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The Proceeds of Crime Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003

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Transitional provisions and savings for the offences of tipping-off and prejudicing an investigation

5.—(1) Section 342 of the Act shall not have effect where the conduct constituting an offence under that section began before 24th February 2003 and ended after that date and the following provisions shall continue to have effect in such circumstances—

(a)sections 93D(1) of the Criminal Justice Act 1988(1);

(b)sections 53(1) and 58(2) of the Drug Trafficking Act 1994;

(c)sections 36 and 40(1) of the Criminal Law (Consolidation) (Scotland) Act 1995(3); and

(d)articles 48(1) and 53(4) of the Proceeds of Crime (Northern Ireland) Order 1996.

(2) Section 93D(2) and (3) of the Criminal Justice Act 1988 shall continue to have effect where the disclosure mentioned in section 93D(2)(a) or 93D(3)(a), as the case may be, of that Act was made before 24th February 2003.

(3) Section 53(2) and (3) of the Drug Trafficking Act 1994 shall continue to have effect where the disclosure mentioned in section 53(2)(a) or 53(3)(a), as the case may be, of that Act was made before 24th February 2003.

(4) Section 40(2) and (3) of the Criminal Law (Consolidation) (Scotland) Act 1995 shall continue to have effect where the disclosure mentioned in section 40(2)(a) or 40(3)(a), as the case may be, of that Act was made before 24th February 2003.

(5) Article 48(2) and (3) of the Proceeds of Crime (Northern Ireland) Order 1996 shall continue to have effect where the disclosure mentioned in article 48(2)(a) or 48(3)(a), as the case may be, of that Order was made before 24th February 2003.

(1)

Section 93D was inserted by section 32 of the Criminal Justice Act 1993 (c. 36).

(2)

Section 58 will remain in force but its application will be more limited, by virtue of the more limited definition of “drug trafficking” inserted by paragraph 25(4) of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).

(4)

Article 53 will remain in force but its application will be more limited, by virtue of the more limited definition of “drug trafficking” inserted by paragraph 31(15) of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29).

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