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Serious Crime Act 2007

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Serious Crime Act 2007

2007 c. 27

An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes.

Enacted[30th October 2007]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Serious Crime Prevention Orders

General

I2371 Serious crime prevention orders

1 The High Court in England and Wales may make an order if—
a it is satisfied that a person has been involved in serious crime (whether in England and Wales or elsewhere); and
b it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
1A The appropriate court in Scotland may make an order if—
a it is satisfied that a person has been involved in serious crime (whether in Scotland or elsewhere); and
b it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
2 The High Court in Northern Ireland may make an order if—
a it is satisfied that a person has been involved in serious crime (whether in Northern Ireland or elsewhere); and
b it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
3 An order under this section may contain—
a such prohibitions, restrictions or requirements; and
b such other terms;
as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales , Scotland or (as the case may be) Northern Ireland.
4 The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).
5 In this Part—
  • “appropriate court” means the Court of Session or sheriff;
  • “serious crime prevention order” means—
    1. an order under this section;
    2. an order under section 19 (corresponding order of the Crown Court on conviction); or
    3. an order under section 22A (corresponding order of the High Court of Justiciary or sheriff on conviction).
6 For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.

I2382 Involvement in serious crime: England and Wales orders

1 For the purposes of this Part, a person has been involved in serious crime in England and Wales if he—
a has committed a serious offence in England and Wales;
b has facilitated the commission by another person of a serious offence in England and Wales; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in England and Wales (whether or not such an offence was committed).
2 In this Part “a serious offence in England and Wales” means an offence under the law of England and Wales which, at the time when the court is considering the application or matter in question—
a is specified, or falls within a description specified, in Part 1 of Schedule 1; or
b is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
3 For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following—
a the commission of a serious offence in England and Wales;
b conduct which facilitates the commission by another person of a serious offence in England and Wales;
c conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in England and Wales (whether or not such an offence is committed).
4 For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he—
a has committed a serious offence in a country outside England and Wales;
b has facilitated the commission by another person of a serious offence in a country outside England and Wales; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside England and Wales (whether or not such an offence was committed).
5 In subsection (4) “a serious offence in a country outside England and Wales” means an offence under the law of a country outside England and Wales which, at the time when the court is considering the application or matter in question—
a would be an offence under the law of England and Wales if committed in or as regards England and Wales; and
b either—
i would be an offence which is specified, or falls within a description specified, in Part 1 of Schedule 1 if committed in or as regards England and Wales; or
ii is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
6 The test in subsection (4) is to be used instead of the tests in sections 2A(1) and 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime inScotland or (as the case may be) Northern Ireland.
7 An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

2A Involvement in serious crime: Scotland orders

1 For the purposes of this Part, a person has been involved in serious crime in Scotland if he—
a has committed a serious offence in Scotland;
b has facilitated the commission by another person of a serious offence in Scotland; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Scotland (whether or not such an offence was committed).
2 In this Part “a serious offence in Scotland” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question—
a is specified, or falls within a description specified, in Part 1A of Schedule 1; or
b is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
3 For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following—
a the commission of a serious offence in Scotland;
b conduct which facilitates the commission by another person of a serious offence in Scotland;
c conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Scotland (whether or not such an offence is committed).
4 For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he—
a has committed a serious offence in a country outside Scotland;
b has facilitated the commission by another person of a serious offence in a country outside Scotland; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Scotland (whether or not such an offence was committed).
5 In subsection (4) “ a serious offence in a country outside Scotland ” means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question—
a would be an offence under the law of Scotland if committed in or as regards Scotland; and
b either—
i would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; or
ii is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
6 The test in subsection (4) is to be used instead of the tests in sections 2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Northern Ireland.
7 An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

I2523 Involvement in serious crime: Northern Ireland orders

1 For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he—
a has committed a serious offence in Northern Ireland;
b has facilitated the commission by another person of a serious offence in Northern Ireland; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Northern Ireland (whether or not such an offence was committed).
2 In this Part “a serious offence in Northern Ireland” means an offence under the law of Northern Ireland which, at the time when the court is considering the application or matter in question—
a is specified, or falls within a description specified, in Part 2 of Schedule 1; or
b is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
3 For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following—
a the commission of a serious offence in Northern Ireland;
b conduct which facilitates the commission by another person of a serious offence in Northern Ireland;
c conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Northern Ireland (whether or not such an offence is committed).
4 For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he—
a has committed a serious offence in a country outside Northern Ireland;
b has facilitated the commission by another person of a serious offence in a country outside Northern Ireland; or
c has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Northern Ireland (whether or not such an offence was committed).
5 In subsection (4) “a serious offence in a country outside Northern Ireland” means an offence under the law of a country outside Northern Ireland which, at the time when the court is considering the application or matter in question—
a would be an offence under the law of Northern Ireland if committed in or as regards Northern Ireland; and
b either—
i would be an offence which is specified, or falls within a description specified, in Part 2 of Schedule 1 if committed in or as regards Northern Ireland; or
ii is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
6 The test in subsection (4) is to be used instead of the tests in sections 2(1) and 2A(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Walesor (as the case may be) Scotland.
7 An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.

I2684 Involvement in serious crime: supplementary

1 In considering for the purposes of this Part whether a person has committed a serious offence—
a the court must decide that the person has committed the offence if—
i he has been convicted of the offence; and
ii the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but
b the court must not otherwise decide that the person has committed the offence.
2 In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—
a any act that the respondent can show to be reasonable in the circumstances; and
b subject to this, his intentions, or any other aspect of his mental state, at the time.
3 In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—
a any act that the respondent can show to be reasonable in the circumstances; and
b subject to this, his intentions, or any other aspect of his mental state, at the time.
4 The Secretary of State may by order amend Part 1 of Schedule 1.
4A The Scottish Ministers may by order amend Part 1A of Schedule 1.
4B The Scottish Ministers may not exercise the power conferred by subsection (4A) in relation to an offence which relates to a reserved matter (within the meaning of the Scotland Act 1998) without the consent of the Secretary of State.
5 The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.

I2695 Type of provision that may be made by orders

1 This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order.
2 Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales, Scotland or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales, Scotland or (as the case may be) Northern Ireland.
3 Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—
a an individual's financial, property or business dealings or holdings;
b an individual's working arrangements;
c the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates;
d the premises to which an individual has access;
e the use of any premises or item by an individual;
f an individual's travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise).
4 Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—
a financial, property or business dealings or holdings of such persons;
b the types of agreements to which such persons may be a party;
c the provision of goods or services by such persons;
d the premises to which such persons have access;
e the use of any premises or item by such persons;
f the employment of staff by such persons.
5 Examples of requirements that may be imposed on any persons by serious crime prevention orders include—
a a requirement on a person to answer questions, or provide information, specified or described in an order—
i at a time, within a period or at a frequency;
ii at a place;
iii in a form and manner; and
iv to a law enforcement officer or description of law enforcement officer;
notified to the person by a law enforcement officer specified or described in the order;
b a requirement on a person to produce documents specified or described in an order—
i at a time, within a period or at a frequency;
ii at a place;
iii in a manner; and
iv to a law enforcement officer or description of law enforcement officer;
notified to the person by a law enforcement officer specified or described in the order.
6 The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual's private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).
7 In this Part—
  • “document” means anything in which information of any description is recorded (whether or not in legible form);
  • “a law enforcement officer” means—
    1. a constable;
    2. a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;
    3. an officer of Revenue and Customs; or
    4. a member of the Serious Fraud Office; and
  • “premises” includes any land, vehicle, vessel, aircraft or hovercraft.
8 Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.

