# The Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2015, Note: 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”) and extends to Scotland only.
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 (article 2). The revised code of practice replaces the code entitled “Code of Practice for Constables in Scotland issued under section 293 of the Proceeds of Crime Act 2002” which was brought into operation on 18th June 2009 (“the 2009 code”).
The Order revokes the Proceeds of Crime Act 2002 (Cash Searches: Constables in Scotland: Code of Practice) Order 2009, which brought the 2009 code into operation (article 3).
Section 289 of the Act allows constables to search for cash which is recoverable property (property obtained through unlawful conduct) or is intended by any person for use in unlawful conduct, and which is not less than the minimum amount (currently £1000). Section 289 only confers a search power where certain conditions are met. There are limits on the extent to which the powers under section 289 are exercisable. The revised code of practice takes account of amendments made to section 289 of the Act by section 63 of the Policing and Crime Act 2009 (c.26) in relation to the power to search vehicles. Those amendments come into force on 1st June 2015 by virtue of the Policing and Crime Act 2009 (Commencement No. 10, Transitional Provision and Savings) Order 2015 (S.I. 2015/983).

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111027578/note (the official version)
Page: https://openlegislation.uk/draft-proceeds-of-crime-act-2002-cash-searches-constables-in-scotland-code-of-practice-order-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.