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Proceeds Of Crime

Made 13th November 2019

Coming into force 28th November 2019

The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 410(4) of the Proceeds of Crime Act 2002f1 and all other powers enabling them to do so:

The Scottish Ministers have—

(a)

in accordance with section 410(8) of that Act, revised the code of practice as to the exercise by proper persons of functions they have under Chapter 3 of Part 8 of that Actf2,

(b)

in accordance with section 410(2) of that Act prepared and published a draft of the revised code of practice, considered representations made to them about the draft and amended the draft accordingly, and

(c)

in accordance with section 410(3) of that Act, laid the revised code of practice before the Scottish Parliament.

In accordance with section 459(6)(b) of that Actf3, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations

Footnotes

f1

2002 c.29.

f2

The code of practice “Code of Practice issued under Section 410 of the Proceeds of Crime Act 2002” was brought into operation on 24 February 2003 in accordance with S.S.I. 2003/94. It was subsequently replaced by a revised code of practice “Investigative Orders Under the Proceeds of Crime Act 2002: Code of Practice Issued Under Section 410 of the Proceeds of Crime Act”, which was brought into operation on 18 June 2009 by S.S.I. 2009/245.

f3

Section 459(6)(b) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). It has also been relevantly amended by paragraph 87(5) of schedule 5 of the Criminal Finances Act 2017.