2015 No. 983 (C. 64)

Proceeds Of Crime

The Policing and Crime Act 2009 (Commencement No. 10, Transitional Provision and Savings) Order 2015

Made26th March 2015

The Secretary of State, in exercise of the powers conferred by section 116(1) and (7) of the Policing and Crime Act 20091, makes the following Order:

Citation, interpretation and extent

1. (1)

This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 10, Transitional Provision and Savings) Order 2015.

(2)

In this Order—

“the 2002 Act” means the Proceeds of Crime Act 20022;

“the 2009 Act” means the Policing and Crime Act 2009; and

“detained cash investigation” has the meaning given by section 341(3A) of the 2002 Act (investigations)3.

(3)

The following do not extend to Northern Ireland—

(a)

article 2(2)(a), in so far as it relates to section 66 of the 2009 Act;

(b)

article 2(2)(b) and (g);

(c)

article 3(1)(ff), in so far as it relates to paragraph 108 of Schedule 7 to the 2009 Act;

(d)

article 3(1)(gg); and

(e)

article 3(1)(hh), in so far as it relates to paragraph 110 of Schedule 7 to the 2009 Act.

Provisions coming into force on 1st June 2015

2. (1)

The provisions of the 2009 Act set out in paragraph (2), so far as not already in force, come into force on 1st June 2015 to the extent specified in that paragraph.

(2)

The provisions are—

(a)

sections 52, 53, 55, 56, 58, 59 and 66;

(b)

section 63 except in section 289(5)(c) of the 2002 Act (searches)4, as substituted by subsection (4), the words “or Northern Ireland” on the three occasions they appear;

(c)

section 65 except—

(i)

in section 297A(1) of the 2002 Act (forfeiture notice)5, as inserted by subsection (1), the words “or Northern Ireland”;

(ii)

in section 297E(2) of the 2002 Act (application to set aside forfeiture), as inserted by subsection (1), the words “or Northern Ireland”;

(d)

section 112 in so far as it relates to the provisions in paragraphs (e) to (g) of this article;

(e)

the paragraphs in Parts 6 to 8 of Schedule 7 mentioned in article 3, to the extent specified in that article;

(f)

Part 4 of Schedule 8 except in so far as it relates to—

(i)

sections 1946 and 235 of the 2002 Act;

(ii)

the Access to Justice (Northern Ireland) Order 20037; and

(iii)

section 78(3) and (4) of the Serious Crime Act 2007; and

(g)

Part 5 of Schedule 8.

Schedule 7 to the 2009 Act

3.

The paragraphs in Parts 6 to 8 of Schedule 7 are—

(a)

paragraph 46;

(b)

paragraph 47 except in section 7(1) of the Bankruptcy (Scotland) Act 1985 (meaning of apparent insolvency)8, in the definition of “relevant detention power” as inserted by sub-paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(c)

paragraph 48 except in section 31A(1) of the Bankruptcy (Scotland) Act 1985 (property subject to restraint order)9—

(i)

in the words substituted by sub-paragraph (2)(a), the text “or 215A”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;

(d)

paragraphs 49 to 51;

(e)

paragraph 52 except in section 31C(2) of the Bankruptcy (Scotland) Act 1985 (property subject to certain orders where confiscation order discharged or quashed)10, as substituted by sub-paragraph (3), the text “or 190A”;

(f)

paragraph 53;

(g)

paragraph 54 except in section 306A(1) of the Insolvency Act 1986 (property subject to restraint order)11—

(i)

in the words substituted by sub-paragraph (2)(a), the text “or 215A”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;

(h)

paragraphs 55 to 57;

(i)

paragraph 58 except in section 306C(2) of the Insolvency Act 1986 (property subject to certain orders where confiscation order discharged or quashed)12, as substituted by sub-paragraph (3), the text “or 190A”;

(j)

paragraph 59;

(k)

paragraph 60 except in article 279A(1) of the Insolvency (Northern Ireland) Order 1989 (property subject to restraint order)13—

(i)

in the words substituted by sub-paragraph (2)(a), the text “or 215A”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “, 193A or 195J”;

(l)

paragraphs 61 to 63;

