The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024

Made: 6th November 2024

Laid before Parliament: 13th November 2024

Coming into force: 26th April 2025

At the Court at Buckingham Palace, the 6th day of November 2024Present,The King’s Most Excellent Majesty in Council

His Majesty, in pursuance of section 443(1)(ca), (d) and (e) of the Proceeds of Crime Act 2002[^f00001], is pleased, by and with the advice of His Privy Council, to order as follows:

Citation, commencement and extent

1

• (1) This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2024.

• (2) It comes into force on 26th April 2025.

• (3) It extends to England and Wales, Scotland and Northern Ireland.

Interpretation

2

In this Order, “the Investigations Order” means the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003[^f00002].

Amendment of the Investigations Order

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• (1) The Investigations Order is amended as follows.

• (2) In article 2—

• (a) in the definition of “an English or Welsh appropriate officer”, after paragraph (a), insert—

(aa) in relation to a cryptoasset investigation[^f00003]— (i) a constable of a police force in England and Wales, (ii) an SFO officer[^f00004], (iii) an accredited financial investigator, or (iv) an officer of Revenue and Customs;

• (b) in the definition of “an English or Welsh further information order”, “a Northern Ireland further information order”, and “a Scottish further information order”, for “further information” each time it occurs, substitute “information”;

• (c) in the definition of “an England or Welsh production order”, for “or a frozen funds investigation” substitute “, a frozen funds investigation or a cryptoasset investigation”;

• (d) in the definition of “an English or Welsh search and seizure warrant”, for “or a frozen funds investigation” substitute “, a frozen funds investigation or a cryptoasset investigation”;

• (e) in the definition of “a Northern Ireland appropriate officer”, after paragraph (a), insert—

(aa) in relation to a cryptoasset investigation— (i) a constable of the Police Service of Northern Ireland. (ii) an SFO officer, (iii) an accredited financial investigator, or (iv) an officer of Revenue and Customs;

• (f) in the definition of “a Northern Ireland production order”, for “or a frozen funds investigation” substitute “, a frozen funds investigation or a cryptoasset investigation”;

• (g) in the definition of “a Northern Ireland search and seizure warrant”, for “or a frozen funds investigation” substitute “, a frozen funds investigation or a cryptoasset investigation”.

• (3) In article 12A, and in the heading to article 12A, for “further information” each time it occurs, substitute “information”.

• (4) In article 12B, and in the heading to article 12B, for “further information” each time it occurs, substitute “information”.

• (5) In article 22A, and in the heading to article 22A, for “further information” each time it occurs, substitute “information”.

• (6) In article 22B, and in the heading to article 22B, for “further information” each time it occurs, substitute “information”.

• (7) In article 32A, and in the heading to article 32A, for “further information” each time it occurs, substitute “information”.

• (8) In article 32B, and in the heading to article 32B, for “further information” each time it occurs, substitute “information”.

• (9) In article 33(1), for “or a frozen funds investigation” substitute “, a frozen funds investigation or a cryptoasset investigation”.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order in Council)

Explanatory Note

This Order makes consequential amendments to the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425) to reflect the changes made to the Proceeds of Crime Act 2002 (c. 29) by the Economic Crime and Corporate Transparency Act 2023 (c. 56), and in particular, the provision that Act makes for cryptoasset investigations.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.

Footnotes

[^f00001]: 2002 c. 29. Section 443 was amended by paragraph 137 of Schedule 8 to the Serious Crime Act 2007 (c. 27), paragraph 148 of Schedule 8 to the Crime and Courts Act 2013 (c. 22) and paragraph 83 of Schedule 5 to the Criminal Finances Act 2017 (c. 22).

[^f00002]: S.I. 2003/425, amended by S.I. 2008/298, 2015/925, 2016/291, 498, 2017/1280 and 2021/637.

[^f00003]: “Cryptoasset investigation” is defined in section 341(3D) of the Proceeds of Crime Act 2002. Subsection (3D) was inserted by paragraph 8(2) of Schedule 9 to the Economic Crime and Corporate Transparency Act 2023 (c. 56).

[^f00004]: “SFO officer” is defined by section 454A of the Proceeds of Crime Act 2002, inserted by paragraph 26 of Schedule 1 to the Criminal Finances Act 2017.