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The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009

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

Draft 2009, ISBN 9780111005071

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 2009

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 293(4) of the Proceeds of Crime Act 2002f1 (“the Act”) and all other powers enabling them to do so.

The Scottish Ministers:

(1)

have, in accordance with section 293(5) of the Act, revised the code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by section 289 of the Act (searches) (“the revised code of practice”)f2;

(2)

have, in accordance with section 293(2) of the Act, published a draft of the revised code of practice, considered representations made to them about the draft and modified the draft in the light of the representations; and

(3)

have, in accordance with section 293(3) of the Act, laid the revised code of practice before the Scottish Parliament.

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

Annotations to the whole text

Footnotes

f1

2002 c. 29.

f2

The Code of Practice was brought into operation on 30th December 2002 in accordance with SSI 2002/569.

Contents

  1. 1Citation, commencement, extent and revocation
  2. 2Revised code of practice
  3. Signature
  4. Explanatory note

1Citation, commencement, extent and revocation

(1)

This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009 and shall come into force on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which it is made.

(2)

This Order extends to Scotland only.

(3)

The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002f1 is revoked.

2Revised code of practice

The revised code of practice entitled “Code of Practice for Constables in Scotland issued under section 293 of the Proceeds of Crime Act 2002” laid in draft before the Scottish Parliament on 8th May 2009 shall come into operation on 18th June 2009 or, if this Order has not been made by 17th June 2009, on the day after the day on which this Order is made.

Signature

Authorised to sign by the Scottish Ministers

St Andrews House,

Edinburgh

2009

Explanatory note

(This note is not part of the Order)

This Order is made in exercise of the powers conferred by section 293(4) of the Proceeds of Crime Act 2002 (“the Act”). The Order brings into operation a revised version of the code of practice which is required by section 293(1) of the Act for cash searches conducted by constables in relation to Scotland under section 289 of the Act. The revised code of practice replaces the code brought into force on 30th December 2002 entitled “Code of Practice for Constables in Scotland under the Proceeds of Crime Act 2002” and this Order revokes the Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2002 that brought that code of practice into operation.

Section 289 allows constables to search for cash, which is recoverable or is intended by any person for use in unlawful conduct.