The Crime and Courts Act 2013 (Consequential Amendments) Order 2015

JurisdictionUK Non-devolved
CitationSI 2015/230

2015No. 230

PROCEEDS OF CRIME, NORTHERN IRELAND

The Crime and Courts Act 2013 (Consequential Amendments) Order 2015

12thFebruary2015

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 58(4)(j) of the Crime and Courts Act 2013( 1) ("the 2013 Act").

The Secretary of State makes the following Order in exercise of the powers conferred by section 59(1) and (2) of the 2013 Act:

Citation, commencement and extent

1.-(1) This Order may be cited as the Crime and Courts Act 2013 (Consequential Amendments) Order 2015, and comes into force on the day after the day on which it is made.

(2) This Order extends to Northern Ireland only.

Amendment of section 195S of the Proceeds of Crime Act 2002

2. Section 195S of the Proceeds of Crime Act 2002( 2) is amended as follows-

(a) in subsection (1)(a), after "Revenue and Customs" insert "and immigration officers";(b) in subsection (1)(c), after "Revenue and Customs" insert ", immigration officers"; and(c) for subsection (1A), substitute-"(1A) In subsection (1) senior officers means-(a) officers of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,(b) immigration officers of a rank designated by the Secretary of State as equivalent to that of a senior police officer.(1B) A senior police officer means a police officer of at least the rank of inspector.".

Karen Bradley

Parliamentary Under Secretary of State

Home Office

12th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 195S of the Proceeds of Crime Act 2002 (c. 29)("the 2002 Act"). Section 195S requires the Secretary of State to make a code of practice in connection with the exercise by appropriate officers and senior officers, in Northern Ireland, of certain functions concerning powers of search, seizure and detention of property contained in Part 4 of the 2002 Act.

Who is an appropriate officer is set out in sections 190A (in relation to authorisation by restraint order of the detention of property seized by appropriate officers) and 195A (in relation to appropriate officers who may exercise the search and seizure powers under Part 4) of the 2002 Act. These provisions were amended by section 55 of, and Schedules 8 and 21 to, the Crime and Courts Act 2013 (c. 22)("the 2013 Act") to add an immigration officer. The...

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