5A Verification and disclosure of information

C31 This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order. “ Information requirement ” means a requirement of the kind referred to in section 5(5)(a) or (b).
2 The law enforcement officer may, for the purpose of—
a checking the accuracy of the information, or
b discovering the true position,
disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.
3 Any other person may disclose information to—
a the law enforcement officer, or
b a person to whom the law enforcement officer has disclosed information under subsection (2),
for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).
4 The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—
a the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or
b the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
5 A disclosure under this section does not breach—
a any obligation of confidence owed by the person making the disclosure, or
b any other restriction on the disclosure of information (however imposed).
6 But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.
7 In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Electronic monitoring requirements

5B Electronic monitoring requirements

1 A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.
2 A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.
3 A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.
4 The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.
5 Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—
a submit, as required from time to time by the responsible person, to—
i being fitted with, or the installation of, any necessary apparatus, and
ii the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;
b not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;
c take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.
These obligations have effect as requirements of the order.
6 A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

5C Conditions for imposing electronic monitoring requirements

1 This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.
2 The requirement may not be imposed in P’s absence.
3 If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.
4 A court may impose the requirement in relation to a relevant police area or areas only if—
a it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and
b it is satisfied that the necessary provision can be made under the arrangements currently available.
5 For the purposes of subsection (4)—
  • “relevant police area” means—
    1. the police area in England or Wales in which it appears to the court that P resides or will reside, and
    2. in a case where it is proposed to include in the order—
      1. a requirement that P must remain, for specified periods, at a specified place, or
      2. a provision prohibiting P from entering a specified place or area,
      the police area in England or Wales in which the place or area proposed to be specified is situated;
  • “specified” means specified in the order.

5D Data from electronic monitoring: code of practice

1 The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.
2 A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

General safeguards in relation to orders

I2706 Any individual must be 18 or over

An individual under the age of 18 may not be the subject of a serious crime prevention order.

7 Other exceptions

1 A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.
1A A person may not be made the subject of a serious crime prevention order in Scotland if the person falls within a description specified by order of the Scottish Ministers.
2 A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.

I2718 Limited class of applicants for making of orders

1 A serious crime prevention order may be made only on an application by—
a in the case of an order in England and Wales—
i the Director of Public Prosecutions;
F52ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; F242...
iii the Director of the Serious Fraud Office; or
iv subject to subsection (2), a chief officer of police;
aa in the case of an order in Scotland —
i the Lord Advocate; or
ii subject to subsection (2), the chief officer of police;
b in the case of an order in Northern Ireland —
i the Director of Public Prosecutions for Northern Ireland; or
ii subject to subsection (2), the chief officer of police.
2 A chief officer of police may make an application for a serious crime prevention order only if—
a it is an application for an order under section 1 that is terrorism-related (see section 8A);
b the chief officer has consulted—
i the Director of Public Prosecutions, in the case of an order in England and Wales;
ii the Lord Advocate, in the case of an order in Scotland; or
iii the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and
c in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff).
3 In this section “chief officer of police”—
a in relation to England and Wales, means the chief officer of police of a police force in England and Wales;
b in relation to Scotland, means the chief constable of the Police Service of Scotland;
c in relation to Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland.
1 A serious crime prevention order may be made by the High Court in England and Wales—
a only on an application by—
i the Director of Public Prosecutions,
ii the Director of the Serious Fraud Office,
iii the Director General of the National Crime Agency,
iv the Commissioners for His Majesty’s Revenue and Customs,
v the chief officer of police of a police force in England and Wales,
vi the Chief Constable of the British Transport Police Force, or
vii the Chief Constable of the Ministry of Defence Police, and
b in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.
2 A serious crime prevention order may be made by the Crown Court in England and Wales—
a only on an application by—
i the Director of Public Prosecutions,
ii the Director of the Serious Fraud Office, or
iii the chief officer of police of a police force in England and Wales, and
b in the case of an application by the chief officer of police of such a police force, only if—
i it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and
ii the chief officer has consulted the Director of Public Prosecutions.
3 A serious crime prevention order may be made by a court or sheriff in Scotland—
a only on an application by—
i the Lord Advocate, or
ii the chief constable of the Police Service of Scotland, and
b in the case of an application by the chief constable, only if—
i it is an application for an order under section 1 that is terrorism-related (see section 8A),
ii the chief constable has consulted the Lord Advocate, and
iii it is an application made to the Court of Session (and not to the sheriff).
4 A serious crime prevention order may be made by a court in Northern Ireland—
a only on an application by—
i the Director of Public Prosecutions for Northern Ireland, or
ii the Chief Constable of the Police Service of Northern Ireland, and
b in the case of an application by the Chief Constable, only if—
i it is an application for an order under section 1 that is terrorism-related (see section 8A), and
ii the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.

8A Serious crime prevention orders that are terrorism-related

1 For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3).
2 The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime.
3 A trigger offence is within this subsection if—
a it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1;
b it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1;
c if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or
d in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence—
i is, or takes place in the course of, an act of terrorism; or
ii is committed for the purposes of terrorism.
4 Subsection (5) applies where—
a the court is considering whether a trigger offence is within subsection (3)(d);
b the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and
c at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection.
5 The court—
a must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and
b must not otherwise decide that the trigger offence is within subsection (3)(d).
6 For the purposes of this section, an offence was determined to have a terrorist connection if —
a it was determined to have a terrorist connection under—
i section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or
ii section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or
b it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland);
(and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly).
7 In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

I2729 Right of third parties to make representations

1 The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.
2 The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that—
a the variation of the order; or
b a decision not to vary it;
would be likely to have a significant adverse effect on that person.
3 The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that—
a the discharge of the order; or
b a decision not to discharge it;
would be likely to have a significant adverse effect on that person.
4 The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 , 21 or 22E if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.
4A The High Court of Justiciary must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 24B(3) if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.
5 A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.

I27310 Notice requirements in relation to orders

1 The subject of a serious crime prevention order is bound by it or a variation of it only if—
a he is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made; or
b a notice setting out the terms of the order or (as the case may be) variation has been served on him.
2 The notice may be served on him by—
a delivering it to him in person; or
b sending it by recorded delivery to him at his last-known address (whether residential or otherwise).
3 For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—
a enter any premises where he has reasonable grounds for believing the person to be; and
b search those premises for him.
4 In this Part “the relevant applicant authority” means—
a in relation to a serious crime prevention order in England and Wales—
i where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;
F53ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; F243...
iii where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; F156...
iv where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;
v in any other case, the person who applied for the order;
aa in relation to a serious crime prevention order in Scotland —
i where the order was applied for by the Lord Advocate, the Lord Advocate;
ii where the order was applied for by the chief constable of the Police Service of Scotland, the chief constable;
b in relation to a serious crime prevention order in Northern Ireland —
i where the order was applied for by the Director of Public Prosecutions for Northern Ireland, the Director;
ii where the order was applied for by the Chief Constable of the Police Service of Northern Ireland, the Chief Constable.

