Statutory Instruments
2015 No. 612
Proceeds Of Crime, England And Wales
The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales) Order 2015
Made
9th March 2015
Coming into force
1st June 2015
This Order is made in exercise of the powers conferred by sections 377A(5) and (9) and 459(2) of the Proceeds of Crime Act 2002( 1 ) (“the Act”).
The Attorney General has:
(1) in accordance with section 377A(9) of the Act, revised the code of practice in relation to England and Wales in connection with the exercise by—
(a) the Director of Public Prosecutions and the Director of the Serious Fraud Office of functions they have under Chapter 2 of Part 8 of the Act; and
(b) any other person, who is the relevant authority by virtue of section 357(9)( 2 ) of the Act in relation to a confiscation investigation, of functions the person has under Chapter 2 of Part 8 of the Act in relation to England and Wales as the relevant authority (“the revised code of practice”);
(2) in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered any representations made to him about the draft and amended the draft accordingly; and
(3) in accordance with section 377A(4) of the Act, laid a draft of the revised code of practice before Parliament.
In accordance with section 459(6)(aa)( 3 ) of the Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Accordingly, the Attorney General makes the following Order:
Citation, commencement and extent
1. —(1) This Order may be cited as the Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales) Order 2015 and comes into force on 1st June 2015.
(2) This Order extends to England and Wales only.
Revised code of practice
2. Subject to article 3, the revised code of practice entitled “Code of Practice Issued Under Section 377A of the Proceeds of Crime Act 2002 (England and Wales)” laid in draft before Parliament on 21st January 2015 comes into operation on 1st June 2015.
Exercise of powers at time of coming into operation
3. The revised code of practice referred to in article 2 applies to the exercise on and after 1st June 2015 of any function by—
(a) the Director of Public Prosecutions and the Director of the Serious Fraud Office of functions under Chapter 2 of Part 8 of the Act; and
(b) any other person, who is the relevant authority by virtue of section 357(9) of the Act in relation to a confiscation investigation, of functions the person has under Chapter 2 of Part 8 of the Act in relation to England and Wales as the relevant authority,
notwithstanding that the exercise of the function may have begun before that date.
Jeremy Wright
Attorney General
9th March 2015
2002 c. 29 , section 377A is inserted by paragraph 115 of Schedule 8 to the Serious Crime Act 2007 (c. 27) and amended by S.I. 2014/834 .
Subsection (9) of section 357 was inserted by paragraph 108(7) of Schedule 8 to the Serious Crime Act 2007.
Subsection (6)(aa) of section 459 was inserted by paragraph 119(4) of Schedule 8 to the Serious Crime Act 2007.