The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016

Amendment of article 33 (applications for discharge and variation and Code of Practice)

3.  In article 33 (applications for discharge and variation and Code of Practice)—

(a) in paragraph (3)—

(i) omit “or in Northern Ireland”;

(ii) after “made” in the second place it appears insert “by the Department of Justice in Northern Ireland under section 377ZA(4)(1) of the Act, or”;

(b) after paragraph (3), insert—

“(3A) The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—

(a) an English or Welsh appropriate officer except for an accredited financial investigator or a constable of a police force in England and Wales; or

(b) a Northern Ireland appropriate officer except for an accredited financial investigator or a constable of the Police Service of Northern Ireland.

(3B) The Code of Practice for the time being in operation by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—

(a) an English or Welsh accredited financial investigator or a constable of a police force in England and Wales;

(b) a Northern Ireland accredited financial investigator or a constable of the Police Service of Northern Ireland; or

(c) a constable of a police force in Scotland,

and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act, or by virtue of an order made by the Scottish Ministers under section 410(4) of the Act, does not apply in such circumstances.”;

(c) in paragraph (4), after “section 377(4) of the Act”, insert “, or by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act,”.

(1)

Section 377ZA was inserted by article 12 of, and paragraphs 47 and 68 of Schedule 14 to, S.I. 2010/976.