# The Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016

Draft 2016, ISBN 9780337999420

This Order brings into operation on 1stMarch2016 a code of practice made under section 293A(1) of the Proceeds of Crime Act 2002 (“the 2002 Act”) in connection with the exercise of the powers conferred by virtue of section 289 of the 2002 Act.

Made under: Proceeds of Crime Act 2002 (Section 293A, Section 459)

PDFs: Printed copy https://openlegislation.uk/draft-proceeds-of-crime-act-2002-cash-searches-code-of-practice-order-northern-ireland-2016/pdf/nidsr_9780337999420_en.pdf; Explanatory Memorandum https://openlegislation.uk/draft-proceeds-of-crime-act-2002-cash-searches-code-of-practice-order-northern-ireland-2016/pdf/nidsrem_9780337999420_en.pdf

## Introductory text

Draft Order laid before the Assembly under 293A(4) and 459(7B) of the Proceeds of Crime Act 2002 for approval
Proceeds Of Crime
Made xx xxxx 2016
Coming into operation 1st March 2016
The Department of Justice makes the following Order in exercise of the powers conferred by section 293A(4) of the Proceeds of Crime Act 2002 (“the Act”).
The Department of Justice has—
(a) in accordance with section 293A(1) of the Act, made a code of practice in connection with the powers under the Act relating to cash searches;
(b) in accordance with section 293A(2) of the Act, published a draft of the code of practice, considered any representations made about the draft and, as the Department thought appropriate, modified the draft in the light of any such representations; and
(c) in accordance with section 293A(3) of the Act, laid a draft of the code of practice before the Assembly.
In accordance with section 459(7B) of the Act, a draft of this Order was laid before, and approved by a resolution of, the Assembly.
Accordingly, the Department of Justice, in exercise of the powers conferred by section 459(2) of the Act, makes the following Order-

## 1 Citation and commencement

This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order (Northern Ireland) 2016 and it comes into operation on 1st March 2016.

## 2 Code of Practice

The code of practice entitled “Code of Practice issued under section 293A of the Proceeds of Crime Act 2002: Recovery of Cash: Search Powers (Northern Ireland)” laid in draft before the Assembly on [xxxx 2016] comes into operation on 1st March 2016.

## Signature

Sealed with the Official Seal of the Department of Justice on xx xxxx 2016.
L.S.
David Ford
Minister of Justice

## Explanatory note

(This note is not part of the Order)
This Order brings into operation on 1st March 2016 a code of practice made under section 293A(1) of the Proceeds of Crime Act 2002 (“the 2002 Act”) in connection with the exercise of the powers conferred by virtue of section 289 of the 2002 Act.
Section 289 of the 2002 Act permits officers of Revenue and Customs, constables and accredited financial investigators to search persons, premises and vehicles for cash which is derived from, or intended for use in, unlawful conduct.
By virtue of section 24 of the UK Borders Act 2007 (c. 30), Chapter 3 of Part 5 of the 2002 Act (which includes both sections 289 and 292) applies to an immigration officer as it applies in relation to a constable subject to modifications made by that section. Immigration officers may exercise the powers in England and Wales, Scotland and Northern Ireland.
The code of practice made under section 293A(1) of the 2002 Act applies to constables and accredited financial investigators in Northern Ireland. Officers of Revenue and Customs and immigration officers are covered by a code of practice issued under section 292 of the 2002 Act, made by the Secretary of State.
An impact assessment has not been produced for this Order as it has no direct impact on business, charities or voluntary bodies. The code of practice provides guidance on the use of powers under the 2002 Act by bodies in the public sector and incorporates existing best practice, but it does not require any greater use of those powers which could result in an additional impact.

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Source: https://www.legislation.gov.uk/nidsr/2016/9780337999420 (the official version)
Page: https://openlegislation.uk/draft-proceeds-of-crime-act-2002-cash-searches-code-of-practice-order-northern-ireland-2016
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.