Explanatory note

These Regulations are the fifth commencement regulations made by the Secretary of State under section 88(1) of the Serious Crime Act 2015 (c. 9) (“the 2015 Act”).

Regulation 3 brings into force on 1st March 2016 sections 13, 23, 38(1) and (2), 46, 50(1)(b) of, and section 85(1) insofar as it relates to paragraphs 14, 15, 55, 71 and 73 of Schedule 4 to, the 2015 Act. Regulation 3 also brings into force Schedule 1 and paragraphs 14, 15, 55, 71 and 73 of Schedule 4 to the 2015 Act.

Section 13(1) amends section 47B of the Proceeds of Crime Act 2002 (c. 29) (“the 2002 Act”) to require an appropriate officer, before exercising the power under section 47C of the 2002 Act, to have “reasonable grounds to suspect” rather than “reasonable cause to believe” that a person has benefited from criminal conduct.

Section 13(2) amends the definition of “senior officer” in section 47G of the 2002 Act in relation to the exercise of a power by a National Crime Agency officer under sections 47C to 47F of the 2002 Act.

Section 23 inserts provisions into the 2002 Act relating to receivers appointed in connection with prohibitory property orders under section 255A of that Act.

Section 38(1) amends section 341(1) of the 2002 Act to provide that an investigation into the extent or whereabouts of realisable property available for satisfying a confiscation order is a confiscation investigation for the purposes of Part 8 of that Act. Paragraph 55 of Schedule 4 makes a consequential amendment to section 341 of the 2002 Act.

Section 38(2) amends subsection (6) of section 353 of the 2002 Act to provide that material falls within that subsection for the purposes of an application for a search and seizure warrant if the material relates to the extent or whereabouts of realisable property available for satisfying a confiscation order.

Section 46 gives effect to Schedule 1 of the 2015 Act. This inserts provisions into the Serious Crime Act 2007 (c. 27) (“the 2007 Act”) enabling courts in Scotland to make serious crime prevention orders, and makes consequential amendments to the 2007 Act. Paragraphs 14 and 15 of Schedule 4 make consequential amendments to the Criminal Procedure (Scotland) Act 1995 (c. 46) concerning appeals relating to serious crime prevention orders (“SCPOs”) in Scotland.

Section 50(1)(b) omits section 77 of the Serious Organised Crime and Police Act 2005 (c. 15) (“the 2005 Act”), which relates to making financial reporting orders in Scotland. Paragraph 71 of Schedule 4 to the 2015 Act omits sections 79 to 81 of the 2005 Act, which relate to financial reporting orders. Paragraph 73 of Schedule 4 to the 2015 Act makes consequential amendments to section 179 of the 2005 Act.

Regulations 4 and 5 make transitional provisions and savings in respect of SCPOs in Scotland, and are similar to the transitional provisions at paragraphs 1 and 2 of Schedule 13 to the 2007 Act for SCPOs in England, Wales and Northern Ireland. Regulation 4 provides that the court may take account of a person’s conduct before the coming into force of section 1(1A) of the 2007 Act when deciding whether a person has been involved in serious crime for the purposes of that section. Regulation 5(1) provides that sections 22A to 22C of the 2007 Act do not apply where, on or after the date of coming into force of those sections, the court is dealing with a person who was convicted before that date. Regulation 5(2) clarifies that regulation 5(1) does not prevent an application being made to the appropriate court for a serious crime prevention order in connection with the offence concerned.