(m)

paragraph 64 except in article 279C(2) of the Insolvency (Northern Ireland) Order 1989 (property subject to certain orders where confiscation order discharged or quashed)14, as substituted by sub-paragraph (3), the text “or 190A”;

(n)

paragraphs 66 to 73 and 75 to 77;

(o)

paragraph 78 except in section 308(8A) of the 2002 Act (recoverable property: exceptions)15, as inserted, the text “, 193A, 195J, 195K, 195M or 195P”;

(p)

paragraph 79 except in section 417(2) of the 2002 Act (property excluded from estate of person adjudged bankrupt in England and Wales)16, as substituted—

(i)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in paragraph (d), the text “or 215A”;

(q)

paragraph 80 except—

(i)

the word “and” at the end of sub-paragraph (2)(b);

(ii)

sub-paragraph (2)(c);

(iii)

in section 418(3)(f) of the 2002 Act (restriction of powers where person adjudged bankrupt in England and Wales)17, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;

(r)

paragraph 81 except in section 419(2) of the 2002 Act (tainted gifts by person adjudged bankrupt in England and Wales)18——

(i)

in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “or 215A”;

(s)

paragraph 82 except in section 420(2) of the 2002 Act (property excluded from the debtor’s estate where sequestration in Scotland)19, as substituted—

(i)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in paragraph (d), the text “or 215A”;

(t)

paragraph 83 except—

(i)

the word “and” at the end of sub-paragraph (2)(b);

(ii)

sub-paragraph (2)(c);

(iii)

in section 421(3)(f) of the 2002 Act (restriction of powers where award of sequestration)20, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;

(u)

paragraph 84 except in section 422(2) of the 2002 Act (tainted gifts by person whose estate is sequestrated in Scotland)21—

(i)

in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “or 215A”;

(v)

paragraph 85 except in section 423(2) of the 2002 Act (property excluded from estate of person adjudged bankrupt in Northern Ireland)22, as substituted—

(i)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in paragraph (d), the text “or 215A”;

(w)

paragraph 86 except—

(i)

the word “and” at the end of sub-paragraph (2)(b);

(ii)

sub-paragraph (2)(c);

(iii)

in section 424(3)(f) of the 2002 Act (restriction of powers where person adjudged bankrupt in Northern Ireland)23, as inserted by sub-paragraph (3), the text “or 215D(2)(c)”;

(x)

paragraph 87 except in section 425(2) of the 2002 Act (tainted gifts by person who is adjudged bankrupt in Northern Ireland)24—

(i)

in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “or 215A”;

(y)

paragraph 88 except—

(i)

in section 426(2) of the 2002 Act (winding up under the Insolvency Act 1986)25, as substituted by sub-paragraph (2)—

(aa)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(bb)

in paragraph (d), the text “or 215A”;

(ii)

the word “and” at the end of sub-paragraph (3)(b);

(iii)

sub-paragraph (3)(c);

(z)

paragraph 89 except in section 427(3) of the 2002 Act (tainted gifts by company: winding up in England and Wales or Scotland)26—

(i)

in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “or 215A”;

(aa)

paragraph 90 except—

(i)

in section 428(2) of the 2002 Act (winding up under the Insolvency (Northern Ireland) Order 1989)27, as substituted by sub-paragraph (2)—

(aa)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(bb)

in paragraph (d), the text “or 215A”;

(ii)

the word “and” at the end of sub-paragraph (3)(b);

(iii)

sub-paragraph (3)(c);

(bb)

paragraph 91 except in section 429(3) of the 2002 Act (tainted gifts by company: winding up in Northern Ireland)28—

(i)

in paragraph (aa), as inserted by sub-paragraph (2)(a), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in the words inserted by sub-paragraph (2)(b), the text “or 215A”;

(cc)

paragraph 92 except—

(i)

in section 430(2) of the 2002 Act (restriction of powers where company holds property subject to floating charge)29, as substituted by sub-paragraph (2)—

(aa)

in paragraph (b), the text “, 193A, 195J, 195K, 195M or 195P”;

(bb)

in paragraph (d), the text “or 215A”;

(ii)

the word “and” at the end of sub-paragraph (3)(b);

(iii)

sub-paragraph (3)(c);