Information safeguards

I27411 Restrictions on oral answers

A serious crime prevention order may not require a person to answer questions, or provide information, orally.

I27512 Restrictions for legal professional privilege

1 A serious crime prevention orderin England and Wales or Northern Ireland may not require a person—
a to answer any privileged question;
b to provide any privileged information; or
c to produce any privileged document.
2 A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.
3 “Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.
4 A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.
4A A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.
5 But subsections (1) and (4A) do not prevent an order from requiring a lawyer to provide the name and address of a client of his.

I27613 Restrictions on excluded material and banking information

1 A serious crime prevention order may not require a person to produce—
a in the case of an order in England and Wales, any excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60); F158...
aa in the case of an order in Scotland, any excluded material (as defined by that section (except that “enactment” in subsection (2)(b) of that section is to be taken to include an Act of the Scottish Parliament or an instrument made under such an Act));
b in the case of an order in Northern Ireland, any excluded material as defined by Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).
2 A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.
3 Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.
4 Condition B is that the order contains a requirement—
a to disclose information, or produce documents, of this kind; or
b to disclose specified information which is of this kind or to produce specified documents which are of this kind.

I27714 Restrictions relating to other enactments

1 A serious crime prevention order may not require a person—
a to answer any question;
b to provide any information; or
c to produce any document;
if the disclosure concerned is prohibited under any other enactment.
2 In this section—
  • “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and
  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—
    1. an Act of the Scottish Parliament; or
    2. Northern Ireland legislation.

I27815 Restrictions on use of information obtained

1 A statement made by a person in response to a requirement imposed by a serious crime prevention order may not be used in evidence against him in any criminal proceedings unless condition A or B is met.
2 Condition A is that the criminal proceedings relate to an offence under section 25.
3 Condition B is that—
a the criminal proceedings relate to another offence;
b the person who made the statement gives evidence in the criminal proceedings;
c in the course of that evidence, the person makes a statement which is inconsistent with the statement made in response to the requirement imposed by the order; and
d in the criminal proceedings evidence relating to the statement made in response to the requirement imposed by the order is adduced, or a question about it is asked, by the person or on his behalf.

Notification requirements: England and Wales

15A Notification requirements: England and Wales

1 Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).
2 A relevant order—
a must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;
b may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise).
3 In this Part references to a “specified person” are to a person specified under subsection (2)(a).

Duration, variation and discharge of orders

I27916 Duration of orders

1 A serious crime prevention order must specify when it is to come into force and when it is to cease to be in force.
2 An order is not to be in force for more than 5 years beginning with the coming into force of the order.
3 An order can specify different times for the coming into force, or ceasing to be in force, of different provisions of the order.
4 Where it specifies different times in accordance with subsection (3), the order—
a must specify when each provision is to come into force and cease to be in force; and
b is not to be in force for more than 5 years beginning with the coming into force of the first provision of the order to come into force.
5 The fact that an order, or any provision of an order, ceases to be in force does not prevent the court from making a new order to the same or similar effect.
6 A new order may be made in anticipation of an earlier order or provision ceasing to be in force.
7 Subsections (2) and (4)(b) have effect subject to section 22E.

I28017 Variation of orders

1 The High Court in England and Wales may, on an application under this section, vary a serious crime prevention order in England and Wales if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in England and Wales.
1A The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland.
2 The High Court in Northern Ireland may, on an application under this section, vary a serious crime prevention order in Northern Ireland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Northern Ireland.
3 An application for the variation of an order under this section may be made by—
a the relevant applicant authority (but see subsection (7A)); or
b subject as follows—
i the person who is the subject of the order; or
ii any other person.
4 The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.
5 The court must not entertain an application by any person falling within subsection (3)(b)(ii) unless it considers that—
a the person is significantly adversely affected by the order;
b condition A or B is met; and
c the application is not for the purpose of making the order more onerous on the person who is the subject of it.
6 Condition A is that—
a the person falling within subsection (3)(b)(ii)—
i has, on an application under section 9, been given an opportunity to make representations; or
ii has made an application otherwise than under that section;
in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
b there has been a change of circumstances affecting the order.
7 Condition B is that—
a the person falling within subsection (3)(b)(ii) has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
b it was reasonable in all the circumstances for the person not to have done so.
7A Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff).
8 A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

I28118 Discharge of orders

1 On an application under this section—
a the High Court in England and Wales may discharge a serious crime prevention order in England and Wales; F132...
aa the appropriate court in Scotland may discharge a serious crime prevention order in Scotland;
b the High Court in Northern Ireland may discharge a serious crime prevention order in Northern Ireland.
2 An application for the discharge of an order may be made by—
a the relevant applicant authority (but see subsection (7)); or
b subject as follows—
i the person who is the subject of the order; or
ii any other person.
3 The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.
4 The court must not entertain an application by any person falling within subsection (2)(b)(ii) unless it considers that—
a the person is significantly adversely affected by the order; and
b condition A or B is met.
5 Condition A is that—
a the person—
i has, on an application under section 9, been given an opportunity to make representations; or
ii has made an application otherwise than under that section;
in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
b there has been a change of circumstances affecting the order.
6 Condition B is that—
a the person has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
b it was reasonable in all the circumstances for the person not to have done so.
7 Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the discharge of the order may only be made under this section to the Court of Session (and not to the sheriff).

Extension of jurisdiction to Crown Court

I28219 Orders by Crown Court on conviction

1 Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
a has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
b has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
2 The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
2A A court that makes an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in England and Wales must discharge the existing order.
3 Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
4 The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
4A A court that makes an order by virtue of subsection (4) in the case of a person who is already the subject of a serious crime prevention order in Northern Ireland must discharge the existing order.
5 An order under this section may contain—
a such prohibitions, restrictions or requirements; and
b such other terms;
as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.
6 The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).
7 An order must not be made under this section except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person conditionally.
8 An order under this section is also called a serious crime prevention order.

I28320 Powers of Crown Court to vary orders on conviction

1 Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
a has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
b has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
2 The Crown Court may—
a in the case of a person who is the subject of a serious crime prevention order in England and Wales; and
b in addition to dealing with the person in relation to the offence;
vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
3 Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
4 The Crown Court may—
a in the case of a person who is the subject of a serious crime prevention order in Northern Ireland; and
b in addition to dealing with the person in relation to the offence;
vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
5 A variation under this section may be made only on an application by the relevant applicant authority.
6 A variation must not be made except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person conditionally.
7 A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

I28421 Powers of Crown Court to varyor replace orders on breach

1 Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
a has been convicted by or before a magistrates' court of having committed an offence under section 25 in relation to a serious crime prevention order and has been committed to the Crown Court to be dealt with; or
b has been convicted by or before the Crown Court of having committed an offence under section 25 in relation to a serious crime prevention order.
2 The Crown Court may—
a in the case of an order in England and Wales; and
b in addition to dealing with the person in relation to the offence;
varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
3 Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order.
4 The Crown Court may—
a in the case of an order in Northern Ireland; and
b in addition to dealing with the person in relation to the offence;
varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
5 An order may be varied or replaced under this section only on an application by the relevant applicant authority.
6 A variationor new order must not be made except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person conditionally.
7 A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
8 A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

I28522 Inter-relationship between different types of orders in England and Wales or Northern Ireland

1 The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.
2 The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part.
3 A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence.
4 A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.

