PART 1 General provisions

Citation and commencement

1. —(1) This Order may be cited as the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) (Amendment) Order 2015.

(2) This Order comes into force on 30th November 2015.

Interpretation

2. In this Order, “the 2002 Order” means the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002( 2 ).

PART 2 Amendment of Part 1 of the 2002 Order

Amendment of article 2 (interpretation)

3. Article 2 of the 2002 Order (interpretation) is amended by inserting the following definitions in the appropriate places—

“an English or Welsh compliance order” means an order made under or for the purposes of section 13A of the Act (orders for securing compliance with confiscation order)( 3 );

“an English or Welsh detention order” means an order made by a magistrates’ court under section 47M of the Act (further detention in other cases)( 4 );

“an English or Welsh realisation of property order” means an order made under or for the purposes of section 67A of the Act (seized personal property)( 5 );

“a Northern Ireland compliance order” means an order made under or for the purposes of section 163A of the Act (orders for securing compliance with confiscation order)( 6 );

“a Northern Ireland detention order” means an order made by a magistrates’ court under section 195M of the Act (further detention in other cases)( 7 );

“a Northern Ireland realisation of property order” means an order made under or for the purposes of section 215A of the Act (seized personal property)( 8 );

“a Scottish compliance order” means an order made under or for the purposes of section 97B of the Act (orders for securing compliance with confiscation order)( 9 );

“a Scottish detention order” means an order made by a sheriff under section 127M of the Act (further detention in other cases)( 10 );

“a Scottish realisation of property order” means an order made under or for the purposes of section 131A of the Act (seized personal property)( 11 ).

PART 3 Amendment of Part 2 of the 2002 Order (enforcement in England and Wales)

Insertion of articles 4A, 4B and 4C

4. After article 4 of the 2002 Order (administrators and receivers) insert the following—

“ Compliance orders

4A. —(1) Any Northern Ireland compliance order or Scottish compliance order has effect in England and Wales.

(2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland compliance order or a Scottish compliance order may only be taken if the order is registered in accordance with article 6.

Detention orders

4B. —(1) Any Northern Ireland detention order or Scottish detention order has effect in England and Wales.

(2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland detention order or a Scottish detention order may only be taken if the order is registered in accordance with article 6.

Realisation of property orders

4C. —(1) Any Northern Ireland realisation of property order or Scottish realisation of property order has effect in England and Wales.

(2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland realisation of property order or a Scottish realisation of property order may only be taken if the order is registered in accordance with article 6. ” .

Amendment of article 6 (registration)

5. Article 6(1) of the 2002 Order (registration) is amended as follows—

(a) after “a Northern Ireland receivership order,” insert “a Northern Ireland compliance order, a Northern Ireland detention order, a Northern Ireland realisation of property order,”; and

(b) after “a Scottish administration order” insert “, a Scottish compliance order, a Scottish detention order, a Scottish realisation of property order”.

Amendment of article 7 (supplementary)

6. Article 7(2) of the 2002 Order (supplementary) is amended as follows—

(a) after “a Northern Ireland receivership order,” insert “a Northern Ireland compliance order, a Northern Ireland detention order, a Northern Ireland realisation of property order,”; and

(b) after “a Scottish administration order” insert “, a Scottish compliance order, a Scottish detention order, a Scottish realisation of property order”.

PART 4 Amendment of Part 3 of the 2002 Order (enforcement in Scotland)

Insertion of articles 9A, 9B and 9C

7. After article 9 of the 2002 Order (receivers) insert the following—

“ Compliance orders

9A. —(1) Any English or Welsh compliance order or Northern Ireland compliance order has effect in Scotland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh compliance order or a Northern Ireland compliance order may only be taken if the order is registered in accordance with article 11.

Detention orders

9B. —(1) Any English or Welsh detention order or Northern Ireland detention order has effect in Scotland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh detention order or a Northern Ireland detention order may only be taken if the order is registered in accordance with article 11.

Realisation of property orders

9C. —(1) Any English or Welsh realisation of property order or Northern Ireland realisation of property order has effect in Scotland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh realisation of property order or a Northern Ireland realisation of property order may only be taken if the order is registered in accordance with article 11. ” .

Amendment of article 11 (registration)

8. Article 11(1) of the 2002 Order (registration) is amended as follows—

(a) after “an English or Welsh receivership order,” insert “an English or Welsh compliance order, an English or Welsh detention order, an English or Welsh realisation of property order,”; and

(b) after “a Northern Ireland receivership order” insert “, a Northern Ireland compliance order, a Northern Ireland detention order, a Northern Ireland realisation of property order”.

Amendment of article 12 (supplementary)

9. Article 12(4) of the 2002 Order (supplementary) is amended as follows—

(a) after “an English or Welsh receivership order,” insert “an English or Welsh compliance order, an English or Welsh detention order, an English or Welsh realisation of property order,”; and

(b) after “a Northern Ireland receivership order” insert “, a Northern Ireland compliance order, a Northern Ireland detention order, a Northern Ireland realisation of property order”.

PART 5 Amendment of Part 4 of the 2002 Order (enforcement in Northern Ireland)

Insertion of articles 14A, 14B and 14C

10. After article 14 of the 2002 Order (administrators and receivers) insert the following—

“ Compliance orders

14A. —(1) Any English or Welsh compliance order or Scottish compliance order has effect in Northern Ireland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh compliance order or a Scottish compliance order may only be taken if the order is registered in accordance with article 16.

Detention orders

14B. —(1) Any English or Welsh detention order or Scottish detention order has effect in Northern Ireland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh detention order or a Scottish detention order may only be taken if the order is registered in accordance with article 16.

Realisation of property orders

14C. —(1) Any English or Welsh realisation of property order or Scottish realisation of property order has effect in Northern Ireland.

(2) Proceedings for or with respect to the enforcement or contravention of an English or Welsh realisation of property order or a Scottish realisation of property order may only be taken if the order is registered in accordance with article 16. ” .

Amendment of article 16 (registration)

11. Article 16(1) of the 2002 Order (registration) is amended as follows—

(a) after “an English or Welsh receivership order,” insert “an English or Welsh compliance order, an English or Welsh detention order, an English or Welsh realisation of property order,”; and

(b) after “a Scottish administration order” insert “, a Scottish compliance order, a Scottish detention order, a Scottish realisation of property order”.

Amendment of article 17 (supplementary)

12. Article 17(2) of the 2002 Order (supplementary) is amended as follows—

(a) after “an English or Welsh receivership order,” insert “an English or Welsh compliance order, an English or Welsh detention order, an English or Welsh realisation of property order,”; and

(b) after “a Scottish administration order” insert “, a Scottish compliance order, a Scottish detention order, a Scottish realisation of property order”.