Proceeds of Crime Act 2002 s.443 – Enforcement in different parts of the United Kingdom

(1)Her Majesty may by Order in Council make provision—

(a)for an order made by a court under Part 2 to be enforced in Scotland or Northern Ireland;

(b)for an order made by a court under Part 3 to be enforced in England and Wales or Northern Ireland;

(c)for an order made by a court under Part 4 to be enforced in England and Wales or Scotland;

[^F1860 (ca)for an order made by a court under Part 7 in one part of the United Kingdom to be enforced in another part;^F1860]

(d)for an order made under Part 8 in one part of the United Kingdom to be enforced in another part;

(e)for a warrant issued under Part 8 in one part of the United Kingdom to be executed in another part.

(2)Her Majesty may by Order in Council make provision—

(a)for a function of a receiver appointed in pursuance of Part 2 to be exercisable in Scotland or Northern Ireland;

(b)for a function of an administrator appointed in pursuance of Part 3 to be exercisable in England and Wales or Northern Ireland;

(c)for a function of a receiver appointed in pursuance of Part 4 to be exercisable in England and Wales or Scotland.

(3)An Order under this section may include—

(a)provision conferring and imposing functions on the prosecutor [^F1861, [^F1862 the National Crime Agency or its officers^F1862] and the relevant Director^F1861] ;

(b)provision about the registration of orders and warrants;

(c)provision allowing directions to be given in one part of the United Kingdom about the enforcement there of an order made or warrant issued in another part;

(d)provision about the authentication in one part of the United Kingdom of an order made or warrant issued in another part.

(4)An Order under this section may—

(a)amend an enactment;

(b)apply an enactment (with or without modifications).

[^F1863 (5) In this section “relevant Director” has the meaning given by section 352(5A). ^F1863]

Definitions used in section 443 1

the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

Cases considering section 443 3

Serious Organised Crime Agency v Perry & Ors

[2010] EWCA Civ 907 · 29 July 2010

Section 443 provides for enforcement in different parts of the United Kingdom through Orders in Council. The majority found no useful analogy with applying domestic law outside the United Kingdom. (see para [54])

Perry and others v Serious Organised Crime Agency

[2012] UKSC 35 · 25 July 2012

Section 443 authorises Orders in Council for enforcement and receiver functions across the separate United Kingdom jurisdictions. The court treated it as confirming that the securing and realisation powers in Parts 2 to 4 are territorially limited (see paras [36]-[37]).

Perry & Ors v Serious Organised Crime Agency (Rev 1)

[2011] EWCA Civ 578 · 18 May 2011

Section 443 was cited as providing for functions of receivers appointed under Parts 2 to 4 to be exercised in other United Kingdom jurisdictions. The omission of a Part 5 equivalent was treated as inconclusive (see paras [115]-[122]).

What each judgment says about section 443 is in the case-law panel in the full Act.

Explanatory note

593.This section provides for restraint, receivership and confiscation orders, including ancillary orders, and investigation orders and warrants under Part 8, made in each of three jurisdictions of the United Kingdom to be enforced in the other. The arrangements for such enforcement are to be made by Order in Council. Subsection (2) enables provision to be made so that the functions of a receiver or, in Scotland, an administrator may be recognised in the other jurisdictions. The section also provides for the amendment and application of other legislation for the specific narrow purpose of achieving the successful conversion of orders between the different jurisdictions.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Amendments

F1860S. 443(1)(ca) inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 83; S.I. 2017/991, reg. 2(u)
F1861Words in s. 443(3)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 137(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
F1862Words in s. 443(3) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 148; S.I. 2013/1682, art. 3(v)
F1863S. 443(5) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 137(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

Commencement

I404S. 443 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)