The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009

Made: 16th June 2009

Coming into force in accordance with article 1

In accordance with section459(6)(b) of the Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement, extent and revocation

1

• (1) This Order may be cited as the Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2009 and shall come into force on 18thJune 2009 or, if this Order has not been made by 17thJune 2009, on the day after the day on which it is made.

• (2) This Order extends to Scotland only.

• (3) The Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003[^f00003] is revoked.

Revised code of practice

2

The revised code of practice entitled “Code of Practice issued under section410 of the Proceeds of Crime Act 2002” laid before the Scottish Parliament on 8th May 2009 shall come into operation on 18thJune 2009 or, if this Order has not been made by 17thJune 2009, on the day after the day on which it is made.

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 16th June 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made in exercise of the powers conferred by section410(4) of the Proceeds of Crime Act 2002 (“the Act”). The Order brings into operation a revised version of the code of practice which is required by section410(1) of the Act for the exercise of investigatory powers under Chapter3 of Part8 of the Act by “proper persons” (as defined by section412 of the Act). The revised code of practice replaces the code brought into operation on 24th February 2003 entitled “Code of Practice issued under section 410 of the Proceeds of Crime Act 2002” and this Order revokes the Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 that brought that code of practice into operation.

The investigatory powers set out in Chapter3 of Part8 of the Act comprise powers for making, serving and executing production orders, search warrants, customer information orders, account monitoring orders and disclosure orders. They are relevant to confiscation investigations, money laundering investigations and civil recovery investigations as defined in Chapter1 of Part8 of the Act.

Footnotes

[^f00001]: 2002 c.29.

[^f00002]: The code of practice was brought into operation on 24th February 2003 in accordance with SSI 2003/94.

[^f00003]: S.S.I. 2003/94.