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 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. Copies of the code of practice will be available at all police stations for consultation by the police and members of the public. The Scottish Ministers will also make it publicly available.

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.

In accordance with the Act, a separate code of practice is being made for England, Wales and Northern Ireland by the Secretary of State.