The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

Draft Order laid before Parliament under section 459(6)(a) of the Proceeds of Crime Act 2002, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2021 No.

Proceeds Of Crime

The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2021

Made

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Coming into force

28th June 2021

The Secretary of State makes this Order in exercise of the powers conferred by section 292(4) and (5) of the Proceeds of Crime Act 2002(1) (“the Act”).

The Secretary of State—

(a)

under section 292(5) of the Act, has revised the code of practice made under section 292(1) of the Act in connection with the exercise of the powers conferred by virtue of section 289 of the Act(2);

(b)

in accordance with section 292(2) of the Act, has published a draft of the revised code of practice, considered any representations made about the draft by the Scottish Ministers, the Department of Justice and any other person and modified the draft, as thought appropriate, in the light of such representations;

(c)

in accordance with section 292(2A) of the Act, has consulted with the Attorney General about the draft of the revised code of practice in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office; and

(d)

in accordance with section 292(3) of the Act, has laid a draft of the revised code of practice before Parliament.

In accordance with section 459(6)(a) of the Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

(1)

2002 c. 29. Section 292 was amended by paragraph 5 of Schedule 11 to the Serious Crime Act 2007 (c. 27), paragraph 5 of Schedule 48 to the Finance Act 2013 (c. 29), paragraph 14 of Schedule 1 to the Criminal Finances Act 2017 (c. 22), and S.I. 2010/976.

(2)

Section 289 was amended by paragraph 2 of Schedule 11 to the Serious Crime Act 2007, section 63 of the Policing and Crime Act 2009 (c. 26), paragraph 2 of Schedule 48 to the Finance Act 2013, sections 14 and 18(1) and (4)(a) of, and paragraph 11 of Schedule 1 and paragraph 31 of Schedule 5 to, the Criminal Finance Act 2017, and S.I. 2010/976.