(dd)

paragraph 93 except in section 432 of the 2002 Act (insolvency practitioners)—

(i)

in subsection (6A)(a), as inserted by sub-paragraph (2), the text “, 193A, 195J, 195K, 195M or 195P”;

(ii)

in so far as sub-paragraph (3) substitutes subsection (7)(c);

(ee)

paragraph 94 except in section 453A(5)(a) of the 2002 Act (offences in relation to financial investigators)30, as substituted, the text “or 195C to 195F”;

(ff)

paragraphs 99 to 108;

(gg)

paragraph 109 except in section 302(1) of the 2002 Act (compensation), as substituted by sub-paragraph (2), the words “or Northern Ireland”; and

(hh)

paragraphs 110 to 111 and 113 to 115.

Transitional provision and savings

4. (1)

Notwithstanding the commencement of section 55(3) of the 2009 Act, section 45 of the 2002 Act (seizure in England and Wales) continues to apply in relation to property which, at the time of commencement, is subject to the directions of a court made under subsection (2) of that section.

(2)

In relation to property to which paragraph (1) applies, section 41A of the 2002 Act (restraint orders: power to retain seized property etc in England and Wales) has effect as if “relevant seizure power” included section 45 of that Act.

(3)

Notwithstanding the commencement of section 56(3) of the 2009 Act, section 126 of the 2002 Act (seizure in Scotland) continues to apply in relation to property which, at the time of commencement, is subject to the directions of a court made under subsection (2) of that section.

(4)

In relation to property to which paragraph (3) applies, section 120A of the 2002 Act (restraint orders: power to retain seized property etc in Scotland) has effect as if “relevant seizure power” included section 126 of that Act.

5. (1)

Notwithstanding the commencement of section 66 of, and Part 5 of Schedule 8 to, the 2009 Act, this has no effect in relation to—

(a)

any application for an order under Part 8 of the 2002 Act relating to a detained cash investigation made before 1st June 2015;

(b)

any order made under Part 8 of the 2002 Act in relation to a detained cash 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 made before 1st June 2015 for a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002 in relation to a detained cash investigation;

(d)

any search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 in relation to a detained cash 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.

6. (1)

Notwithstanding the commencement of paragraph 114(a) of Schedule 7 to the 2009 Act, this has no effect in relation to—

(a)

an order made in relation to a detained cash investigation, or

(b)

a warrant issued in relation to a detained cash investigation,

under Part 8 of the 2002 Act by a judge of the High Court.

(2)

Notwithstanding the commencement of paragraph 115 of Schedule 7 to the 2009 Act, this has no effect in relation to a power of seizure conferred by a warrant issued in relation to a detained cash investigation under section 352(4) of the 2002 Act by a judge of the High Court.

Karen Bradley

Parliamentary Under Secretary of State

Home Office

26th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the tenth commencement order made under the Policing and Crime Act 2009 (c. 22) (“the 2009 Act”). The 2009 Act amends the Proceeds of Crime Act 2002 (c. 29) (“POCA”), and makes related consequential amendments.

Article 2 brings into force on 1st June 2015 certain provisions of the 2009 Act which make amendments to POCA and related consequential amendments.

Section 52 of the 2009 Act inserts sections 41A and 44A into Part 2 of POCA (confiscation: England and Wales), and section 53 of the 2009 Act inserts sections 120A and 122A into Part 3 of POCA (confiscation: Scotland). Sections 41A and 120A concern the ability for restraint orders made by the courts in England and Wales and in Scotland, respectively, to make provision authorising the detention of property seized under a relevant seizure power, or produced in compliance with a production order. Sections 44A and 120A permit the detention of property pending appeal against the discharge or variation of a such a restraint order in England and Wales and in Scotland, respectively.

Section 55 of the 2009 Act inserts sections 47A to 47S into Part 2 of POCA. Section 56 of the 2009 Act inserts sections 127A to 127R into Part 3 of POCA. The effect of these new provisions is to provide new powers in relation to search, seizure and detention of property in England and Wales and Scotland to prevent the dissipation of realisable property that may be used to satisfy a confiscation order made under either Part 2 or Part 3 of POCA.

