Statutory Instruments
2016 No. 222
Proceeds Of Crime, England And Wales
Proceeds Of Crime, Northern Ireland
The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016
Made
24th February 2016
Coming into force
1st March 2016
The Attorney General and the Advocate General for Northern Ireland (the “Attorney General”) make this Order in exercise of the powers conferred by section 377A(5) and (9) of the Proceeds of Crime Act 2002( 1 ) (“the Act”).
The Attorney General has—
(a) in accordance with section 377A(9) of the Act, revised( 2 ) the codes of practice prepared under section 377A(1) and (2) of the Act in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by—
(i) the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland of functions they have under Chapter 2 of Part 8 of the Act; and
(ii) 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, Wales and Northern Ireland as the relevant authority;
(b) 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, as he thought appropriate, amended the draft accordingly; and
(c) 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) of the Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
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 and Northern Ireland) 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 377A of the Proceeds of Crime Act 2002 (England and Wales and Northern Ireland) Investigative Powers of Prosecutors” 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 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008( 3 ); and
(b) The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales) Order 2015( 4 ).
Robert Buckland
Solicitor General
Attorney General’s Office
24th February 2016
2002 c. 29 . Section 459(6)(aa) was added by the Serious Crime Act 2007 c. 27 Sch.8(4) para.119(4) (April 1, 2008)
The revised code of practice brought into operation by this Order replaces the code of practice brought into operation in relation to England and Wales and Northern Ireland on 22nd July 2008 by S.I. 2008/1978 and the revised code of practice brought into operation in relation to England and Wales only on 1st June 2015 by S.I. 2015/612 .