The Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017
In accordance with section 61(10) of that Act, the Secretary of State has consulted the Scottish Ministers in relation to the commencement of section 49 of, and the provisions commenced by this Order in Schedule 19 to, that Act.
Citation, interpretation and extent1.
(1)
This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017.
(2)
In this Order—
“the 2013 Act” means the Crime and Courts Act 2013; and
Provisions coming into force on 1st February 20172.
Savings3.
(1)
The commencement by article 2 of section 49 of, and paragraphs 2 to 13 of Schedule 19 to, the 2013 Act has no effect in relation to—
(a)
any application for an order under Part 8 of the 2002 Act (investigations) relating to a civil recovery investigation made before 1st February 2017;
(b)
any order made under Part 8 of the 2002 Act in relation to a civil recovery 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 for a search and seizure warrant under section 352 of the 2002 Act in relation to a civil recovery investigation made before 1st February 2017;
(d)
any search and seizure warrant issued under section 352 of the 2002 Act in relation to a civil recovery 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.
This is the sixteenth commencement order made under the Crime and Courts Act 2013 (c.22), and it brings into force in Northern Ireland the following provisions of that Act on 1st February 2017, so far as they are not already commenced.
Section 49 introduces Schedule 19. Paragraphs 1 to 13 of Part 1 of Schedule 19 concern civil recovery investigations under Part 8 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and, amongst other things, they clarify that the focus of an investigation can be a person or property and that there can be an investigation into property that has not yet been clearly identified.
Paragraphs 24 to 27 of Part 2 of Schedule 19, amongst other things, insert sections 375A and 375B into the 2002 Act. These provisions relate to investigations in England and Wales and Northern Ireland. The provisions allow evidence to be obtained from a court, tribunal, government or authority outside the United Kingdom if a person or property is subject to a civil recovery investigation, a detained cash investigation or an exploitation proceeds investigation (as defined in section 341 of the 2002 Act). Evidence obtained must not be used, without consent, for any other purpose other than for the purpose of the investigation for which it was obtained or for the purposes of certain proceedings. Paragraph 29 amends section 378 of the 2002 Act to provide a definition of a “senior appropriate officer” in respect of a detained cash investigation carried out by immigration officers. Paragraph 30 makes a similar amendment in respect of an exploitation proceeds investigation carried out by the National Crime Agency.
Article 3 makes savings in relation to the commencement of section 49 and paragraphs 2 to 13 of Schedule 19, so that commencement of those provisions has no effect in relation to:
undetermined applications made before 1st February 2017 for orders and search and seizure warrants relating to civil recovery investigations;
orders and search and seizure warrants relating to civil recovery investigations which are in existence on the coming into force of this Order, or which are made as the result of an application mentioned in (a);
powers of seizure arising under a warrant mentioned in (a) or (b);
proceedings arising in relation to any of the above (including appeal proceedings).
The following provisions of the Act have been brought into force to their fullest extent (unless indicated otherwise) by commencement order made by the Secretary of State before the date of this Order.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1(1) and (2) | 27th May 2013 | |
Section 1(3) to (11) | 7th October 2013 | |
Section 1(12) (partially) | 27th May 2013 | |
Section 1(12), so far as not already in force | 7th October 2013 | |
Section 2 | 7th October 2013 | |
Section 3 | 27th May 2013 | |
Section 4(1) | 7th October 2013 | |
Section 4(2) to (9) | 27th May 2013 | |
Section 4(10) (partially) | 27th May 2013 | |
Section 4(10), so far as not already in force | 7th October 2013 | |
Section 5(1) to (9), (11) and (12) | 7th October 2013 | |
Section 5(10) (partially) | 8th May 2013 | |
Section 5(10), so far as not already in force | 7th October 2013 | |
Section 6(1), (3) and (4) | 7th October 2013 | |
Section 6(2) | 27th May 2013 | |
Section 7 | 7th October 2013 | |
Section 8(1) to (5) | 7th October 2013 | |
Section 8(6) (partially) | 8th May 2013 | |
Section 8(6), so far as not already in force | 7th October 2013 | |
Section 9(1) to (3) and (5) to (8) | 7th October 2013 | |
Section 9(4) (partially) | 8th May 2013 | |
Section 9(4) (partially) | 27th May 2013 | |
Section 9(4), so far as not already in force | 7th October 2013 | |
Section 10 | 7th October 2013 | |
Section 11(1) to (5), (7) and (8) | 7th October 2013 | |
Section 11(6) (partially) | 8th May 2013 | |
Section 11(6), so far as not already in force | 7th October 2013 | |
Section 11(9) (partially) | 8th May 2013 | |
Section 11(9), so far as not already in force | 7th October 2013 | |
Section 12 | 7th October 2013 | |
