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The Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111023464

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 459(6)(b) of the Proceeds of Crime Act 2002 for approval by resolution of the Scottish Parliament.

Proceeds Of Crime

Made 2014

Coming into force 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 142(6) of the Proceeds of Crime Act 2002f1 and all other powers enabling them to do so.

In accordance with section 459(6)(b) of that Actf2, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2002 c.29.

f2

Section 459(6)(b) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendment of the Proceeds of Crime Act 2002
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014 and comes into force on the day after the day on which it is made.

2Application

This Order applies only to offences committed on or after the day on which it comes into force.

3Amendment of the Proceeds of Crime Act 2002

In Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland)f1, after paragraph 9A insert—

“Consumer credit

9AA.

An offence under section 23(1) of the Financial Services and Markets Act 2000f2 (contravention of the general prohibition) if it concerns the carrying on, or purported carrying on, of a credit-related regulated activity (as defined by section 23(1B) of that Actf3).”

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order amends the Proceeds of Crime Act 2002 (“the Act”) by adding an offence to the list of lifestyle offences in Schedule 4 to the Act.

Section 92 of the Act provides for the making of confiscation orders against certain offenders. Where a court acts under that section it must, in terms of subsection (5), decide whether the offender has a criminal lifestyle and, if so, whether the offender has benefited from his or her general criminal conduct.

Under section 142(1)(a) of the Act, an offender has a criminal lifestyle if the offence of which he or she has been convicted (or, in the case of summary proceedings, has been discharged absolutely without proceeding to conviction) is an offence specified in Schedule 4.

The Order—

(a)

applies only to offences committed on or after the day on which it comes into force (article 2); and

(b)

amends Schedule 4 to the Act to specify as a lifestyle offence an offence under section 23(1) of the Financial Services and Markets Act 2000 in so far as it concerns the carrying on, or purported carrying on, of a credit-related regulated activity (article 3).