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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 (โ€œthe Actโ€)( 1 ).

The Secretary of State:

(1)ย 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 โ€“ England and Wales and Northern Ireland) (โ€œthe revised code of practiceโ€)( 2 );

(2)ย 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)ย 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 Orderโ€”

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 โ€œCode of Practice issued under section 377 of the Proceeds of Crime Act 2002โ€ 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

( 1 )

2002 c. 29 . Section 377 is amended by paragraph 114 of Schedule 8 to the Serious Crime Act 2007 (c. 27) .

( 2 )

The code of practice was previously brought into operation on 23rd February 2003 in accordance with S.I. 2003/334 .

( 3 )

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.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland: Code of Practice) Order 2008 (2008/946)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the ActUnknown(โ€œ_prnE6998
the revised code of practiceUnknown(โ€œ_prntppID
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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