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Statutory Instruments

2015 No. 964 (C. 61)

Proceeds Of Crime

The Crime and Courts Act 2013 (Commencement No. 13 and Savings) Order 2015

Made

26th March 2015

The Secretary of State makes the following Order in exercise of the power conferred by sections 60(a) and 61(2) of the Crime and Courts Act 2013( 1 ).

In accordance with section 61(10) of that Act, the Secretary of State has consulted the Scottish Ministers in relation to the commencement of section 49 of and Schedule 19 to the Act.

Citation, interpretation and extent

1. โ€”(1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 13 and Savings) Order 2015.

(2) In this Orderโ€”

โ€œthe 2002 Actโ€ means the Proceeds of Crime Act 2002( 2 );

โ€œthe 2013 Actโ€ means the Crime and Courts Act 2013; and

โ€œcivil recovery investigationโ€ means an investigation within the meaning of section 341(2) and (3) of the 2002 Act (investigations)( 3 ).

(3) Article 2(c) to (f) do not extend to Northern Ireland.

Provisions coming into force on 1st June 2015

2. The following provisions of the 2013 Act come into force on 1st June 2015, so far as not already in forceโ€”

(a) section 48(6)(a) (civil recovery of the proceeds etc of unlawful conduct);

(b) Part 1 of Schedule 18 (enforcement of interim orders in the United Kingdom);

(c) section 49 (investigations);

(d) Part 1 of Schedule 19 (civil recovery investigations)( 4 ), except for the words โ€œand Northern Irelandโ€ in the headings before paragraphs 4, 6, 8, 10 and 12;

(e) Part 2 of Schedule 19 (evidence overseas); and

(f) Part 3 of Schedule 19 (consequential amendments: immigration officers and National Crime Agency).

Savings

3. โ€”(1) Notwithstanding the commencement of section 49 of, and Part 1 of Schedule 19 to, the 2013 Act, this has no effect in relation toโ€”

(a) any application for an order under Part 8 of the 2002 Act (investigations) relating to a civil recovery investigation made before 1st June 2015;

(b) any order made under Part 8 of the 2002 Act in relation to a civil recovery investigationโ€”

(i) which is in existence on the coming into force of this Order; or

(ii) as the result of an application mentioned in sub-paragraph (a);

(c) any application for a search and seizure warrant under section 352 of the Proceeds of Crime Act 2002( 5 ) in relation to a civil recovery investigation made before 1st June 2015;

(d) any search and seizure warrant issued under section 352 of the Proceeds of Crime Act 2002 in relation to a civil recovery investigationโ€”

(i) which is in existence on the coming into force of this Order; or

(ii) as the result of an application mentioned in sub-paragraph (c);

(e) any power of seizure under a search and seizure warrant mentioned in sub-paragraph (d); and

(f) any proceedings arising in relation toโ€”

(i) an application mentioned in sub-paragraphs (a) or (c);

(ii) an order mentioned in sub-paragraph (b);

(iii) a search and seizure warrant mentioned in sub-paragraph (d); or

(iv) a power of seizure mentioned in sub-paragraph (e).

(2) The proceedings mentioned in paragraph (1)(f) are not to be regarded as concluded until there is no further possibility of any appeal in relation to those proceedings.

Karen Bradley

Parliamentary Under Secretary of State

Home Office

26th March 2015

( 1 )

2013 c. 22 , there are amendments to section 61 but none relevant to this Order.

( 2 )

2002 c. 29 .

( 3 )

Subsections (2) and (3) of section 341 are substituted by paragraph 2 of Schedule 19 to the Crime and Courts Act 2013.

( 4 )

Part 1 of Schedule 19 is amended by 2015/798 .

( 5 )

Relevant amendments to section 352 are made by paragraph 105 of Schedule 8 to the Serious Crime Act 2007 (c. 27) , paragraph 137 of Schedule 8 to the Crime and Courts Act 2013 and 2014/834 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Crime and Courts Act 2013 (Commencement No. 13 and Savings) Order 2015 (2015/964)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
civil recovery investigationart. 1.civil_reco_rt3jNqm
the 2002 Actart. 1.the_2002_A_rtdYj5z
the 2013 Actart. 1.the_2013_A_rtDPLf6

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