Statutory Instruments
2016 No. 498
Proceeds Of Crime
The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016
Made
12th April 2016
Laid before Parliament
19th April 2016
Coming into force
10th May 2016
At the Court at Windsor Castle, the 12th day of April 2016
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 443 and 459(2) of the Proceeds of Crime Act 2002( 1 ), is pleased, by and with the advice of Her Privy Council, to order as follows.
Citation and commencement
1. —(1) This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) (No. 2) Order 2016.
(2) This Order comes into force on 10th May 2016.
Amendment of the Proceeds of Crime Act 2002 (investigations in different parts of the United Kingdom) Order 2003
2.The Proceeds of Crime Act 2002 (investigations in different parts of the United Kingdom) Order 2003( 2 ) is amended as follows.
Amendment of article 33 (applications for discharge and variation and Code of Practice)
3. In article 33 (applications for discharge and variation and Code of Practice)—
(a) in paragraph (3)—
(i) omit “or in Northern Ireland”;
(ii) after “made” in the second place it appears insert “by the Department of Justice in Northern Ireland under section 377ZA(4)( 3 ) of the Act, or”;
(b) after paragraph (3), insert—
“ (3A) The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—
(a) an English or Welsh appropriate officer except for an accredited financial investigator or a constable of a police force in England and Wales; or
(b) a Northern Ireland appropriate officer except for an accredited financial investigator or a constable of the Police Service of Northern Ireland.
(3B) The Code of Practice for the time being in operation by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act applies to any act done in Northern Ireland in respect of the order or warrant by—
(a) an English or Welsh accredited financial investigator or a constable of a police force in England and Wales;
(b) a Northern Ireland accredited financial investigator or a constable of the Police Service of Northern Ireland; or
(c) a constable of a police force in Scotland,
and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act, or by virtue of an order made by the Scottish Ministers under section 410(4) of the Act, does not apply in such circumstances. ” ;
(c) in paragraph (4), after “section 377(4) of the Act”, insert “, or by virtue of an order made by the Department of Justice in Northern Ireland under section 377ZA(4) of the Act,”.
Ceri King
Deputy Clerk of the Privy Council
2002 c. 29 . Section 443 was amended by the Serious Crime Act 2007 (c. 27) , s. 74(2)(f) and Schedule 8, Part 6, paragraphs 121 and 137 and by the Crime and Courts Act 2013 (c. 22) , s. 15(3) and Schedule 8, Part 2, paragraphs 108 and 148.
S.I. 2003/425 , as amended by S.I. 2008/298 , 2015/925 and 2016/291 .
Section 377ZA was inserted by article 12 of, and paragraphs 47 and 68 of Schedule 14 to, S.I. 2010/976 .