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The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008

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EXPLANATORY NOTE

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This Order amends the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2003 (‘the 2003 Order’) in line with amendments made to the Proceeds of Crime Act 2002 (‘the 2002 Act’) by section 74(2) of and Schedule 8 to the Serious Crime Act 2007 (‘the 2007 Act’). These amendments to the 2002 Act abolish the confiscation functions of the Assets Recovery Agency (‘ARA’) and its Director, and transfer the civil recovery functions of the ARA and its Director to other enforcement authorities. This Order amends the 2003 Order (which makes provision for orders and warrants made or issued under Part 8 of the 2002 Act in one part of the United Kingdom to be enforced in another part of the United Kingdom) to reflect this. Accordingly, article 2(2) amends the definitions of an English or Welsh and a Northern Ireland appropriate officer (who have functions in relation to the enforcement of Part 8 orders and warrants) to refer to a member of staff of the Serious Organised Crime Agency rather than to the Director of the ARA.

This Order also amends the 2003 Order to take account of the amendments made to the 2002 Act by section 80 of the 2007 Act (powers in relation to certain investigations) which extends the powers that may be exercised under a search and seizure warrant issued under Part 8 of the 2002 Act, in England and Wales and Northern Ireland, to accredited financial investigators.

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