Part 5Civil recovery of the proceeds etc. of unlawful conduct

C3C1C2Chapter 3Recovery of cash in summary proceedings

Annotations:
Modifications etc. (not altering text)
C3

Pt. 5 Ch. 3 applied (1.4.2010) by UK Borders Act 2007 (c. 30), ss. 24(1), 59(2); S.I. 2010/606, art. 2

C2

Pt. 5 Ch. 3 applied (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2007 c. 30, s. 24(1) (as substituted by Criminal Finances Act 2017 (c. 22), ss. 21(3), 58(1)(6); S.I. 2018/78, reg. 3(f); S.I. 2021/724, reg. 2(1)(i))

Searches

C4C3292C3C2 Code of practice

1

The Secretary of State must make a code of practice in connection with the exercise by F7officers of Revenue and CustomsF3, SFO officers and (in relation to England and Wales F4...) constables F5and accredited financial investigators of the powers conferred by virtue of section 289.

2

Where he proposes to issue a code of practice he must—

a

publish a draft,

b

consider any representations made to him about the draft by the Scottish Ministers F2, the Department of Justice or any other person,

c

if he thinks it appropriate, modify the draft in the light of any such representations.

F82A

The Secretary of State must also consult the Attorney General about the draft in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office.

3

He must lay a draft of the code before Parliament.

4

When he has laid a draft of the code before Parliament he may bring it into operation by order.

5

He may revise the whole or any part of the code issued by him and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

6

A failure by F9an officer of Revenue and CustomsF6an SFO officer,F1, a constable or an accredited financial investigator to comply with a provision of the code does not of itself make him liable to criminal or civil proceedings.

7

The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.