Extension of jurisdiction: Scotland

22A Orders by High Court of Justiciary and sheriff on conviction

1 Subsection (2) applies where—
a the High Court of Justiciary (the “High Court”) is dealing with a person who—
i has been convicted by or before the High Court of having committed a serious offence in Scotland, or
ii has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or
b the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.
2 The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
3 The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.
4 An order under this section may contain—
a such prohibitions, restrictions or requirements; and
b such other terms;
as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.
5 The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).
6 An order must not be made under this section except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person absolutely.
7 An order under this section is also called a serious crime prevention order.

22B Powers of High Court of Justiciary and sheriff to vary orders on conviction

1 Subsection (2) applies where—
a the High Court of Justiciary (the “High Court”) is dealing with a person who—
i has been convicted by or before the High Court of having committed a serious offence in Scotland, or
ii has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or
b the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.
2 The High Court or (as the case may be) the sheriff may—
a in the case of a person who is the subject of a serious crime prevention order in Scotland; and
b in addition to dealing with the person in relation to the offence,
vary the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
3 A variation under this section may be made only on an application by the Lord Advocate.
4 A variation must not be made except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person absolutely.
5 A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

22C Powers of High Court of Justiciary and sheriff to vary or replace orders on breach

1 Subsection (2) applies where—
a the High Court of Justiciary (the “High Court”) is dealing with a person who—
i has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or
ii has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or
b the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order.
2 The High Court or (as the case may be) the sheriff may—
a in the case of an order in Scotland; and
b in addition to dealing with the person in relation to the offence;
vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
3 An order may be varied or replaced under this section only on an application by the Lord Advocate.
4 A variation or new order must not be made except—
a in addition to a sentence imposed in respect of the offence concerned; or
b in addition to an order discharging the person absolutely.
5 A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
6 A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

22D Inter-relationship between different types of orders in Scotland

1 A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).
2 The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court.
3 A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence.
4 Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.

Powers to extend orders where person charged

22E Extension of orders pending outcome of criminal proceedings

1 This section applies where a person subject to a serious crime prevention order is charged with—
a a serious offence, or
b an offence under section 25 of failing to comply with the serious crime prevention order.
2 The relevant applicant authority may make an application under this section to—
a the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales;
b the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland;
c the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.
3 On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then).
4 The events are—
a following the person's conviction of the offence mentioned in subsection (1)—
i the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence,
ii a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or
iii the court or sheriff deals with the person for the offence without varying the order or making a new one;
b the person is acquitted of the offence;
c the charge is withdrawn;
d in the case of a serious crime prevention order in England and Wales or Northern Ireland—
i proceedings in respect of the charge are discontinued, or
ii an order is made for the charge to lie on the file;
e in the case of a serious crime prevention order in Scotland—
i proceedings against the person are deserted simpliciter ,
ii proceedings against the person are deserted pro loco et tempore and no trial diet is appointed,
iii the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or
iv the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.
5 An order may be made under this section only if—
a the serious crime prevention order is still in force, and
b the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime.
6 In subsection (5)(b) “ serious crime ” means—
a serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;
b serious crime in Scotland, in the case of a serious crime prevention order in Scotland;
c serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.

Appeals

I28623 Additional right of appeal from High Court

1 An appeal may be made to the Court of Appeal in relation to a decision of the High Court—
a to make a serious crime prevention order;
b to vary, or not to vary, such an order; or
c to discharge or not to discharge such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
2 Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.

24 Appeals from Crown Court

I2871 An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—
a the person who is the subject of the order; or
b the relevant applicant authority.
I2872 In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—
a to make a serious crime prevention order; or
b to vary, or not to vary, such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).
I2873 Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.
I2874 An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section.
I2875 Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part.
I2876 An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal.
I2877 An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.
I2878 Such leave must not be granted unless—
a it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and
b it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court.
I339 The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to—
a appeals to the Court of Appeal under Part 1 of—
i the Criminal Appeal Act 1968 (c. 19); or
ii the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
b appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or
c any matter connected with or arising out of appeals falling within paragraph (a) or (b).
9A The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
I3310 An order under subsection (9) may, in particular, make provision about the payment of costs.
I28711 The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of—
a section 9 or 10 of the Criminal Appeal Act 1968; or
b section 8 of the Criminal Appeal (Northern Ireland) Act 1980.
I28712 Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.

24A Additional right of appeal from Court of Session

1 An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—
a to make a serious crime prevention order;
b to vary, or not to vary, such an order; or
c to discharge or not to discharge such an order;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
2 Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.

24B Appeals from High Court of Justiciary and sheriff

1 The following are to be taken to be a sentence for the purpose of an appeal—
a a serious crime prevention order made under section 22A;
b the variation under section 22B or 22C of an order made under section 22A;
c the discharge of an order made under section 22A.
2 If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.
3 In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff—
a to make a serious crime prevention order under section 22A; or
b to vary, or not to vary, such an order under section 22B or 22C;
by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).

Enforcement

I28825 Offence of failing to comply with order

1 A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.
2 A person who commits an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
b on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
3 In the application of subsection (2)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.
3A In the application of subsection (2)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 4 of Schedule 13.
4 In proceedings for an offence under this section, a copy of the original order or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

I28926 Powers of forfeiture in respect of offence

1 The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.
2 Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.
3 An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
4 Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
5 That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.
6 Provision made by virtue of this section may be varied at any time by the court that made it.

I29027 F119Powers to wind up companies etc: England and Wales ...

1 The Director of Public Prosecutions F61... or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if—
a the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the Director concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
1A The chief officer of police of a police force in England and Wales may present a petition to the court for the winding up of a company, partnership or relevant body if—
a the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a police-initiated serious crime prevention order; and
b the chief officer of police concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
A person mentioned in section 8(1)(a)(iii) to (vii) may present a petition to the court for the winding up of a company, partnership or relevant body if—
a the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and
b the person considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
2 The Insolvency Act 1986 (c. 45) applies in relation to—
a a petition under this section for the winding up of a company; and
b the company's winding up;
as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
3 Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions F62... , the Director of the Serious Fraud Office or the chief officer of police of a police force in England and Wales a person who is authorised to present a petition in accordance with subsection (1) or (1A).
4 The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
a the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the company to be wound up.
5 Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
6 The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
7 An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
a the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the partnership or relevant body to be wound up.
8 No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 2016.
9 No petition may be presented, or order to wind up made, by virtue of this section if—
a an appeal against conviction for the offence concerned has been made and not finally determined; or
b the period during which such an appeal may be made has not expired.
10 No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
11 In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
12 In this section—
  • “appropriate Minister” means—
    1. in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
    2. in relation to any other relevant body, the Secretary of State;
  • “company” means—
    1. a company registered under the Companies Act 2006 in England and Wales F160..., or
    2. an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),
    but does not include a relevant body;
  • “the court”, in relation to a company, means a court in England and Wales F161... having jurisdiction to wind up the company;
  • F64...
  • “partnership” does not include a relevant body;
  • “police-initiated serious crime prevention order” means a serious crime prevention order that was made on the application of the chief officer of police of a police force in England and Wales; and
  • “relevant body” means—
    1. a building society (within the meaning of the Building Societies Act 1986 (c. 53));
    2. an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
    3. a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;
    4. a limited liability partnership; or
    5. such other description of person as may be specified by order made by the Secretary of State;
and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).