Section 13 | 7th October 2013 | |
Section 14 | 8th May 2013 | |
Section 15(1) and (2) | 7th October 2013 | |
Section 15(3) (partially) | 8th May 2013 | |
Section 15(3) (partially) | 27th May 2013 | |
Section 15(3) (partially) | 7th October 2013 | |
Section 16 | 8th May 2013 | |
Section 17(4) | 4th September 2013 | |
Section 17(5) (partially) | 1st October 2013 | |
Section 17, so far as not already in force | 22nd April 2014 | |
Section 18 | 1st June 2015 | |
Section 20 (partially) | 15th July 2013 | |
Section 20 (partially) | 4th September 2013 | |
Section 20 (partially) | 1st October 2013 | |
Section 21 | 1st October 2013 | |
Section 22 | 1st November 2013 | |
Section 23 | 15th July 2013 | |
Section 24 | 7th January 2014 | |
Section 25(4) (partially) | 15th July 2013 | |
Section 25(5) and (8) | 15th July 2013 | |
Section 25, so far as not already in force | 6th April 2014 | |
Section 27 | 11th December 2013 | |
Section 28 | 22nd April 2014 | |
Section 29 | 15th July 2013 | |
Section 30 | 1st October 2013 | |
Section 32 | 15th July 2013 | |
Section 41 (partially) | 3rd November 2015 | |
Section 42 (partially) | 3rd November 2015 | |
Section 44 (partially) | 11th December 2013 | |
Section 44 (partially) | 17th October 2016 | |
Section 45 | 24th February 2014 | |
Section 46(1) and (5) (partially) | 20th March 2015 | |
Section 46(6) and (7) | 20th March 2015 | |
Section 46, so far as not already in force | 1st June 2015 | |
Section 47 | 20th March 2015 | |
Section 48, so far as not already in force | 1st June 2015 | |
Section 49 (partially) | 22nd November 2014 | |
Section 49 (partially) | 1st June 2015 | |
Section 50 (partially) | 29th July 2013 | |
Section 50 (partially) | 18th September 2013 | |
Section 50 (partially) as to England and Wales and Northern Ireland | 14th October 2013 | |
Section 51 | 8th May 2013 | |
Section 52 | 25th June 2013 | |
Section 53 | 25th June 2013 | |
Section 54 | 25th June 2013 | |
Section 55(1) and (2) | 25th June 2013 | |
Section 55(3) (partially) | 25th June 2013 | |
Section 55(4) | 22nd November 2014 | |
Section 55(5) | 25th June 2013 | |
Section 55(6) to (13) | 25th June 2013 | |
Section 55(14) (partially) | 25th June 2013 | |
Section 55, so far as not already in force | 22nd November 2014 | |
Section 56 as to England and Wales | 2nd March 2015 | |
Section 57 | 1st February 2014 | |
Schedule 1, paragraph 7 | 27th May 2013 | |
Schedule 1, so far as not already in force | 7th October 2013 | |
Schedule 2, paragraphs 1, 4 and 5 | 27th May 2013 | |
Schedule 2, so far as not already in force | 7th October 2013 | |
Schedule 3, paragraph 34 | 8th May 2013 | |
Schedule 3, so far as not already in force | 7th October 2013 | |
Schedule 4, paragraph 1 | 8th May 2013 | |
Schedule 4, so far as not already in force | 7th October 2013 | |
Schedule 5, paragraphs 5, 27, 28, 29 and 30 | 8th May 2013 | |
Schedule 5, paragraph 4 | 27th May 2013 | |
Schedule 5, so far as not already in force | 7th October 2013 | |
Schedule 6, paragraphs 5(5) and (6) | 8th May 2013 | |
Schedule 6, so far as not already in force | 7th October 2013 | |
Schedule 7 | 7th October 2013 | |
Schedule 8, paragraphs 1 to 5 and 13 | 8th May 2013 | |
Schedule 8, paragraphs 101 to 103 | 27th May 2013 | |
Schedule 8, paragraphs 6 to 10, 12, 14 to 100 and 104 to 190 | 7th October 2013 | |
Schedule 9, paragraphs 21(1) and (2), 27 and 30 | 1st October 2013 | |
Schedule 9, so far as not already in force | 22nd April 2014 | |
Schedule 10 | 22nd April 2014 | |
Schedule 11 | 22nd April 2014 | |
Schedule 12 | 1st June 2015 | |
Schedule 13, Part 1 | 1st October 2013 | |
Schedule 13, Parts 2, 6 and 7 | 15th July 2013 | |
Schedule 13, Part 3 | 4th September 2013 | |
Schedule 13, paragraphs 29 to 40, 41(1) to (3), 41(4) (partially), 41(5) and (6), 42 to 48, 49(1) to (5), 49(6)(a) (partially), 49(6)(b) and 50 to 81 | 1st October 2013 | |
Schedule 14 | 1st October 2013 | |
Schedule 15 (partially) | 3rd November 2015 | |
Schedule 16, Parts 1 to 3 and 5 to 7, and so far as extending to the United Kingdom, Part 8 (except paragraph 37) | 11th December 2013 | |
Schedule 16, Part 4, in relation to certain specified areas | 17th October 2016 | |
Schedule 17 | 24th February 2014 | |
Schedule 18, Part 1 | 1st June 2015 | |
Schedule 19, paragraphs 24, 26 and 28 (all partially) | 22nd November 2014 | |
Schedule 19 Parts 1 to 3 (partially) | 1st June 2015 | |
Schedule 20, paragraphs 3 and 6 (partially) | 18th September 2013 | |
Schedule 20, paragraphs 10 to 15 as to England and Wales | 29th July 2013 | |
Schedule 20, paragraphs 16 to 29 | 29th July 2013 | |
Schedule 20, Part 1, so far as not already in force as to England and Wales and Northern Ireland | 14th October 2013 | |
Schedule 20, Part 2, as to Northern Ireland | 14th October 2013 | |
Schedule 21, paragraphs 1 to 13 | 25th June 2013 | |
Schedule 21, paragraph 14 (partially) | 25th June 2013 | |
Schedule 21, paragraph 14 (so far as not already in force) | 22nd November 2014 | |
Schedule 21, paragraphs 15 to 18 | 22nd November 2014 | |
Schedule 21, paragraph 19 | 25th June 2013 | |
Schedule 21, paragraphs 20 to 29 | 22nd November 2014 | |
Schedule 21, paragraphs 30 to 38 | 25th June 2013 | |
Schedule 21, paragraphs 39 to 50 | 25th June 2013 | |
Schedule 22 as to England and Wales | 2nd March 2015 |