- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
You are here:
- Offerynnau Statudol y Deyrnas Unedig
- 2002 No. 2326
- Whole Instrument
- Blaenorol
- Nesaf
Pa Fersiwn
Nodweddion Uwch
- Dangos Graddfa Ddaearyddol(e.e. Lloegr, Cymru, Yr Alban aca Gogledd Iwerddon)
- Dangos Llinell Amser Newidiadau
Dewisiadau Agor
Rhagor o Adnoddau
Changes over time for: The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
Alternative versions:
Status:
This version of this Instrument contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
- art. 1 coming into force by S.I. 2002/2326 art. 1
- art. 2 coming into force by S.I. 2002/2326 art. 1
- art. 2 words substituted by S.I. 2005/3389 art. 17
- art. 2 words substituted by S.I. 2007/3224 Sch. para. 33(1)(a)
- art. 2 words substituted by S.I. 2007/3224 Sch. para. 33(1)(b)
- art. 2 words substituted by S.I. 2007/3224 Sch. para. 33(1)(c)
- art. 2 words substituted by S.I. 2009/2748 Sch. para. 23(1)(a)
- art. 2 words substituted by S.I. 2009/2748 Sch. para. 23(1)(b)
- art. 2 words substituted by S.I. 2009/2748 Sch. para. 23(1)(c)
- art. 2 words substituted by S.I. 2016/992 Sch. para. 26(2)(a)
- art. 2 words substituted by S.I. 2016/992 Sch. para. 26(2)(b)
- art. 2 words substituted by S.I. 2016/992 Sch. para. 26(2)(c)
- art. 2 words substituted by S.I. 2023/424 Sch. para. 36(2)(a)
- art. 2 words substituted by S.I. 2023/424 Sch. para. 36(2)(b)
- art. 2 words substituted by S.I. 2023/424 Sch. para. 36(2)(c)
- art. 3 coming into force by S.I. 2002/2326 art. 1
- art. 3 heading words substituted by S.I. 2009/2748 Sch. para. 23(2)
- art. 3 heading words substituted by S.I. 2016/992 Sch. para. 26(3)
- art. 3 heading words substituted by S.I. 2023/424 Sch. para. 36(3)
- art. 3(1)(b) and heading words substituted by S.I. 2007/3224 Sch. para. 33(2)
- art. 3(1)(b) words substituted by S.I. 2009/2748 Sch. para. 23(2)
- art. 3(1)(b) words substituted by S.I. 2016/992 Sch. para. 26(3)
- art. 3(1)(b) words substituted by S.I. 2023/424 Sch. para. 36(3)
- art. 4 coming into force by S.I. 2002/2326 art. 1
- art. 4 words substituted by S.I. 2007/3224 Sch. para. 33(3)(a)
- art. 4 words substituted by S.I. 2009/2748 Sch. para. 23(3)(a)
- art. 4 words substituted by S.I. 2016/992 Sch. para. 26(4)(a)
- art. 4 words substituted by S.I. 2023/424 Sch. para. 36(4)(a)
- art. 4 words substituted by S.I. 2023/424 Sch. para. 36(4)(b)
- art. 4(5)(b)-(d) words substituted by S.I. 2007/3224 Sch. para. 33(3)(b)
- art. 4(5)(b)(c)(d) words substituted by S.I. 2009/2748 Sch. para. 23(3)(b)
- art. 4(5)(b) words substituted by S.I. 2016/992 Sch. para. 26(4)(b)
- art. 4(5)(c) words substituted by S.I. 2016/992 Sch. para. 26(4)(b)
- art. 4(5)(d) words substituted by S.I. 2016/992 Sch. para. 26(4)(b)
Prospective
Statutory Instruments
2002 No. 2326
CRIMINAL LAW, ENGLAND AND WALES
The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
Made
10th September 2002
Laid before Parliament
11th September 2002
Coming into force
14th October 2002
The Secretary of State for Trade and Industry in exercise of the powers conferred on her by section 114A of the Police and Criminal Evidence Act 1984(1) hereby makes the following Order:
Prospective
Title and commencementE+W
1. This Order may be cited as the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 and shall come into force on 14th October 2002.
Commencement Information
I1Art. 1 in force at 14.10.2002, see art. 1
DefinitionsE+W
2. In this Order—
“the Act” means the Police and Criminal Evidence Act 1984;
“DTI investigator” means an officer of the department of the Secretary of State for Trade and Industry or any other person acting on that Secretary of State’s behalf; and
“DTI investigation” means an investigation which relates to a serious arrestable offence or to anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable offence, conducted by a DTI investigator in the discharge of a duty to investigate offences.
Commencement Information
I2Art. 2 in force at 14.10.2002, see art. 1
Application of certain provisions of the Act to DTI investigationsE+W
3.—(1) Subject to the modifications set out in article 4—
(a)the provisions of Schedule 1 to the Act so far as they relate to special procedure material, and
(b)the other provisions of the Act so far as they relate to the provisions falling within sub-paragraph (a) of this paragraph, shall apply for the purposes of DTI investigations as they apply for the purposes of investigations of offences conducted by police officers.
