- Statutory Instrument 2002 No. 3015 (C. 98)
The Proceeds of Crime Act 2002 (Commencement No. 1 and Savings) Order 2002
© Crown Copyright 2002
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| Made | 4th December 2002 |
The Secretary of State, in exercise of the powers conferred on him by section 458(1) and 459(2) of the Proceeds of Crime Act 2002[1], and after consultation with the Scottish Ministers, hereby makes the following Order:
Citation and interpretation
1. - (1) This Order may be cited as the Proceeds of Crime Act 2002 (Commencement No. 1 and Savings) Order 2002.
(2) In this Order, "the Act" means the Proceeds of Crime Act 2002.
Commencement of provisions
2. - (1) The provisions of the Act listed in column 1 of the Schedule to this Order shall come into force on 30th December 2002, subject to the savings contained in this Order.
(2) But where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force only for that purpose.
Savings
3. Sections 42 to 48 of the Drug Trafficking Act 1994[2] shall continue to have effect in relation to cash seized under section 42 of that Act before 30th December 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
4th December 2002
| Column 1 | Column 2 |
| Section 89 (Procedure on appeal to the Court of Appeal). | Commenced for the purposes of making secondary legislation. |
| Section 90 (Procedure on appeal to the House of Lords). | Commenced for the purposes of making secondary legislation. |
| Chapter 1 of Part 5 (sections 240 to 242) (Civil recovery of the proceeds etc of unlawful conduct - introductory). | |
| Section 270(4) and (5) (Associated and joint property). | |
| Chapter 3 of Part 5 (sections 289 to 303) (Civil recovery of the proceeds etc of unlawful conduct - recovery of cash in summary proceedings). | |
| Sections 304 to 311 (Civil recovery of the proceeds etc of unlawful conduct - general). | |
| Sections 314 to 316 (Interpretation). | |
| Section 454 (Customs officers). | |
| Section 455 (Enactment). | |
| Section 456 (Amendments). | Commenced for the purposes of the provisions of Schedule 11 to the Act commenced by this Order. |
| Section 457 (Repeals). | Commenced for the purposes of the provisions of Schedule 12 to the Act commenced by this Order. |
| In Schedule 11, paragraphs 25(1) and (2)(a) and 36. | Paragraph 25(2)(a) is commenced so far as it repeals sections 42 to 48 of the Drug Trafficking Act 1994. |
| In Schedule 12, in the entry relating to the Drug Trafficking Act 1994, the entry in the second column concerning sections 1 to 54 of that Act. | The entry relating to sections 1 to 54 of the Drug Trafficking Act 1994 is commenced so far as it repeals sections 42 to 48 of that Act. |
(This note is not part of the Order)
This Order brings into force, on 30th December 2002, the following provisions of the Proceeds of Crime Act 2002 ("the Act"):
-
(a) sections 89 and 90, which enable the making of an order as to appeals under Part 2 of the Act;
(b) chapters 1, 3 and 5 of Part 5 (except for sections 312 and 313), which create a new scheme for the search for, and seizure, detention and forfeiture of, cash derived from, or intended for use in, unlawful conduct;
(c) certain minor and consequential amendments in Schedule 11, together with entries in the repeals Schedule, Schedule 12; and
(d) other provisions which it is necessary to bring into force in order to give full effect to the provisions listed above.
Article 3 makes savings in relation to the existing scheme for seizure of cash relating to drug trafficking.
Notes:
[1] 2002 c. 29.back
ISBN 0 11 044214 8