27A Powers to wind up companies etc: Scotland

1 The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
a the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the Scottish Ministers consider that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
1A The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
a the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and
b the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
2 The Insolvency Act 1986 applies in relation to—
a a petition under this section for the winding up of a company; and
b the company's winding up;
as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
3 Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.
4 The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
a the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the company to be wound up.
5 Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—
a the partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the partnership to be dissolved.
6 Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.
7 The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
8 An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—
a the relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the relevant body to be wound up.
9 No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
a an appeal against conviction for the offence concerned has been made and not finally determined; or
b the period during which such an appeal may be made has not expired.
10 No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
a the company or relevant body is already being wound up by the court, or
b the partnership is already being dissolved by the court.
11 In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
12 In this section—
  • “appropriate Minister” means—
    1. in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and
    2. in relation to any other relevant body, the Scottish Ministers;
  • “company” means—
    1. a company registered under the Companies Act 2006 in Scotland, or
    2. an unregistered company within the meaning of Part 5 of the Insolvency Act 1986 (see section 220 of that Act),
    but does not include a relevant body;
  • “the court”, in relation to a company, means a court in Scotland having jurisdiction to wind up the company;
  • “partnership” does not include a relevant body; and
  • “relevant body” means—
    1. a building society (within the meaning of the Building Societies Act 1986);
    2. an incorporated friendly society (within the meaning of the Friendly Societies Act 1992);
    3. a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014;
    4. a limited liability partnership; or
    5. such other description of person as may be specified by order made by the Scottish Ministers;
and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).

I29128 Powers to wind up companies etc: Northern Ireland

1 The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
a the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
1A The Chief Constable of the Police Service of Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
a the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the Chief Constable; and
b the Chief Constable considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
2 The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—
a a petition under this section for the winding up of a company; and
b the company's winding up;
as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
3 Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland or the Chief Constable of the Police Service of Northern Ireland.
4 The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if—
a the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the company to be wound up.
5 Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
6 The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
7 An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
a the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
b the court considers that it is just and equitable for the partnership or relevant body to be wound up.
8 No petition may be presented, or order to wind up made, by virtue of this section if—
a an appeal against conviction for the offence concerned has been made and not finally determined; or
b the period during which such an appeal may be made has not expired.
9 No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
10 In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
11 In this section—
  • “appropriate Minister” means—
    1. in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and
    2. in relation to any other relevant body, the Department of Justice in Northern Ireland;
  • “company” means—
    1. a company registered under the Companies Act 2006 in Northern Ireland, or
    2. an unregistered company within the meaning of Part 6 of the Insolvency (Northern Ireland) Order 1989 (see Article 184 of that Order),
  • “ the court ” means the High Court in Northern Ireland;
  • “ an industrial and provident society ” means a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;
  • “ partnership ” does not include a relevant body; and
  • “ relevant body ” means—
    1. a building society (within the meaning of the Building Societies Act 1986 (c. 53));
    2. an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));
    3. an industrial and provident society;
    4. a limited liability partnership; or
    5. such other description of person as may be specified by order made by the Department of Justice in Northern Ireland;
and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).

I29229 Powers to wind up: supplementary

1 The Secretary of State may by order make such modifications as he considers appropriate to the application of—
a the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or
F19b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1ZA The Scottish Ministers may by order make such modifications as they consider appropriate to the application of the Insolvency Act 1986 by virtue of section 27A(2).
1A The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989 by virtue of section 28(2).
2 Any modifications made by virtue of subsection (1), (1ZA) or (1A) are in addition to the modifications made by section 27(3) and (4), 27A(3) and (4) or (as the case may be) section 28(3) and (4).
3 The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) F21....
3ZA The Scottish Ministers may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, as they consider appropriate in connection with section 27A(2) to (4).
3A The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).
4 An order made by virtue of section 27(5) or (6), section 28(5) or (6), 27A(7) or subsection (1), (1ZA) or (1A) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactmentincluding, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Particular types of persons

I29330 Bodies corporate including limited liability partnerships

1 For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—
a a notice setting out the terms of the order or variation—
i is delivered to the body corporate in person if it is delivered to an officer of the body corporate in person; and
ii is sent by recorded delivery to the body corporate at its last-known address if it is so sent to an officer of the body corporate at the address of the registered office of that body or at the address of its principal office in the United Kingdom; and
b the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the body corporate to be and to search those premises for the officer.
2 If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—
a an officer of the body corporate; or
b a person who was purporting to act in any such capacity;
he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
3 Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.
4 In this section—
  • “body corporate” includes a limited liability partnership;
  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and
  • “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.

I29431 Other partnerships

1 A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).
2 An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.
3 For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales, Scotland, or Northern Ireland is to be read accordingly.
4 For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—
a a notice setting out the terms of the order or variation—
i is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and
ii is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and
b the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.
5 Proceedings for an offence under section 25 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
6 For the purposes of such proceedings—
a rules of court relating to the service of documents have effect as if the partnership were a body corporate; and
b the following provisions apply as they apply in relation to a body corporate—
i section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
F162ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
7 A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.
8 If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
9 For the purposes of subsection (8)—
a references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and
b subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).
10 Nothing in this section prevents a serious crime prevention order from being made against—
a a particular partner; or
b a senior officer or employee of a partnership or any other person associated with a partnership.
11 In this section—
  • “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on; and
  • “partnership” does not include a limited liability partnership.

I29532 Unincorporated associations

1 A serious crime prevention order against an unincorporated association must be made in the name of the association (and not in that of any of its members).
2 An order made in the name of the association continues to have effect despite a change in the membership of the association provided that at least one of the persons who was a member of the association before the change remains a member after it.
3 For the purposes of section 10 in its application to a serious crime prevention order against an unincorporated association or to the variation of such an order—
a a notice setting out the terms of the order or variation—
i is delivered to the association in person if it is delivered to an officer of the association in person; and
ii is sent by recorded delivery to the association at its last-known address if it is so sent to an officer of the association at the address of the principal office of the association in the United Kingdom; and
b the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the association to be and to search those premises for the officer.
4 Proceedings for an offence under section 25 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
5 For the purposes of such proceedings—
a rules of court relating to the service of documents have effect as if the association were a body corporate; and
b the following provisions apply as they apply in relation to a body corporate—
i section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
F155ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
6 A fine imposed on the association on its conviction for an offence under section 25 is to be paid out of the funds of the association.
7 If an offence under section 25 committed by an unincorporated association is proved to have been committed with the consent or connivance of an officer of the association, he (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
8 For the purposes of subsection (7)—
a references to an officer of an unincorporated association include references to any person purporting to act in such a capacity; and
b subsection (4) is not to be read as prejudicing any liability of an officer of an unincorporated association under subsection (7).
9 Nothing in this section prevents a serious crime prevention order from being made against—
a a member, officer or employee of an unincorporated association; or
b any other person associated with an unincorporated association.
10 In this section—
  • “officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body; and
  • “unincorporated association” means any body of persons unincorporate but does not include a partnership.

I29633 Overseas bodies

The Secretary of State may by order modify section 30, 31 or 32 in its application to a body of persons formed under law having effect outside the United Kingdom.

