Citation, commencement and extent

1.-(1) This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) (England and Wales and Scotland) Order 2015, and comes into force on 1st June 2015.

(2) This Order does not extend to Northern Ireland.

Revised Code of Practice

2.  Subject to article 3, the revised code of practice entitled "Code of Practice issued under the Proceeds of Crime Act 2002 Recovery of Cash: Search Powers (England and Wales and Scotland)" laid in draft before Parliament on 17th December 2014 comes into operation on 1st June 2015.

Exercise of powers at time of coming into operation

3.  The revised code of practice referred to in article 2 applies to the exercise of any power conferred by virtue of section 289 of the Proceeds of Crime Act 2002 by-

(a)an officer of Revenue and Customs,

(b)in relation to England and Wales, a constable, or

(c)in relation to England and Wales, an accredited financial investigator,

after midnight on 31st May 2015 notwithstanding that the exercise of the power may have begun before that time.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 1st June 2015 in relation to England and Wales and Scotland the revised code of practice made pursuant to section 292 of the Proceeds of Crime Act 2002 ("the 2002 Act") in connection with the exercise by officers of Revenue and Customs and, in relation to England and Wales only, constables and accredited financial investigators, of the powers conferred by virtue of section 289 of the 2002 Act. The revised code of practice does not apply in relation to Northern Ireland, where the previous version of the code continues to apply.

Section 289 of the 2002 Act permits officers of Revenue and Customs, constables and accredited financial investigators to search persons, vehicles and premises for cash which is derived from, or intended for use in, unlawful conduct.

By virtue of section 24 of the UK Borders Act 2007, Chapter 3 of Part 5 of the 2002 Act (which includes both sections 289 and 292 of the 2002 Act) applies to an immigration officer as it applies in relation to a constable subject to modifications made by that section. Immigration officers may exercise the powers in England and Wales and Scotland.

Article 3 of the Order makes provision in relation to persons who begin exercising any power conferred by virtue of section 289 of the 2002 Act before the revised code of practice comes into operation and continue to do so after it has come into operation.

An impact assessment has not been produced for this instrument as it has no direct impact on business, the public sector, charities or voluntary bodies.