Statutory Instruments
2016 No. 208
Proceeds Of Crime
The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2016
Made
23rd February 2016
Coming into force
1st March 2016
The Secretary of State makes this Order in exercise of the powers conferred by sections 292(4) and (5) of the Proceeds of Crime Act 2002( 1 ) (“the Act”).
The Secretary of State—
(a) in accordance with section 292(5) of the Act, has revised the code of practice made under section 292(1) of the Act in connection with the exercise of the powers conferred by virtue of section 289 of the Act( 2 ) (“the revised code of practice”)( 3 );
(b) in accordance with section 292(2) of the Act, has published a draft of the revised code of practice, considered any representations made about the draft by the Scottish Ministers, the Department of Justice and any other person and, as she thought appropriate, modified the draft accordingly; and
(c) in accordance with section 292(3) of the Act, has laid a draft of the revised code of practice before Parliament.
In accordance with section 459(6)(a) of the Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation and commencement
1. —(1) This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2016.
(2) This Order comes into force on 1st March 2016.
Revised Code of Practice
2. The revised code of practice entitled “Code of Practice issued under section 292 of the Proceeds of Crime Act 2002 Recovery of Cash: Search Powers” laid in draft before Parliament on 16th December 2015 comes into operation on 1st March 2016.
Revocations
3. The following instruments are revoked—
(a) the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2002( 4 );
(b) the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2008( 5 );
(c) the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) (England and Wales and Scotland) Order 2015( 6 ).
John Hayes
Minister of State
Home Office
23rd February 2016
2002 c. 29 . Section 292 is amended by paragraph 5 of Schedule 11 to the Serious Crime Act 2007 (c. 27) , paragraph 5 of Schedule 48 to the Finance Act 2013 (c. 29) and S.I. 2010/976 .
Section 289 is amended by paragraph 2 of Schedule 48 to the Finance Act 2013 (c. 29) , paragraph 2 of Schedule 11 to the Serious Crime Act 2007 (c. 27) , section 63 of the Policing and Crime Act 2009 (c. 26) and S.I. 2010/976 .
The revised code of practice brought into operation by this Order replaces the code of practice brought into operation on 30th December 2002 by S.I. 2002/3115 and the revised codes of practice brought into operation on 6th April 2008 by S.I. 2008/947 and on 1st June 2015 by S.I. 2015/705 .