (Recovery of Cash in Summary Proceedings: Minimum Amount) Order 2004(2) is revoked.

Vernon Coaker

Parliamentary Under Secretary of State

Home Office

28th June 2006

Explanatory Note

(This note is not part of the Order)

Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 permits the search for, and seizure, detention and forfeiture of, cash derived from, or intended for use in, unlawful conduct. These powers are limited to cash which amounts to at least the minimum amount. Article 2 of this Order specifies the minimum amount as £1,000. That amount was previously £5,000. This was specified by the Order revoked by article 3 of this Order.

(2)

S.I. 2004/420.

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