Article 4 contains savings and transitional provision in relation to the commencement of sections 52, 53, 55 and 56 of the 2009 Act. The provisions of POCA which previously authorised seizure of property subject to a restraint order in England and Wales (section 45 in Part 2) and in Scotland (section 126 in Part 3), are repealed. Article 4 makes savings in relation to property which, at the time of the commencement of the Order, is subject to the directions of a court under sections 45 or 126. Transitional provision is made so that sections 45 and 126 constitute ‘relevant seizure powers’ for the purposes of sections 41A and 120A respectively. This will enable applications to be made to vary the restraint orders to permit the detention of property seized under sections 45 or 126.

Section 58 of the 2009 Act inserts sections 67A to 67D into Part 2 of POCA. Section 59 of the 2009 Act inserts sections 131A to 131D into Part 3 of POCA. These provisions provide new powers, where property has been seized by an appropriate officer under a relevant seizure power, or which has been produced to such an officer in compliance with a production order, for that property to be sold to meet a confiscation order in certain circumstances.

Section 63 of the 2009 Act amends section 289 of POCA in Chapter 3 of Part 5 of POCA (which is concerned with the recovery of cash in summary proceedings), to provide new powers to search vehicles for cash. The powers are not being commenced in relation to Northern Ireland.

Section 65 of the 2009 Act inserts sections 297A to 297G into POCA to make provision in England and Wales and Northern Ireland for administrative forfeiture of cash which is being detained subject to a detention order made by the magistrates’ court under section 295 of POCA. The provisions are only being commenced in relation to England and Wales.

Section 66 of the 2009 Act transfers the jurisdiction for applications for orders and warrants under Part 8 of POCA from the High Court to the Crown Court for England and Wales and Northern Ireland. The transfer is only being commenced in relation to England and Wales, subject to the savings in article 5 in relation to undetermined applications for orders and warrants, and for orders and warrants which are in existence on the coming into force of this Order.

Articles 2(2)(e) and 3 concern commencement of related consequential amendments made by Parts 6 to 8 of Schedule 7 to the 2009 Act. Consequential repeals are made by Parts 4 and 5 of Schedule 8 to the 2009 Act, and are commenced by article 2(2)(f) and (g).