(2) The investigations for the purpose of which the provisions of the Act referred to in paragraph (1) are applied by this Order include investigations of offences committed, or suspected of having been committed, before the coming into force of this Order or of section 114A of the Act.
Commencement Information
I3Art. 3 in force at 14.10.2002, see art. 1
ModificationsE+W
4.—(1) For the purposes of article 3, the modifications are as follows.
(2) Section 9 shall have effect as if the word “constable” in section 9(1) were omitted and replaced by the words “DTI investigator”.
(3) Section 15 of the Act shall have effect as if the word “DTI investigator or” were inserted before the word “constable” where it appears in section 15(2) and (4).
(4) Section 20 shall have effect as if after the word “ constable” were inserted the words “or a DTI investigator”.
(5) Section 21 shall have effect as if—
(a)the words “or DTI investigator” were inserted after the word “constable” wherever it appears;
(b)in section 21(3) the word “police” was omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
(c)the words “or DTI investigator” were inserted after the word “officer” where it appears in section 21(2) and where it appears for the second time in both section 21(3) and section 21(4) was omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
(d)the words “officer in charge of an investigation” were omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
(e)in section 21(8) the words “lawfully seized by a constable or a DTI investigator” were inserted between the words “anything” and “if” and the words “for the purposes of which it was seized” were omitted;
(f)in section 21(8)(a) the words “that investigation” were omitted and replaced by the words “the investigation of the offence for the purposes of which the warrant was granted”; and
(g)in section 21(8)(a)(i) the words “of which he is in charge” were omitted and replaced by the words “mentioned in paragraph (a) above”.
(6) Section 22(1) shall have effect as if the words “or a DTI investigator” were inserted after the word “constable” wherever it appears.
(7) Schedule 1 shall have effect as if—
(a)in paragraphs 1, 4, 5, 11 whenever it appears and where it appears for the first time in paragraph 12 the word “constable” was omitted and replaced by the words “DTI investigator”;
(b)in paragraph 1 the words “one or other of the sets of access conditions is” were omitted and replaced by the words “the access conditions are”;
(c)in paragraph 2 the words “first set of access conditions is” were omitted and replaced by the words “access conditions are”;
(d)paragraph 3 were omitted ;
(e)in paragraph 6 the words “or a DTI investigator” were inserted after the word “constable”;
(f)in paragraph 12(a)(i) the words “either set of” were omitted and replaced by the word “the” and the word “is” was omitted and replaced by the word “are”;
(g)the word “or” in paragraph 12(a)(ii) was omitted;
(h)paragraph 12(b) were omitted;
(i)after the word “constable” where it appears for the second time in paragraph 12, the words “together with any other person named in it and any other constables” were inserted; and
(j)in paragraph 13 the words “or a DTI investigator named in the warrant” were inserted after the word “constable”.
Commencement Information
I4Art. 4 in force at 14.10.2002, see art. 1
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
10th September 2002
Prospective
Explanatory Note
(This note is not part of the Order)
This Order vests in an investigator appointed by the Secretary of State for Trade and Industry, when investigating a serious arrestable offence or anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable offence, the powers set out in the Police and Criminal Evidence Act 1984 (“the Act”) for a constable to apply to a circuit judge for (i) an order requiring production of or access to “special procedure material” or (ii) a warrant for one or more constables together with one or more DTI investigators to search for and seize such material. “Special procedure material” is defined in section 14 of the Act and “serious arrestable offence” is defined in section 116 of the Act. Article 4 of the Order makes consequential amendments.
(1)
1984 c. 60; section 114A was inserted by section 85 of the Criminal Justice and Police Act 2001 (c. 16).
Options/Cymorth
Print Options
PrintThe Whole Instrument
Mae deddfwriaeth ar gael mewn fersiynau gwahanol:
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Dewisiadau Agor
Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd
Rhagor o Adnoddau
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
- y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
- rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
- manylion rhoi grym a newid cyffredinol
- pob fformat o’r holl ddogfennau cysylltiedig
- slipiau cywiro
- dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Rhagor o Adnoddau
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
- y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
- slipiau cywiro
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys
- rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
- manylion rhoi grym a newid cyffredinol
- pob fformat o’r holl ddogfennau cysylltiedig
- dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Mae’r holl gynnwys ar gael dan Drwydded Llywodraeth Agored v3.0 ac eithrio ble nodir yn wahanol. Yn ychwanegol mae’r safle hwn â chynnwys sy’n deillio o EUR-Lex, a ailddefnyddiwyd dan delerau Penderfyniad y Comisiwn 2011/833/EU ar ailddefnyddio dogfennau o sefydliadau’r UE. Am ragor o wybodaeth gweler ddatganiad cyhoeddus Swyddfa Gyhoeddiadau’r UE ar ailddefnyddio.