The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/83
Year2018

2018 No. 83

Proceeds Of Crime

The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018

Made 20th January 2018

Coming into force 16th April 2018

The Secretary of State makes this Order in exercise of the powers conferred by section 292(4) and (5) of the Proceeds of Crime Act 20021(“the Act”).

The Secretary of State—

(a) under section 292(5) of the Act, has revised the code of practice made under section 292(1) of the Act in connection with the exercise of the powers conferred by virtue of section 289 of the Act2;

(b) in accordance with section 292(2) of the Act, has published a draft of the revised code of practice, considered any representations made about the draft by the Scottish Ministers, the Department of Justice and any other person and modified the draft, as thought appropriate, in the light of such representations;

(c) in accordance with section 292(2A) of the Act, has consulted with the Attorney General about the draft of the revised code of practice in its application to the exercise of powers by SFO officers and the Director of the Serious Fraud Office, and

(d) in accordance with section 292(3) of the Act, has laid a draft of the revised code of practice before Parliament.

In accordance with section 459(6)(a) of the Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2018 and comes into force on 16th April 2018.

S-2 Revised code of practice

Revised code of practice

2. The revised code of practice entitled “Code of Practice issued under section 292 of the Proceeds of Crime Act 2002 Recovery of Cash: Search Powers” laid in draft before Parliament on 23rd October 2017 comes into operation on 16th April 2018.

S-3 Revocation

Revocation

3. The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 20163is revoked.

Ben Wallace

Minister of State

Home Office

20th January 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 16th April 2018 a revised code of practice made under section 292 of the Proceeds of Crime Act 2002 (c. 29)(“the 2002 Act”) in connection with the exercise of the powers conferred by virtue of section 289 of the 2002 Act.

Section 289 of the 2002 Act permits officers of Revenue and Customs, constables, and...

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