Statutory Instruments
2008 No. 946
Proceeds Of Crime
The Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008
Made
31st March 2008
Coming into force
1st April 2008
This Order is made in exercise of the powers conferred on the Secretary of State by sections 377(4) and (8) and 459(2)(b) of the Proceeds of Crime Act 2002 (“the Act”)( 1 ).
The Secretary of State:
(1) has, in accordance with section 377(8) of the Act, revised the code of practice in connection with the exercise of functions under Chapter 2 of Part 8 of the Act (Investigations – England and Wales and Northern Ireland) (“the revised code of practice”)( 2 );
(2) has, in accordance with section 377(2) of the Act, published a draft of the revised code of practice and considered any representations made to her about the draft; and
(3) has, in accordance with section 377(3) of the Act, laid the revised code of practice before Parliament.
A draft of this instrument has been approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Order—
Citation and commencement
1. This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008 and shall come into force on 1st April 2008.
Revised code of practice
2. Subject to article 3, the revised code of practice entitled “Code of Practice issued under section 377 of the Proceeds of Crime Act 2002 ” laid before Parliament on 18th February 2008 shall come into operation on 1st April 2008.
Exercise of functions at time of coming into operation
3. The revised code of practice referred to in article 2 shall apply to the exercise of any function under Chapter 2 of Part 8 of the Proceeds of Crime Act 2002 by a person who must comply with the revised code of practice under section 377(5) of that Act( 3 ) after midnight on 31st March 2008, notwithstanding that the person may have started to exercise the function before that time.
Vernon Coaker
Parliamentary Under Secretary of State
Home Office
31st March 2008
2002 c. 29 . Section 377 is amended by paragraph 114 of Schedule 8 to the Serious Crime Act 2007 (c. 27) .
The code of practice was previously brought into operation on 23rd February 2003 in accordance with S.I. 2003/334 .
The persons who must comply with the revised code of practice are the Director General of the Serious Organised Crime Agency, other members of the staff of the Serious Organised Crime Agency, accredited financial investigators, constables and officers of Revenue and Customs, see section 377(1) of the Proceeds of Crime Act 2002 as amended by paragraph 114 of Schedule 8 to the Serious Crime Act 2007.