Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences provisions of the Serious Crime Act 2007 (“the 2007 Act”). The provisions referred to in article 2 are commenced on 1st April 2008. The commencement in article 2 is subject to the provisions in articles 3 to 14. The provisions commenced by article 2 relate to the abolition of the Assets Recovery Agency (“the Agency”) and its Director. Article 3 relates to the transfer of functions under the Proceeds of Crime Act 2002 in relation to Part 5 (civil recovery), Part 6 (revenue), Part 8 (investigations) and section 3 (accreditation and training of civilian financial investigators). It ensures that the cases of the Agency or its Director in relation to those matters will be continued by specified successors. The successors are the National Policing Improvement Agency in relation to accreditation and training of civilian financial investigators and the Serious Organised Crime Agency for all other cases. Article 4 relates to the cases being dealt with by the Agency and its Director in relation to the confiscation of the proceeds of crime. It ensures that those cases will be continued by the Serious Organised Crime Agency. Articles 5 to 14 make further transitional and transitory provision and savings in relation to the abolition of the Agency and its Director.

Article 15 brings into force certain provisions relating to serious crime prevention orders on 6th April 2008. Article 16 brings into force certain provisions relating to data matching by certain audit bodies on 6th April 2008. Article 17 brings into force certain amendments to the Proceeds of Crime Act 2002 on 6th April 2008. Article 18 brings into force an extension of powers of stop and search on 6th April 2008.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)