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The Serious Crime Act 2007 (Commencement No. 1) (Scotland) Order 2008

S.S.I. 2008/152 · Made 14 April 2008

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.

PROCEEDS OF CRIME

Made 14th April 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 94(3) and (4)(c) of the Serious Crime Act 2007f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2007 c. 27.

Contents

  1. 1Citation
  2. 2Appointed day
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Serious Crime Act 2007 (Commencement No. 1) (Scotland) Order 2008.

2Appointed day

The day appointed for the coming into force of section 86 of the Serious Crime Act 2007 is 28th April 2008.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th April 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force on 28th April 2008 section 86 of the Serious Crime Act 2007. This amends section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations) to provide that, in Scotland, a proper person may use reasonable force in executing a search warrant issued under that section where such force is necessary. “Proper person” is defined in section 412 of the Proceeds of Crime Act 2002. It means a constable, in relation to a confiscation investigation or a money laundering investigation, or the Scottish Ministers or a person named by them, in relation to a civil recovery investigation. “Constable” is further defined in that section as including a customs and excise officer.