This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament and published on 16th December 2015 [ISBN 978-0-11-114220-2]. It is being issued free of charge to all known recipients of that draft Statutory Instrument.
Draft Order laid before Parliament under section 459(6)(aa) of the Proceeds of Crime Act 2002, for approval by resolution of each House of Parliament.
2016 No.
The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016
Made
Coming into force
The Attorney General and the Advocate General for Northern Ireland (the “Attorney General”) make this Order in exercise of the powers conferred by section 377A(5) and (9) of the Proceeds of Crime Act 20021 (“the Act”).
The Attorney General has—
in accordance with section 377A(9) of the Act, revised2 the codes of practice prepared under section 377A(1) and (2) of the Act in connection with the exercise of functions under Chapter 2 of Part 8 of the Act by—
the Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland of functions they have under Chapter 2 of Part 8 of the Act; and
any other person, who is the relevant authority by virtue of section 357(9) of the Act in relation to a confiscation investigation, of functions the person has under Chapter 2 of Part 8 of the Act in relation to England, Wales and Northern Ireland as the relevant authority;
in accordance with section 377A(3) of the Act, published a draft of the revised code of practice, considered any representations made to him about the draft and, as he thought appropriate, amended the draft accordingly; and
in accordance with section 377A(4) of the Act, laid a draft of the revised code of practice before Parliament.
In accordance with section 459(6)(aa) of the Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.