Statutory Instruments
2006 No. 1070
PROCEEDS OF CRIME
The Proceeds of Crime Act 2002 (Money Laundering: Exceptions to Overseas Conduct Defence) Order 2006
Made
5th April 2006
Laid before Parliament
12th April 2006
Coming into force
15th May 2006
The Secretary of State, in exercise of the powers conferred upon him by sections 327(2A)(b)(ii), 328(3)(b)(ii) and 329(2A)(b)(ii) of the Proceeds of Crime Act 2002( 1 ), makes the following Order:
1. This Order may be cited as the Proceeds of Crime Act 2002 (Money Laundering: Exceptions to Overseas Conduct Defence) Order 2006 and shall come into force on 15 th May 2006.
2. —(1) Relevant criminal conduct of a description falling within paragraph (2) is prescribed for the purposes of sections 327(2A)(b)(ii), 328(3)(b)(ii) and 329(2A)(b)(ii) of the Proceeds of Crime Act 2002 (exceptions to defence where overseas conduct is legal under local law).
(2) Such relevant criminal conduct is conduct which would constitute an offence punishable by imprisonment for a maximum term in excess of 12 months in any part of the United Kingdom if it occurred there other than—
(a) an offence under the Gaming Act 1968( 2 );
(b) an offence under the Lotteries and Amusements Act 1976( 3 ), or
(c) an offence under section 23 or 25 of the Financial Services and Markets Act 2000( 4 ).
Paul Goggins
Parliamentary Under Secretary of State
Home Office
5th April 2006
2002 c. 29 ; sections 327(2A), 328(3) and 329(2A) were inserted by section 102 of the Serious Organised Crime and Police Act 2005 (c. 15) .
1968 c. 65 ; this Act is prospectively repealed by Schedule 17 to the Gambling Act 2005 (c. 19) but the repeal is not yet in force.
1976 c. 32 ; this Act is prospectively repealed by Schedule 17 to the Gambling Act 2005 (c. 19) but the repeal is not yet in force.