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Statutory Instruments

2017 No. 4 (C. 1)

Proceeds Of Crime

The Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017

Made

9th January 2017

The Secretary of State makes this Order in exercise of the powers 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 the provisions commenced by this Order in Schedule 19 to, that Act.

Citation, interpretation and extent

1. β€”(1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017.

(2) In this Orderβ€”

β€œthe 2002 Act” means the Proceeds of Crime Act 2002( 2 );

β€œthe 2013 Act” means the Crime and Courts Act 2013; and

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

Provisions coming into force on 1st February 2017

2. Paragraphs 1 to 13, 24 to 27, 29 and 30 of Schedule 19 to the 2013 Act( 4 ), and section 49 of that Act insofar as it relates to those paragraphs, come into force in relation to Northern Ireland on 1st February 2017, so far as not already in force.

Savings

3. β€”(1) The commencement by article 2 of section 49 of, and paragraphs 2 to 13 of Schedule 19 to, the 2013 Act has no effect in relation toβ€”

(a) any application for an order under Part 8 of the 2002 Act (investigations) relating to a civil recovery investigation made before 1st February 2017;

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

(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 2002 Act in relation to a civil recovery investigation made before 1st February 2017;

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

(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 toβ€”

(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.

Ben Wallace

Minister of State

Home Office

9th January 2017

( 1 )

2013 c. 22 . There are amendments to section 61 which are not relevant to this Order.

( 2 )

2002 c. 29 .

( 3 )

Section 341(2) and (3) were substituted by section 49(a) of, and paragraphs 1 and 2 of Part 1 of Schedule 19 to, the Crime and Courts Act 2013.

( 4 )

The headings to paragraphs 4, 6, 8, 10 and 12 of Schedule 19 were amended by S.I. 2015/798 .

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. 16 and Savings) Order 2017 (2017/4)

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_rtBe8l3
the 2002 Actart. 1.the_2002_A_rtnb1k7
the 2013 Actart. 1.the_2013_A_rt0cXje

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