I29734 Providers of information society services

1 A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state F207... to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.
2 The condition in this subsection is that the court concerned considers that the terms—
a are necessary for the objective of protecting the public by preventing, restricting or disrupting involvement in—
i in the case of an order in England and Wales, serious crime in England and Wales; F164...
ia in the case of an order in Scotland, serious crime in Scotland;
ii in the case of an order in Northern Ireland, serious crime in Northern Ireland;
b relate to an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it; and
c are proportionate to that objective.
3 The conditions in this subsection are that—
a a law enforcement officer has requested the EEA state in which the service provider is established to take measures which the law enforcement officer considers to be of equivalent effect under the law of the EEA state to the terms and the EEA state has failed to take the measures; F208...
F208b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 It does not matter for the purposes of subsection (3) whether the request F209... is made before or after the making of the application for the order.
5 A serious crime prevention order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) , reading those Articles as if the requirements imposed on a Member State were imposed on the court making the order.
6 A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Articles 12, 13 and 14 of the E-Commerce Directive—
a to monitor the information which they transmit or store when providing those services; or
b actively to seek facts or circumstances indicating illegal activity when providing those services.
7 For the purposes of this section—
a a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;
b the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
c where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service;
and references to a person being established in an EEA state are to be read accordingly.
8 In this section—
  • “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
  • “information society services”—
    1. has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and
    2. is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
  • “intermediary services” means an information society service which—
    1. consists in the provision of access to a communication network or the transmission in a communication network of information provided by a recipient of the service;
    2. consists in the transmission in a communication network of information which—
      1. is provided by a recipient of the service; and
      2. is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; or
    3. consists in the storage of information provided by a recipient of the service;
  • “recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and
  • “service provider” means a person providing an information society service.
9 For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.
10 Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Supplementary

I29835 Proceedings in the High Court

1 Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.
2 One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

I29936 Proceedings in the Crown Court

1 Proceedings before the Crown Court arising by virtue of section 19, 20 , 21 or 22E are civil proceedings.
2 One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.
3 Two other consequences of this are that the court—
a is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
b may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
4 The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).
5 A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 79, 80 and 82 of the Sentencing Code or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).
6 A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

36A Proceedings in the High Court of Justiciary and sheriff court

1 Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.
2 One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.
3 Two other consequences of this are that the High Court or (as the case may be) the sheriff—
a is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
b may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
4 Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.
5 A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).
6 A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.

I34I30037 Functions of applicant authorities

Schedule 2 (functions of applicant authorities under this Part) has effect.

I31438 Disclosure of information in accordance with orders

1 A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—
a any obligation of confidence; or
b any other restriction on making the disclosure concerned (however imposed).
2 But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).

I31539 Compliance with orders: authorised monitors

1 A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—
a a specified person; or
b any person who falls within a specified description of persons;
to perform specified monitoring services or monitoring services of a specified description.
2 A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
3 A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.
4 A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.
5 Any such order—
a must specify the period, or periods, within which payments are to be made;
b may require the making of payments on account;
c may include other terms about the calculation or payment of costs.
6 The tests for making or varying a serious crime prevention order in sections 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) and (4) do not operate in relation to an order so far as the order contains terms of the kind envisaged by subsections (4) and (5) above (or by subsection (1) above for the purposes of those subsections).
7 But a court must not include in a serious crime prevention order (whether initially or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it considers that it is appropriate to do so having regard to all the circumstances including, in particular—
a the means of the body corporate, partnership or unincorporated association concerned;
b the expected size of the costs; and
c the effect of the terms on the ability of any body corporate, partnership or unincorporated association which is carrying on business to continue to do so.
8 A law enforcement agency must inform the subject of a serious crime prevention order which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the order.
9 Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
10 In this section—
  • “law enforcement agency” means—
    1. the chief constable of a police force maintained under section 2 of the Police Act 1996;
    2. the Commissioner of Police of the Metropolis;
    3. the Common Council of the City of London in its capacity as police authority;
    4. the chief constable of the Police Service of Scotland;
    5. F39... the Northern Ireland Policing Board;
    6. the National Crime Agency;
    7. the Commissioners for Her Majesty's Revenue and Customs; or
    8. the Director of the Serious Fraud Office;
  • “monitoring services” means—
    1. analysing some or all information received in accordance with a serious crime prevention order;
    2. reporting to a law enforcement officer as to whether, on the basis of the information and any other information analysed for this purpose, the subject of the order appears to be complying with the order or any part of it; and
    3. any related services; and
  • “specified”, in relation to a serious crime prevention order, means specified in the order.

40 Costs in relation to authorised monitors

I371 The appropriate authority may by order make provision about the practice and procedure for determining the amount of—
a any costs payable by virtue of section 39(4) and (5); and
b any interest payable in respect of those costs.
I372 Such provision may, in particular, include provision about appeals.
I3163 Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.
I374 The appropriate authority must by order provide for what are reasonable steps for the purposes of subsection (3).
I3165 Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable—
a in England and Wales and Northern Ireland, as if due to the law enforcement agency concerned by virtue of a civil order or judgment.
b in Scotland, in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
I3166 Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).
6A Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.
I3167 For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).
I3168 In this section “law enforcement agency” has the same meaning as in section 39.
9 In this section “the appropriate authority” means—
a in relation to serious crime prevention orders in England and Wales, the Secretary of State;
aa in relation to serious crime prevention orders in Scotland, the Scottish Ministers;
b in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.

I31741 Powers of law enforcement officers to retain documents

1 A law enforcement officer—
a may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and
b may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.
2 A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—
a may have to be produced for the purposes of those proceedings; and
b might be unavailable unless retained.

Interpretation: Part 1

I31842 Interpretation: Part 1

In this Part—
  • “act” and “conduct” include omissions and statements;
  • “country” includes territory;
  • “modifications” includes additions and omissions (and “modify” is to be read accordingly);
  • “the public” includes a section of the public or a particular member of the public.

I31943 Index of defined expressions: Part 1

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
ExpressionProvision
actsection 42
appropriate courtsection 1(5)
committed a serious offencesection 4(1)
conductsection 42
conducts oneself in a way likely to facilitate the commission by oneself or another person of a serious offencesection 4(3)
countrysection 42
Director of Public Prosecutions, F54..., Director of the Serious Fraud Office and Director of Public Prosecutions for Northern IrelandParagraphs 2(2), F55..., 13(2) and 17 of Schedule 2
documentsection 5(7)
facilitates the commission by another person of a serious offencesection 4(2)
involvement in serious crime: England and Wales orderssections 2, 4 and 31(3)
involvement in serious crime: Northern Ireland orderssections 3, 4 and 31(3)
involvement in serious crime: Scotland orderssections 2A, 4 and 31(3)
law enforcement officersection 5(7)
modifications (and modify)section 42
person who is the subject of a serious crime prevention ordersection 1(6)
premisessection 5(7)
production of documentssection 5(8)
the publicsection 42
relevant applicant authoritysection 10(4)
serious crime prevention ordersection 1(5)
serious offence in England and Walessection 2(2)
serious offence in Northern Irelandsection 3(2)
serious offence in Scotlandsection 2A(2)
terrorism-related section 8A

C1C2Part 2 Encouraging or assisting crime

Inchoate offences

I371C144 C1Intentionally encouraging or assisting an offence

1 A person commits an offence if—
a he does an act capable of encouraging or assisting the commission of an offence; and
b he intends to encourage or assist its commission.
2 But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

I372C145 C1Encouraging or assisting an offence believing it will be committed

A person commits an offence if—
a he does an act capable of encouraging or assisting the commission of an offence; and
b he believes—
i that the offence will be committed; and
ii that his act will encourage or assist its commission.

