Statutory Instruments
2014 No. 3101 (C. 135)
Proceeds Of Crime
The Policing and Crime Act 2009 (Commencement No. 9) Order 2014
Made
20th November 2014
The Secretary of State makes the following Order in exercise of the powers conferred by section 116(1) and (7) of the Policing and Crime Act 2009( 1 ).
In accordance with section 116(2A) of that Act, the Secretary of State has obtained the consent of the Department of Justice in Northern Ireland in so far as this Order relates to section 57 of that Act.
Citation and interpretation
1. β(1) This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 9) Order 2014.
(2) In this Orderβ
βthe 2002 Actβ means the Proceeds of Crime Act 2002( 2 ); and
βthe 2009 Actβ means the Policing and Crime Act 2009.
Provisions being brought fully into force
2. The following provisions of the 2009 Act come into force on 22nd November 2014β
(a) section 57(1) in so far as it relates to the provision in paragraph (b);
(b) section 57(5)( 3 );
(c) section 112(1) in so far as it relates to the provisions in paragraphs (d) and (e);
(d) paragraph 66 in Part 6 of Schedule 7 in so far as it relates to the provision in paragraph (e); and
(e) paragraph 95 in Part 6 of Schedule 7.
Provisions coming into force for the purpose of making subordinate legislation
3. β(1) Subject to paragraph (2), the provisions of the 2009 Act in paragraph (3) come into force on 22nd November 2014, to the extent specified.
(2) The provisions in paragraph (3) come into force only to the extent that they confer a powerβ
(a) to make subordinate legislation under the 2002 Act; or
(b) for the Lord Advocate to issue guidance under section 127R of the 2002 Act,
and so far as is necessary for the purpose of making regulations, rules of court , orders, codes of practice (which includes, in relation to the making of a Code of Practice, the taking of steps to comply with the procedural requirements for making that Code) or issuing guidance.
(3) The provisions areβ
(a) section 55(1) in so far as it relates to the provisions in sub-paragraph (b);
(b) section 55(2) in so far as it inserts sections 47A, 47G and 47S(1) to (5) into the 2002 Act;
(c) section 56(1) in so far as it relates to the provisions in sub-paragraph (d);
(d) section 56(2) in so far as it inserts sections 127A, 127G and 127R into the 2002 Act;
(e) section 57(1) in so far as it relates to the provisions in sub-paragraph (f);
(f) section 57(2)( 4 ) in so far as it inserts sections 195S(1) to (5) and 195T(1) to (7) into the 2002 Act;
(g) section 65(1) in so far as it inserts section 297A(3) to (5) into the 2002 Act;
(h) section 66(1) in so far as it relates to the provision in sub-paragraph (i);
(i) section 66(5);
(j) section 112(2) in so far as it relates to the provisions in sub-paragraph (k); and
(k) Part 5 of Schedule 8 in so far as it relates to section 351(8) of the 2002 Act.
Karen Bradley
Parliamentary Under Secretary of State
Home Office
20th November 2014
2009 c. 26 , section 116 was amended by S.I.s 2010/976 and 2012/2595 .
Section 57(5) was inserted by S.I. 2012/2595 .
Section 57(2) was amended by S.I. 2012/2595 .