2018 No. 114
The Proceeds of Crime Act 2002 (Searches under Part 5: Constables in Scotland: Code of Practice) Order 2018
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 293(4) and 303H(4) of the Proceeds of Crime Act 20021 (“the Act”) and all other powers enabling them to do so.
The Scottish Ministers have—
in accordance with sections 293(5) and 303H(1) of the Act, respectively revised the code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by virtue of section 289 of the Act (searches for cash)2 and made a code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by section 303C of the Act (searches for listed assets)3 (“the combined code of practice”);
in accordance with sections 293(2) and 303H(2) of the Act, published a draft of the combined code of practice, considered representations made to them about the draft and modified the draft in the light of the representations; and
in accordance with sections 293(3) and 303H(3) of the Act, laid a draft of the combined code of practice before the Scottish Parliament.
In accordance with section 459(6)(b) of the Act4, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.