I373C146 C1Encouraging or assisting offences believing one or more will be committed

1 A person commits an offence if—
a he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and
b he believes—
i that one or more of those offences will be committed (but has no belief as to which); and
ii that his act will encourage or assist the commission of one or more of them.
2 It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.
3 If a person is charged with an offence under subsection (1)—
a the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but
b nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.
4 In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).

I374C147 C1Proving an offence under this Part

1 Sections 44, 45 and 46 are to be read in accordance with this section.
2 If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.
3 If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—
a that an act would be done which would amount to the commission of that offence; and
b that his act would encourage or assist the doing of that act.
4 If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—
a that one or more of a number of acts would be done which would amount to the commission of one or more of those offences; and
b that his act would encourage or assist the doing of one or more of those acts.
5 In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—
a if the offence is one requiring proof of fault, it must be proved that—
i D believed that, were the act to be done, it would be done with that fault;
ii D was reckless as to whether or not it would be done with that fault; or
iii D's state of mind was such that, were he to do it, it would be done with that fault; and
b if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—
i D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or
ii D was reckless as to whether or not it would be done in those circumstances or with those consequences.
6 For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.
7 In the case of an offence under section 44—
a subsection (5)(b)(i) is to be read as if the reference to “D believed” were a reference to “D intended or believed”; but
b D is not to be taken to have intended that an act would be done in particular circumstances or with particular consequences merely because its being done in those circumstances or with those consequences was a foreseeable consequence of his act of encouragement or assistance.
8 Reference in this section to the doing of an act includes reference to—
a a failure to act;
b the continuation of an act that has already begun;
c an attempt to do an act (except an act amounting to the commission of the offence of attempting to commit another offence).
9 In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—
a in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and
b in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).

I375C148 C1Proving an offence under section 46

1 This section makes further provision about the application of section 47 to an offence under section 46.
2 It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.
3 The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.
4 Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.

I376C149 C1Supplemental provisions

1 A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.
2 If a person's act is capable of encouraging or assisting the commission of a number of offences—
a section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and
b section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.
3 A person may, in relation to the same act, commit an offence under more than one provision of this Part.
4 In reckoning whether—
a for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or
b for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;
offences under this Part and listed offences are to be disregarded.
5 “Listed offence” means—
a in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and
b in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.
6 The Secretary of State may by order amend Schedule 3.
6A The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
7 For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.

Defences

I377C150 C1Defence of acting reasonably

1 A person is not guilty of an offence under this Part if he proves—
a that he knew certain circumstances existed; and
b that it was reasonable for him to act as he did in those circumstances.
2 A person is not guilty of an offence under this Part if he proves—
a that he believed certain circumstances to exist;
b that his belief was reasonable; and
c that it was reasonable for him to act as he did in the circumstances as he believed them to be.
3 Factors to be considered in determining whether it was reasonable for a person to act as he did include—
a the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);
b any purpose for which he claims to have been acting;
c any authority by which he claims to have been acting.

50A Extra-territorial offences: defence for intelligence services and armed forces

1 This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).
2 It is a defence for the person to show that their act was necessary for—
a the proper exercise of a function of an intelligence service, or
b the proper exercise of a function of the armed forces relating to intelligence.
3 A person is taken to have shown that their act was so necessary if—
a sufficient evidence of that fact is adduced to raise an issue with respect to it, and
b the contrary is not proved beyond reasonable doubt.
4 The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.
5 The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—
a a member of the armed forces, or
b a civilian subject to service discipline when working in support of a member of the armed forces,
to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.
6 The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.
7 In this section—
  • “armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);
  • “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;
  • “GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;
  • “head” means—
    1. in relation to the Security Service, the Director General of the Security Service,
    2. in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and
    3. in relation to GCHQ, the Director of GCHQ;
  • “intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.

Limitation on liability

I378C151 C1Protective offences: victims not liable

1 In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—
a he falls within the protected category; and
b he is the person in respect of whom the protective offence was committed or would have been if it had been committed.
2 “Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).

51A Exceptions to section 44 for encouraging or assisting suicide or serious self-harm

1 Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).
2 Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

Jurisdiction and procedure

I379C152 C1Jurisdiction

1 If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.
2 If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.
3 A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—
a in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence;
b in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.
4 In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—
a England or Wales; and
b England and Wales;
were references to Northern Ireland.
5 Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.

I380C153 C1Prosecution of offences triable by reason of Schedule 4

1 No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—
a in England and Wales, except by, or with the consent of, the Attorney General; or
b in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.
2 Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).

I381C154 C1Institution of proceedings etc. for an offence under this Part

1 Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.
2 This section applies to provisions made by or under an enactment (whenever passed or made) that—
a provide that proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes exceptions to the prohibition);
b confer power to institute proceedings;
c confer power to seize and detain property;
d confer a power of forfeiture, including any power to deal with anything liable to be forfeited.
3 In relation to an offence under section 46—
a the reference in subsection (1) to the anticipated offence is to be read as a reference to any offence specified in the indictment; and
b each of the offences specified in the indictment must be an offence in respect of which the prosecutor has power to institute proceedings.
4 Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.
5 No proceedings for an offence under this Part are to be instituted against a person providing information society services who is established in an EEA State F212... unless the derogation condition is satisfied.
6 The derogation condition is satisfied where the institution of proceedings—
a is necessary to pursue the public interest objective;
b relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
c is proportionate to that objective.
7 The public interest objective is public policy.
8 In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.

I382C155 C1Mode of trial

1 An offence under section 44 or 45 is triable in the same way as the anticipated offence.
2 An offence under section 46 is triable on indictment.

I383C156 C1Persons who may be perpetrators or encouragers etc.

1 In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—
a it is proved that he must have committed the inchoate offence or the anticipated offence; but
b it is not proved which of those offences he committed.
2 For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.
3 In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.

I384C157 C1Alternative verdicts and guilty pleas

1 If in proceedings on indictment for an offence under section 44 or 45 a person is not found guilty of that offence by reference to the specified offence, he may be found guilty of that offence by reference to an alternative offence.
2 If in proceedings for an offence under section 46 a person is not found guilty of that offence by reference to any specified offence, he may be found guilty of that offence by reference to one or more alternative offences.
3 If in proceedings for an offence under section 46 a person is found guilty of the offence by reference to one or more specified offences, he may also be found guilty of it by reference to one or more other alternative offences.
4 For the purposes of this section, an offence is an alternative offence if—
a it is an offence of which, on a trial on indictment for the specified offence, an accused may be found guilty; or
b it is an indictable offence, or one to which section 40 of the Criminal Justice Act 1988 (c. 33) applies (power to include count for common assault etc. in indictment), and the condition in subsection (5) is satisfied.
5 The condition is that the allegations in the indictment charging the person with the offence under this Part amount to or include (expressly or by implication) an allegation of that offence by reference to it.
6 Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.
7 In the application of subsection (5) to proceedings for an offence under section 44, the allegations in the indictment are to be taken to include an allegation of that offence by reference to the offence of attempting to commit the specified offence.
8 Section 49(4) applies to an offence which is an alternative offence in relation to a specified offence as it applies to that specified offence.
9 In this section—
a in relation to a person charged with an offence under section 44 or 45, “the specified offence” means the offence specified in the indictment as the one alleged to be the anticipated offence;
b in relation to a person charged with an offence under section 46, “specified offence” means an offence specified in the indictment (within the meaning of subsection (4) of that section), and related expressions are to be read accordingly.
10 A person arraigned on an indictment for an offence under this Part may plead guilty to an offence of which he could be found guilty under this section on that indictment.
11 This section applies to an indictment containing more than one count as if each count were a separate indictment.
12 This section is without prejudice to—
a section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58);
b section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 (c. 18).

