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The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2021

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2021 No. 729

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, Northern Ireland

The Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2021

Made

****

Coming into force

28th June 2021

The Secretary of State makes this Order in exercise of the powers conferred by section 195S(4) and (5) of the Proceeds of Crime Act 2002(1) (“the Act”).

The Secretary of State has—

(a)

under section 195S(5) of the Act, revised the code of practice made under section 195S(1) of the Act(2);

(b)

in accordance with section 195S(2) of the Act, published a draft of the revised code of practice, considered any representations made about the draft and, as thought appropriate, modified the draft in the light of such representations;

(c)

in accordance with section 195S(2A) of the Act, consulted with the Attorney General about the draft 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 195S(3) of the Act, laid a draft of the revised code of practice before Parliament.

In accordance with section 459(6)(a) of the Act(3), a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

(1)

2002 c. 29. Section 195S was inserted by section 57 of the Policing and Crime Act 2009 (c. 26) (which was amended by S.I. 2012/2595). Section 195S was amended by section 55(4) and paragraph 118 of Schedule 8 to the Crime and Courts Act 2013 (c. 22), paragraph 10 of Schedule 1 to the Criminal Finances Act 2017 (c. 22), and S.I. 2015/230.

(2)

The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to Northern Ireland on 1st March 2016 by S.I. 2016/210.

(3)

Amended by section 112(1) and paragraph 95 of Schedule 7 to the Policing and Crime Act 2009. Other amendments have been made but none are relevant.

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