The Crime and Courts Act 2013 (Commencement No. 11) Order 2014

Made: 20th November 2014

In accordance with section 61(10) of that Act, the Secretary of State has consulted the Scottish Ministers in relation to the partial commencement of section 49 and Schedule 19 by article 3.

Citation and interpretation

1

• (1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 11) Order 2014.

• (2) In this Order—

• “the 2013 Act” means the Crime and Courts Act 2013; and

• “the 2002 Act” means the Proceeds of Crime Act 2002[^f00002].

Provisions being brought fully into force

2

The following provisions of the 2013 Act come into force on 22nd November 2014—

• (a) section 55(3) in so far as it relates to the provision in paragraph (b);

• (b) section 55(4);

• (c) section 55(14) in so far as it relates to the provisions in paragraphs (d) and (e) of this article;

• (d) paragraph 14 of Part 1 of Schedule 21 in so far as it relates to the provisions in paragraph (e) of this article;

• (e) paragraphs 15 to 18 and 20 to 29 of Part 1 of Schedule 21.

Provisions being brought into force for the purpose of making subordinate legislation

3

• (1) Subject to paragraph (2), the provisions of the 2013 Act in paragraph (3) come into force on 22nd November 2014, to the extent specified.

• (2) The provisions in paragraph (3) come into force only so far as is necessary for the purpose of making rules of court.

• (3) The provisions are—

• (a) section 49(b) in so far as it relates to the provisions in sub-paragraphs (b) to (d);

• (b) paragraph 24 of Part 2 of Schedule 19 in so far as it relates to the provisions in sub-paragraphs (c) and (d);

• (c) paragraph 26 of Part 2 of Schedule 19 in so far as it inserts section 375A(5), (10) and (11) into the 2002 Act; and

• (d) paragraph 28 of Part 2 of Schedule 19 in so far as it inserts section 408A(5), (10) and (11) into the 2002 Act.

Signed

Karen Bradley — Parliamentary Under Secretary of State — Home Office — 20th November 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the eleventh commencement order made under the Crime and Courts Act 2013 (c. 22) (“the 2013 Act”).

Article 2 brings into force on 22nd November 2014 certain amendments to the Proceeds of Crime Act [2002 (c. 29)](https://www.legislation.gov.uk/ukpga/2002/29) (“the 2002 Act”) made by the 2013 Act, relating to the exercise of powers by ‘appropriate officers’ under the 2002 Act. The amendments add immigration officers to the list of appropriate officers able to exercise the powers, and make related consequential amendments in relation to the definition of who is a ‘senior officer’ in this context. The amendments also limit the exercise of the powers by immigration officers to their exercise in relation to unlawful conduct in respect of certain immigration matters only. The powers concerned are search and seizure powers and power to retain seized property.

Article 3 brings certain provisions partially into force on 22nd November 2014, for the purpose of making rules of court only. Sections 375A and 408A of the 2002 Act concern obtaining evidence overseas in relation to investigations under Part 8 of that Act, where a judge wishes to request assistance because the judge thinks that there is evidence in a country or territory outside the UK which is relevant to the investigation. Section 375A concerns applications to courts in England, Wales and Northern Ireland, and section 408A concerns applications to courts in Scotland. Sections 375A(10) and 408A(10) which enable the making of rules of court are partially commenced, along with the parts of those sections containing relevant definitions.

Footnotes

[^f00001]: 2013 c. 22.

[^f00002]: 2002 c. 29.