The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2016

Statutory Instruments

2016 No. 663

Proceeds Of Crime, Northern Ireland

The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2016

Made

13th July 2016

Laid before Parliament

20th July 2016

Coming into force

11th August 2016

At the Court at Buckingham Palace, the 13th day of July 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 445 of the Proceeds of Crime Act 2002(1), is pleased, by and with the advice of Her Privy Council, to order as follows.

Citation, commencement and extent

1.—(1) This Order may be cited as the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2016 and comes into force on 11th August 2016.

(2) This Order extends to Northern Ireland only.

Amendment of the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015

2.  In the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015(2), in article 1 (citation, commencement and extent), in paragraph (3) for “does not extend” substitute “extends also”.

Ceri King

Deputy Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751) (“the 2015 Order”). The 2015 Order amends the Proceeds of Crime Act 2002 (External Investigations) Order 2013 (S.I. 2013/2605) (“the 2013 Order”). The 2013 Order makes provisions in relation to external investigations, which broadly correspond to the civil recovery investigation provisions in Part 8 of the Proceeds of Crime Act 2002 (c. 29) (“the domestic provisions”). Part 1 of the 2013 Order extends to England and Wales, and Northern Ireland (see article 1(2)).

The 2015 Order amended the 2013 Order to reflect amendments made to the domestic provisions by section 49(a) of, and Schedule 19 to, the Crime and Courts Act 2013 (c. 22). Part 2 of the 2015 Order made amendments to Part 1 of the 2013 Order (“the relevant amendments”), but article 1(3) of the 2015 Order provides that the relevant amendments do not extend to Northern Ireland. This Order makes a further amendment to confirm that the relevant amendments extend to Northern Ireland from 11th August 2016.

An impact assessment has not been prepared for this instrument as no impact on the costs of business or the voluntary sector is foreseen.

(1)

2002 c. 29; section 445 was amended by the Serious Crime Act 2007, section 74(2)(f) and Schedule 8 Part 6, paragraphs 121 and 139, by the Crime and Courts Act 2013 (c. 22), section 15(3) and Schedule 8, Part 2, paragraphs 108 and 150 and by S.I. 2010/976 and 2014/834.

(2)

S.I. 2015/1751.