The Policing and Crime Act 2009 (Commencement No. 11 and Transitional Provisions and Savings) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the eleventh commencement order made by the Secretary of State under section 116(1) of the Policing and Crime Act 2009 (c. 26) (“the 2009 Act”).

Article 3 brings into force on 1st March 2016 provisions of the 2009 Act relating to proceeds of crime.

Section 54 of the 2009 Act amends the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”) in relation to power to retain seized property in Northern Ireland.

Section 57 of the 2009 Act amends the 2002 Act in relation to search and seizure powers in Northern Ireland.

Section 60 of the 2009 Act amends the 2002 Act in relation to the power to sell seized personal property in Northern Ireland.

Section 63 of the 2009 Act amends the 2002 Act in relation to the power to search vehicles.

Section 65 of the 2009 Act amends the 2002 Act in relation to the forfeiture of detained cash.

Section 66 of the 2009 Act amends the 2002 Act in relation to detained cash investigations.

Schedule 7, Part 6 of the 2009 Act relates to proceeds of crime (confiscation).

Schedule 7, Part 7 of the 2009 Act relates to proceeds of crime (forfeiture of detained cash).

Schedule 8, Part 4 of the 2009 Act contains revocations relating to proceeds of crime (confiscation).

Schedule 8, Part 5 of the 2009 Act contains revocations relating to proceeds of crime (detained cash investigations).

Article 4 contains savings and transitional provision in relation to the commencement of sections 54 and 57 of the 2009 Act. The provision of the 2002 Act which previously authorised seizure of property subject to a restraint order in Northern Ireland (section 194 in Part 4) is repealed.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 section 194. Section 54 of the 2009 Act inserts section 190A into the 2002 Act. Transitional provision is made so that section 194 of the 2002 Act constitutes a ‘relevant seizure power’ for the purposes of section 190A. This will enable applications to be made to vary the restraint orders to permit the detention of property seized under section 194.

Article 5 contains savings in relation to the commencement of section 66 of, and part 5 of Schedule 8 to, the 2009 Act. Section 66 transfers the jurisdiction for applications for orders and warrants under part 8 of the 2002 Act from the High Court to the Crown Court for England and Wales and Northern Ireland. The transfer is being commenced in relation to Northern Ireland, 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.