The Policing and Crime Act 2009 (Commencement No. 9) Order 2014

Made: 20th November 2014

In accordance with section 116(2A) of that Act, the Secretary of State has obtained the consent of the Department of Justice in Northern Ireland in so far as this Order relates to section 57 of that Act.

Citation and interpretation

1

• (1) This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 9) Order 2014.

• (2) In this Order—

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

• “the 2009 Act” means the Policing and Crime Act 2009.

Provisions being brought fully into force

2

The following provisions of the 2009 Act come into force on 22nd November 2014—

• (a) section 57(1) in so far as it relates to the provision in paragraph (b);

• (b) section 57(5)[^f00003];

• (c) section 112(1) in so far as it relates to the provisions in paragraphs (d) and (e);

• (d) paragraph 66 in Part 6 of Schedule 7 in so far as it relates to the provision in paragraph (e); and

• (e) paragraph 95 in Part 6 of Schedule 7.

Provisions coming into force for the purpose of making subordinate legislation

3

• (1) Subject to paragraph (2), the provisions of the 2009 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 to the extent that they confer a power—

• (a) to make subordinate legislation under the 2002 Act; or

• (b) for the Lord Advocate to issue guidance under section 127R of the 2002 Act,

and so far as is necessary for the purpose of making regulations, rules of court , orders, codes of practice (which includes, in relation to the making of a Code of Practice, the taking of steps to comply with the procedural requirements for making that Code) or issuing guidance.

• (3) The provisions are—

• (a) section 55(1) in so far as it relates to the provisions in sub-paragraph (b);

• (b) section 55(2) in so far as it inserts sections 47A, 47G and 47S(1) to (5) into the 2002 Act;

• (c) section 56(1) in so far as it relates to the provisions in sub-paragraph (d);

• (d) section 56(2) in so far as it inserts sections 127A, 127G and 127R into the 2002 Act;

• (e) section 57(1) in so far as it relates to the provisions in sub-paragraph (f);

• (f) section 57(2)[^f00004] in so far as it inserts sections 195S(1) to (5) and 195T(1) to (7) into the 2002 Act;

• (g) section 65(1) in so far as it inserts section 297A(3) to (5) into the 2002 Act;

• (h) section 66(1) in so far as it relates to the provision in sub-paragraph (i);

• (i) section 66(5);

• (j) section 112(2) in so far as it relates to the provisions in sub-paragraph (k); and

• (k) Part 5 of Schedule 8 in so far as it relates to section 351(8) of 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 ninth commencement order made under the Policing and Crime Act 2009 (c. 22) (“the 2009 Act”). The 2009 Act made amendments to the Proceeds of Crime Act (c. 29) (“the 2002 Act”).

Article 2 brings into force on 22nd November 2014 amendments made by the 2009 Act to section 459 of the 2002 Act, which sets out the Parliamentary procedures for orders and regulations made under the 2002 Act. This is in anticipation of the making of subordinate legislation under the following provisions of the 2002 Act:

• section 41A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in England and Wales);

• section 47S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate and senior officers in England and Wales);

• section 127R (issuing of statutory guidance by the Lord Advocate in relation to the exercise of certain functions under Part 3 of the Act by appropriate and senior officers in Scotland);

• section 190A(5) (power of the Secretary of State to amend the definition of “relevant seizure power” in relation to restraint orders in Northern Ireland);

• section 195S(4) (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland); and

• section 195T(5) (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate and senior officers in Northern Ireland).

Article 3 brings into force on 22nd November 2014 certain provisions of the 2009 Act, for the purpose of the making of subordinate legislation under the following powers in the 2002 Act:

• section 47S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 2 of the Act by appropriate officers in England and Wales);

• section 195S (making of a Code of Practice by the Secretary of State relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

• section 195T (making of a Code of Practice by the Department of Justice in Northern Ireland relating to the exercise of certain functions under Part 4 of the Act by certain appropriate officers in Northern Ireland);

• section 297A (making of regulations by the Secretary of State in relation to the giving of a forfeiture notice);

• section 351 (amending rules of court in relation to making production orders for the purposes of a detained cash investigation under Part 8 of the 2002 Act).

Footnotes

[^f00001]: 2009 c. 26, section 116 was amended by S.I.s 2010/976 and 2012/2595.

[^f00002]: 2002 c. 29.

[^f00003]: Section 57(5) was inserted by S.I. 2012/2595.

[^f00004]: Section 57(2) was amended by S.I. 2012/2595.