Explanatory note

This Order is made in exercise of the powers conferred by section 410(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 410(1) of the Act for the exercise of investigatory powers under Chapter 3 of Part 8 of the Act by “proper persons” (as defined by section 412 of the Act). The revised code of practice replaces the code brought into operation on 24th February 2003 entitled “Code of Practice issued under section 410 of the Proceeds of Crime Act 2002” and this Order revokes the Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 that brought that code of practice into operation.

The investigatory powers set out in Chapter 3 of Part 8 of the Act comprise powers for making, serving and executing production orders, search warrants, customer information orders, account monitoring orders and disclosure orders. They are relevant to confiscation investigations, money laundering investigations and civil recovery investigations as defined in Chapter 1 of Part 8 of the Act.