2021 No. 747
Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021

Made
Coming into force
The Attorney General and the Advocate General for Northern Ireland (the “Attorney General”)1 make this Order in exercise of the powers conferred by section 377A(5) and (9) of the Proceeds of Crime Act 20022 (“the Act”).

The Attorney General has—

(a)
under section 377A(9) of the Act, revised3 the code of practice prepared under section 377A(1) and (2) of the Act in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by the Director of Public Prosecutions, the Director of the Serious Fraud Office, the Director of Public Prosecutions for Northern Ireland, and officers of the Serious Fraud Office4,
(b)

in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered the representations made about the draft and, as appropriate, amended the draft accordingly, and

(c)

in accordance with section 377A(4) of the Act, laid the revised code of practice before Parliament.

In accordance with section 459(6)(aa)5 of the Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement1.

This Order may be cited as the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021 and comes into force on 28th June 2021.

Revised code of practice2.

The revised code of practice entitled “Code of Practice issued under section 377A of the Proceeds of Crime Act 2002 Investigative Powers of Prosecutors” laid in draft before Parliament on 22nd March 2021 comes into operation on 28th June 2021.

Revocation3.

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 20186 is revoked.
Michael Ellis
Attorney General and Advocate General for Northern Ireland
Attorney General’s Office
EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into operation on 28th June 2021 a revised code of practice prepared by the Attorney General and the Advocate General for Northern Ireland under section 377A of the Proceeds of Crime Act 2002 (“the Act”) in relation to England and Wales and Northern Ireland.

Revisions to the code of practice are necessitated by the commencement in Northern Ireland of amendments made to Chapter 2 of Part 8 of the Act by the Criminal Finances Act 2017 (c. 22).

The revised code of practice relates to the exercise of functions under Chapter 2 of Part 8 of the Act by the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland as well as officers of the Serious Fraud Office.

The code of practice brought into operation by this Order replaces the code of practice that was brought into operation by the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2018 (S.I. 2018/93). This Order revokes S.I. 2018/93.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.