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 by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I.No.
Section 1	15th March 2010	2010/125
Section 2 (partially)	1st September 2010	2010/999 as amended by 2010/1986
Section 3	19th April 2010	2010/999
Section 4	19th April 2010	2010/999
Section 5	12th March 2010	2010/507
Section 6	25th January 2010	2009/3096
Section 7	25th January 2010	2009/3096
Section 8	25th January 2010	2009/3096
Section 9	25th January 2010	2009/3096
Section 10	29th January 2010	2010/125
Section 11	29th January 2010	2010/125
Section 12	29th January 2010	2010/125
Section 13	29th January 2010	2010/125
Section 14	1st April 2010	2010/507
Section 15	1st April 2010	2010/507
Section 16	1st April 2010	2010/507
Section 17	1st April 2010	2010/507
Section 18	1st April 2010	2010/507
Section 19	1st April 2010	2010/507
Section 20	1st April 2010	2010/507
Section 21 as to England and Wales	1st April 2010	2010/507
Section 22	1st April 2010	2010/507
Section 23	1st April 2010	2010/507
Section 24	1st April 2010	2010/507
Section 25	1st April 2010	2010/507
Section 26	25th January 2010	2009/3096
Section 27 (partially) as to England	2nd March 2010	2010/507
Section 28	29th January 2010	2010/125
Section 29	29th January 2010	2010/125
Section 30	29th January 2010	2010/125
Section 31	29th January 2010	2010/125
Section 32	29th January 2010	2010/125
Section 33	29th January 2010	2010/125
Section 34	31st January 2011	2010/2988
Section 35	31st January 2011	2010/2988
Section 36	31st January 2011	2010/2988
Section 37	31st January 2011	2010/2988
Section 38	31st January 2011	2010/2988
Section 39	31st January 2011	2010/2988
Section 40	31st January 2011	2010/2988
Section 41	31st January 2011	2010/2988
Section 42	31st January 2011	2010/2988
Section 43	31st January 2011	2010/2988
Section 44	31st January 2011	2010/2988
Section 45	31st January 2011	2010/2988
Section 46	31st January 2011	2010/2988
Section 47	31st January 2011	2010/2988
Section 48	31st January 2011	2010/2988
Section 49	31st January 2011	2010/2988
Section 50	31st January 2011	2010/2988
Section 55 (partially)	22nd November 2014	2014/3101
Section 56 (partially)	22nd November 2014	2014/3101
Section 57 (partially)	22nd November 2014	2014/3101
Section 51	25th January 2010	2009/3096
Section 61	25th January 2010	2009/3096
Section 62	25th January 2010	2009/3096
Section 64	25th January 2010	2009/3096
Section 65 (partially)	22nd November 2014	2014/3101
Section 66 (partially)	22nd November 2014	2014/3101
Section 67	25th January 2010	2009/3096
Section 68	25th January 2010	2009/3096
Section 69	25th January 2010	2009/3096
Section 70	25th January 2010	2009/3096
Section 71	25th January 2010	2009/3096
Section 72	25th January 2010	2009/3096
Section 73	25th January 2010	2009/3096
Section 74	25th January 2010	2009/3096
Section 75	25th January 2010	2009/3096
Section 76	25th January 2010	2009/3096
Section 77	25th January 2010	2009/3096
Section 78	25th January 2010	2009/3096
Section 79 as to England, Wales and Scotland	29th January 2010	2010/125
Section 79 as to Northern Ireland	1st April 2010	2010/507
Section 80 as to England, Wales and Scotland	29th January 2010	2010/125
Section 80 as to Northern Ireland	1st April 2010	2010/507
Section 83	29th January 2010	2010/125
Section 84 (partially)	29th January 2010	2010/125
Section 88	30th November 2009	2009/3096
Section 91	30th November 2009	2009/3096
Section 96	10th September 2012	2012/2235
Section 97	29th January 2010	2010/125
Section 98	25th January 2010	2010/52
Section 99	25th January 2010	2010/52
Section 101	25th January 2010	2010/52
Section 103	1st April 2010	2010/507
Section 104	1st April 2010	2010/507
Section 105	1st April 2010	2010/507
Section 106	1st April 2010	2010/507
Section 107	1st April 2010	2010/507
Section 108 (partially)	2nd March 2010	2010/507
Section 108 (partially)	1st April 2010	2010/507
Section 109	6th November 2010	2010/1986
Section 110	29th January 2010	2010/125
Section 112 (partially)	25th January 2010	2009/3096
Section 112 (partially)	25th January 2010	2010/52
Section 112 (partially)	29th January 2010	2010/125
Section 112 (partially)	12th March 2010	2010/507
Section 112 (partially)	1st April 2010	2010/507
Section 112 (partially)	19th April 2010	2010/999
Section 112 (partially) as to Wales	8th May 2010	2010/999
Section 112 (partially)	10th September 2012	2012/2235
Section 112 (partially)	22nd November 2014	2014/3101
Schedule 1	1st April 2010	2010/507
Schedule 2 as to England and Wales	1st April 2010	2010/507
Schedule 3 (partially) as to England	2nd March 2010	2010/507
Schedule 4	29th January 2010	2010/125
Schedule 5	31st January 2011	2010/2988
Schedule 6 as to England, Wales and Scotland	29th January 2010	2010/125
Schedule 6 as to Northern Ireland	1st April 2010	2010/507
Schedule 7 (partially)	25th January 2010	2009/3096
Schedule 7 (partially)	29th January 2010	2010/125
Schedule 7 (partially)	12th March 2010	2010/507
Schedule 7 (partially)	1st April 2010	2010/507
Schedule 7 (partially)	10th September 2012	2012/2235
Schedule 7 (partially)	22nd November 2014	2014/3101
Schedule 8 (partially)	25th January 2010	2009/2096
Schedule 8 (partially)	25th January 2010	2010/52
Schedule 8 (partially)	29th January 2010	2010/125
Schedule 8 (partially)	1st April 2010	2010/507
Schedule 8 (partially)	19th April 2010	2010/999
Schedule 8 (partially)	22nd November 2014	2014/3101