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The Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017

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Statutory Instruments

2017 No. 4 (C. 1)

Proceeds Of Crime

The Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017

Made

9th January 2017

The Secretary of State makes this Order in exercise of the powers conferred by sections 60(a) and 61(2) of the Crime and Courts Act 2013(1).

In accordance with section 61(10) of that Act, the Secretary of State has consulted the Scottish Ministers in relation to the commencement of section 49 of, and the provisions commenced by this Order in Schedule 19 to, that Act.

Citation, interpretation and extent

1.—(1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017.

(2) In this Order—

“the 2002 Act” means the Proceeds of Crime Act 2002(2);

“the 2013 Act” means the Crime and Courts Act 2013; and

“civil recovery investigation” means an investigation within the meaning of section 341(2) and (3) of the 2002 Act (investigations)(3).

Provisions coming into force on 1st February 2017

2.  Paragraphs 1 to 13, 24 to 27, 29 and 30 of Schedule 19 to the 2013 Act(4), and section 49 of that Act insofar as it relates to those paragraphs, come into force in relation to Northern Ireland on 1st February 2017, so far as not already in force.

Savings

3.—(1) The commencement by article 2 of section 49 of, and paragraphs 2 to 13 of Schedule 19 to, the 2013 Act has no effect in relation to—

(a)any application for an order under Part 8 of the 2002 Act (investigations) relating to a civil recovery investigation made before 1st February 2017;

(b)any order made under Part 8 of the 2002 Act in relation to a civil recovery investigation—

(i)which is in existence on the coming into force of this Order; or

(ii)as the result of an application mentioned in sub-paragraph (a);

(c)any application for a search and seizure warrant under section 352 of the 2002 Act in relation to a civil recovery investigation made before 1st February 2017;

(d)any search and seizure warrant issued under section 352 of the 2002 Act in relation to a civil recovery investigation—

(i)which is in existence on the coming into force of this Order; or

(ii)as the result of an application mentioned in sub-paragraph (c);

(e)any power of seizure under a search and seizure warrant mentioned in sub-paragraph (d); and

(f)any proceedings arising in relation to—

(i)an application mentioned in sub-paragraphs (a) or (c);

(ii)an order mentioned in sub-paragraph (b);

(iii)a search and seizure warrant mentioned in sub-paragraph (d); or

(iv)a power of seizure mentioned in sub-paragraph (e).

(2) The proceedings mentioned in paragraph (1)(f) are not to be regarded as concluded until there is no further possibility of any appeal in relation to those proceedings.

Ben Wallace

Minister of State

Home Office

9th January 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This is the sixteenth commencement order made under the Crime and Courts Act 2013 (c.22), and it brings into force in Northern Ireland the following provisions of that Act on 1st February 2017, so far as they are not already commenced.

Section 49 introduces Schedule 19. Paragraphs 1 to 13 of Part 1 of Schedule 19 concern civil recovery investigations under Part 8 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and, amongst other things, they clarify that the focus of an investigation can be a person or property and that there can be an investigation into property that has not yet been clearly identified.

Paragraphs 24 to 27 of Part 2 of Schedule 19, amongst other things, insert sections 375A and 375B into the 2002 Act. These provisions relate to investigations in England and Wales and Northern Ireland. The provisions allow evidence to be obtained from a court, tribunal, government or authority outside the United Kingdom if a person or property is subject to a civil recovery investigation, a detained cash investigation or an exploitation proceeds investigation (as defined in section 341 of the 2002 Act). Evidence obtained must not be used, without consent, for any other purpose other than for the purpose of the investigation for which it was obtained or for the purposes of certain proceedings. Paragraph 29 amends section 378 of the 2002 Act to provide a definition of a “senior appropriate officer” in respect of a detained cash investigation carried out by immigration officers. Paragraph 30 makes a similar amendment in respect of an exploitation proceeds investigation carried out by the National Crime Agency.

