Citation, interpretation and extent

1. —(1) These Regulations may be cited as the Criminal Finances Act 2017 (Commencement No. 5) Regulations 2021.

(2) In these Regulations—

“POCA” means the Proceeds of Crime Act 2002( 2 );

“the Act” means the Criminal Finances Act 2017.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Sections of the Act coming into force on 28th June 2021

2. —(1) The following sections of the Act come into force in Northern Ireland on 28th June 2021 so far as not already in force—

(a) sections 1 to 3 (unexplained wealth orders);

(b) section 7 (disclosure orders);

(c) section 10 (power to extend moratorium period);

(d) section 13 (unlawful conduct: gross human rights abuses or violations);

(e) section 14 (forfeiture of cash);

(f) section 15 (forfeiture of certain personal (or moveable) property);

(g) section 16 (forfeiture of money held in bank and building society accounts);

(h) section 17 (Serious Fraud Office) so far as it relates to the paragraphs of Schedule 1 to the Act which are commenced by regulation 3;

(i) sections 19 to 21 (extension of powers);

(j) section 22 (search and seizure warrants: assault and obstruction offences);

(k) section 23 (assault and obstruction offence in relation to SFO officers);

(l) section 24 (external requests, orders and investigations);

(m) section 25 (obstruction offence in relation to immigration officers);

(n) section 31(1) (accredited financial investigators) so far as it relates to sub-paragraph (o) below;

(o) section 31(4);

(p) section 32(1) (reconsideration of discharged orders) so far as it relates to sub-paragraph (q) below;

(q) section 32(7);

(r) section 33 (confiscation investigations: determination of the available amount);

(s) section 53 (minor and consequential amendments) so far as it relates to the paragraphs of Schedule 5 to the Act which are commenced by regulation 4.

(2) The following sections of the Act also come into force on 28th June 2021—

(a) section 22 (search and seizure warrants: assault and obstruction offences) in England and Wales, so far as it inserts section 356A(3)(b) and (4)(b) into POCA( 3 );

(b) section 23 (assault and obstruction offence in relation to SFO officers) in England and Wales, so far as it inserts section 453B(3)(b) and (4)(b) into POCA( 4 );

(c) section 25 (obstruction offence in relation to immigration officers) in England and Wales and Scotland, so far as it inserts section 453C(2)(c) into POCA( 5 ).

Commencement of Schedule 1 (powers of members of staff of Serious Fraud Office) to the Act

3. The following provisions in Schedule 1 to the Act come into force in Northern Ireland on 28th June 2021—

(a) paragraphs 1 and 2; and

(b) paragraphs 7 to 26.

Commencement of Schedule 5 (minor and consequential amendments) to the Act

4. The following provisions in Schedule 5 to the Act come into force in Northern Ireland on 28th June 2021—

(a) paragraph 3 (Civil Jurisdiction and Judgments Act 1982( 6 ));

(b) paragraph 4 (Criminal Justice Act 1987( 7 ));

(c) paragraph 5 (Limitation (Northern Ireland) Order 1989( 8 ));

(d) paragraph 17 (Proceeds of Crime Act 2002) so far as it relates to the paragraphs of that Schedule which are specified in the following paragraphs of this regulation;

(e) paragraphs 18 and 19;

(f) paragraph 26;

(g) paragraphs 28 to 36;

(h) paragraph 37 so far as not already in force;

(i) paragraphs 39 to 82;

(j) paragraphs 84 to 88.