The Serious Crime Act 2007 (Commencement No. 1) (Scotland) Order 2008

Made: 14th April 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 94(3) and (4)(c) of the Serious Crime Act 2007[^f00001] and all other powers enabling them to do so.

Citation

1

This Order may be cited as the Serious Crime Act 2007 (Commencement No. 1) (Scotland) Order 2008.

Appointed day

2

The day appointed for the coming into force of section 86 of the Serious Crime Act 2007 is 28th April 2008.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 14th April 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force on 28th April 2008 section 86 of the Serious Crime Act 2007. This amends section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations) to provide that, in Scotland, a proper person may use reasonable force in executing a search warrant issued under that section where such force is necessary. “Proper person” is defined in section 412 of the Proceeds of Crime Act 2002. It means a constable, in relation to a confiscation investigation or a money laundering investigation, or the Scottish Ministers or a person named by them, in relation to a civil recovery investigation. “Constable” is further defined in that section as including a customs and excise officer.

Footnotes

[^f00001]: 2007 c. 27.