Article 3 makes savings in relation to the commencement of section 49 and paragraphs 2 to 13 of Schedule 19, so that commencement of those provisions has no effect in relation to:

(a)undetermined applications made before 1st February 2017 for orders and search and seizure warrants relating to civil recovery investigations;

(b)orders and search and seizure warrants relating to civil recovery investigations which are in existence on the coming into force of this Order, or which are made as the result of an application mentioned in (a);

(c)powers of seizure arising under a warrant mentioned in (a) or (b);

(d)proceedings arising in relation to any of the above (including appeal proceedings).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force to their fullest extent (unless indicated otherwise) by commencement order made by the Secretary of State before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 1(1) and (2)27th May 20132013/1042
Section 1(3) to (11)7th October 20132013/1682
Section 1(12) (partially)27th May 20132013/1042
Section 1(12), so far as not already in force7th October 20132013/1682
Section 27th October 20132013/1682
Section 327th May 20132013/1042
Section 4(1)7th October 20132013/1682
Section 4(2) to (9)27th May 20132013/1042
Section 4(10) (partially)27th May 20132013/1042
Section 4(10), so far as not already in force7th October 20132013/1682
Section 5(1) to (9), (11) and (12)7th October 20132013/1682
Section 5(10) (partially)8th May 20132013/1042
Section 5(10), so far as not already in force7th October 20132013/1682
Section 6(1), (3) and (4)7th October 20132013/1682
Section 6(2)27th May 20132013/1042
Section 77th October 20132013/1682
Section 8(1) to (5)7th October 20132013/1682
Section 8(6) (partially)8th May 20132013/1042
Section 8(6), so far as not already in force7th October 20132013/1682
Section 9(1) to (3) and (5) to (8)7th October 20132013/1682
Section 9(4) (partially)8th May 20132013/1042
Section 9(4) (partially)27th May 20132013/1042
Section 9(4), so far as not already in force7th October 20132013/1682
Section 107th October 20132013/1682
Section 11(1) to (5), (7) and (8)7th October 20132013/1682
Section 11(6) (partially)8th May 20132013/1042
Section 11(6), so far as not already in force7th October 20132013/1682
Section 11(9) (partially)8th May 20132013/1042
Section 11(9), so far as not already in force7th October 20132013/1682
Section 127th October 20132013/1682
Section 137th October 20132013/1682
Section 148th May 20132013/1042
Section 15(1) and (2)7th October 20132013/1682
Section 15(3) (partially)8th May 20132013/1042
Section 15(3) (partially)27th May 20132013/1042
Section 15(3) (partially)7th October 20132013/1682
Section 168th May 20132013/1042
Section 17(4)4th September 20132013/2200
Section 17(5) (partially)1st October 20132013/1725
Section 17, so far as not already in force22nd April 20142014/954
Section 181st June 20152015/813
Section 20 (partially)15th July 20132013/1725
Section 20 (partially)4th September 20132013/2200
Section 20 (partially)1st October 20132013/2200
Section 211st October 20132013/2200
Section 221st November 20132013/2200
Section 2315th July 20132013/1725
Section 247th January 20142013/3176
Section 25(4) (partially)15th July 20132013/1725
Section 25(5) and (8)15th July 20132013/1725
Section 25, so far as not already in force6th April 20142014/830
Section 2711th December 20132013/2981
Section 2822nd April 20142014/954
Section 2915th July 20132013/1725
Section 301st October 20132013/2200
Section 3215th July 20132013/1725
Section 41 (partially)3rd November 20152015/1837
Section 42 (partially)3rd November 20152015/1837
Section 44 (partially)11th December 20132013/2981
Section 44 (partially)17th October 20162016/962
Section 4524th February 20142014/258
Section 46(1) and (5) (partially)20th March 20152015/813
Section 46(6) and (7)20th March 20152015/813
Section 46, so far as not already in force1st June 20152015/813
Section 4720th March 20152015/813
Section 48, so far as not already in force1st June 20152015/964
Section 49 (partially)22nd November 20142014/3098
Section 49 (partially)1st June 20152015/964
Section 50 (partially)29th July 20132013/1682
Section 50 (partially)18th September 20132013/2349
Section 50 (partially) as to England and Wales and Northern Ireland14th October 20132013/2349
Section 518th May 20132013/1042
Section 5225th June 20132013/1042
Section 5325th June 20132013/1042
Section 5425th June 20132013/1042
Section 55(1) and (2)25th June 20132013/1042
Section 55(3) (partially)25th June 20132013/1042
Section 55(4)22nd November 20142014/3098
Section 55(5)25th June 20132013/1042
Section 55(6) to (13)25th June 20132013/1042
Section 55(14) (partially)25th June 20132013/1042
Section 55, so far as not already in force22nd November 20142014/3098
Section 56 as to England and Wales2nd March 20152014/3268
Section 571st February 20142013/2981
Schedule 1, paragraph 727th May 20132013/1042
Schedule 1, so far as not already in force7th October 20132013/1682
Schedule 2, paragraphs 1, 4 and 527th May 20132013/1042
Schedule 2, so far as not already in force7th October 20132013/1682
Schedule 3, paragraph 348th May 20132013/1042
Schedule 3, so far as not already in force7th October 20132013/1682
Schedule 4, paragraph 18th May 20132013/1042
Schedule 4, so far as not already in force7th October 20132013/1682
Schedule 5, paragraphs 5, 27, 28, 29 and 308th May 20132013/1042
Schedule 5, paragraph 427th May 20132013/1042
Schedule 5, so far as not already in force7th October 20132013/1682
Schedule 6, paragraphs 5(5) and (6)8th May 20132013/1042
Schedule 6, so far as not already in force7th October 20132013/1682
Schedule 77th October 20132013/1682
Schedule 8, paragraphs 1 to 5 and 138th May 20132013/1042
Schedule 8, paragraphs 101 to 10327th May 20132013/1042
Schedule 8, paragraphs 6 to 10, 12, 14 to 100 and 104 to 1907th October 20132013/1682
Schedule 9, paragraphs 21(1) and (2), 27 and 301st October 20132013/1725
Schedule 9, so far as not already in force22nd April 20142014/954
Schedule 1022nd April 20142014/954
Schedule 1122nd April 20142014/954
Schedule 121st June 20152015/813
Schedule 13, Part 11st October 20132013/2200
Schedule 13, Parts 2, 6 and 715th July 20132013/1725
Schedule 13, Part 34th September 20132013/2200
Schedule 13, paragraphs 29 to 40, 41(1) to (3), 41(4) (partially), 41(5) and (6), 42 to 48, 49(1) to (5), 49(6)(a) (partially), 49(6)(b) and 50 to 811st October 20132013/2200
Schedule 141st October 20132013/2200
Schedule 15 (partially)3rd November 20152015/1837
Schedule 16, Parts 1 to 3 and 5 to 7, and so far as extending to the United Kingdom, Part 8 (except paragraph 37)11th December 20132013/2981
Schedule 16, Part 4, in relation to certain specified areas17th October 20162016/962
Schedule 1724th February 20142014/258
Schedule 18, Part 11st June 20152015/964
Schedule 19, paragraphs 24, 26 and 28 (all partially)22nd November 20142014/3098
Schedule 19 Parts 1 to 3 (partially)1st June 20152015/964
Schedule 20, paragraphs 3 and 6 (partially)18th September 20132013/2349
Schedule 20, paragraphs 10 to 15 as to England and Wales29th July 20132013/1682
Schedule 20, paragraphs 16 to 2929th July 20132013/1682
Schedule 20, Part 1, so far as not already in force as to England and Wales and Northern Ireland14th October 20132013/2349
Schedule 20, Part 2, as to Northern Ireland14th October 20132013/2349
Schedule 21, paragraphs 1 to 1325th June 20132013/1042
Schedule 21, paragraph 14 (partially)25th June 20132013/1042
Schedule 21, paragraph 14 (so far as not already in force)22nd November 20142014/3098
Schedule 21, paragraphs 15 to 1822nd November 20142014/3098
Schedule 21, paragraph 1925th June 20132013/1042
Schedule 21, paragraphs 20 to 2922nd November 20142014/3098
Schedule 21, paragraphs 30 to 3825th June 20132013/1042
Schedule 21, paragraphs 39 to 5025th June 20132013/1042
Schedule 22 as to England and Wales2nd March 20152014/3268
(1)

2013 c. 22. There are amendments to section 61 which are not relevant to this Order.

(3)

Section 341(2) and (3) were substituted by section 49(a) of, and paragraphs 1 and 2 of Part 1 of Schedule 19 to, the Crime and Courts Act 2013.

(4)

The headings to paragraphs 4, 6, 8, 10 and 12 of Schedule 19 were amended by S.I. 2015/798.

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