I385C158 C1Penalties

1 Subsections (2) and (3) apply if—
a a person is convicted of an offence under section 44 or 45; or
b a person is convicted of an offence under section 46 by reference to only one offence (“the reference offence”).
2 If the anticipated or reference offence is murder, he is liable to imprisonment for life.
3 In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.
4 Subsections (5) to (7) apply if a person is convicted of an offence under section 46 by reference to more than one offence (“the reference offences”).
5 If one of the reference offences is murder, he is liable to imprisonment for life.
6 If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—
a to imprisonment for a term not exceeding the maximum term provided for any one of those offences (taking the longer or the longest term as the limit for the purposes of this paragraph where the terms provided differ); or
b to a fine.
7 In any other case he is liable to a fine.
8 Subsections (3), (6) and (7) are subject to any contrary provision made by or under—
a an Act; or
b Northern Ireland legislation.
9 In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.

Consequential alterations of the law

I386C159 C1Abolition of common law replaced by this Part

The common law offence of inciting the commission of another offence is abolished.

I387C160 C1Amendments relating to service law

Schedule 5 (which amends enactments relating to service law) has effect.

I388C161 C1Repeal of offence of enabling unauthorised access to computer material

1 The Police and Justice Act 2006 (c. 48) is amended as follows.
2 In section 35 (unauthorised access to computer material), omit subsection (2).
3 In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—
a in subsection (2)—
i at the end of paragraph (b), insert “ or ”; and
ii omit paragraph (d) and the word “or” preceding it;
b in subsection (3) for “to (d)” substitute “ to (c) ”.
4 In section 38 (transitional and saving provision), omit subsection (1).
5 In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

I370C162 C1No individual liability in respect of corporate manslaughter

In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert—

I389C163 C1Consequential amendments: Part 2

1 In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.
2 Part 2 of Schedule 6 contains other minor and consequential amendments.
3 The Secretary of State may by order amend Part 1 of Schedule 6 as it applies to England and Wales by adding or removing a provision.
4 The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

Interpretation: Part 2

I390C164 C1Encouraging or assisting the commission of an offence

A reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.

I391C165 C1Being capable of encouraging or assisting

1 A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence.
2 A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by—
a taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence;
b failing to take reasonable steps to discharge a duty.
3 But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.

I392C166 C1Indirectly encouraging or assisting

If a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the commission of an offence, and D2 does the act, D1 is also to be treated for the purposes of this Part as having done it.

I393C167 C1Course of conduct

A reference in this Part to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

Part 3  Other measures to prevent or disrupt serious and other crime

Chapter 1 Prevention of fraud

Sharing information with anti-fraud organisations

68 Disclosure of information to prevent fraud

I5201 A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
I5202 The information—
a may be information of any kind; and
b may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.
I5203 Disclosure under this section does not breach—
a any obligation of confidence owed by the public authority disclosing the information; or
b any other restriction on the disclosure of information (however imposed).
I5204 But nothing in this section authorises any disclosure of information which—
a contravenes the data protection legislation; or
b is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
F2455 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5207 This section does not limit the circumstances in which information may be disclosed apart from this section.
I388 In this section—
  • “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;
  • “ the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
  • “information” includes documents;
  • “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and
  • “specified” means specified by an order made by the Secretary of State.

I52169 Offence for certain further disclosures of information

1 A person (“B”) commits an offence, subject as follows, if—
a B discloses protected information which has been disclosed by a public authority—
i as a result of the public authority being a member of a specified anti-fraud organisation; or
ii otherwise in accordance with any arrangements made by such an organisation;
b the information—
i has been so disclosed by the public authority to B; or
ii has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and
c B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).
2 Subsection (1) does not apply to a disclosure made by B—
a where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person;
b for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;
c with the consent of the public authority concerned; or
d in pursuance of an assimilated obligation or a duty imposed by an enactment;
but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.
F2473 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—
a that the disclosure was lawful; or
b that the information had already and lawfully been made available to the public.
5 In this section “protected information” means—
a any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or
b any specified information disclosed by a specified public authority.
6 For the purposes of this section—
a “revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person;
b revenue and customs information reveals a person's identity if—
i it specifies his identity; or
ii his identity can be deduced from it; and
c revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised.
7 In this section—
  • “Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs;
  • “enactment” has the same meaning as in section 14;
  • “public authority” has the same meaning as in section 68;
  • “Revenue and Customs” means—
    1. the Commissioners of Revenue and Customs;
    2. an officer of Revenue and Customs; or
    3. a person acting on behalf of the Commissioners or an officer of Revenue and Customs;
  • “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;
  • “specified information” means information specified or described in an order made by the Secretary of State; and
  • “specified public authority” means a public authority specified or described in an order made by the Secretary of State.

I52270 Penalty and prosecution for offence under section 69

1 A person who commits an offence under section 69 is liable—
a on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
2 A prosecution for an offence under section 69 may be begun in England and Wales only by or with the consent of the Director of Public Prosecutions
3 A prosecution for an offence under section 69 may be begun in Northern Ireland only—
a in the case of revenue and customs information disclosed by Revenue and Customs—
i by the Commissioners of Revenue and Customs; or
ii with the consent of the Director of Public Prosecutions for Northern Ireland; and
b in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland.
4 If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of—
a an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or
b a person who was purporting to act in any such capacity;
he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
5 In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.
5A In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.
6 In this section—
  • “body corporate” includes a limited liability partnership;
  • “Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;
  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
  • “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and
  • “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.

71 Code of practice for disclosure of information to prevent fraud

I391 The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.
I392 Before preparing or altering the code, the Secretary of State must consult—
a any specified anti-fraud organisation;
b the Information Commissioner; and
c such other persons as the Secretary of State considers appropriate.
I5233 A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
F248I394 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I395 The Secretary of State must—
a lay a copy of the code, and of any alterations to it, before Parliament; and
b from time to time publish the code as for the time being in force.
I5236 In this section—
  • “information” and “public authority” have the same meaning as in section 68;
  • “relevant public authority” has the meaning given by section 68(6); and
  • “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.

I52472 Data protection rules

In Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert—

Data matching

I40I32573 Data matching

Schedule 7 (which makes provision about data matching) has effect.

Chapter 2 Proceeds of crime

Assets Recovery Agency

74 Abolition of Assets Recovery Agency and redistribution of functions etc.

I431 The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint.
2 The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—
I59a Part 1 (abolition of confiscation functions);
I59b Part 2 (transfer to SOCA and prosecution authorities of civil recovery functions);
I59c Part 3 (transfer to SOCA of Revenue functions and power to abolish those functions);
I44I60d Part 4 (transfer of investigation functions);
I59e Part 5 (transfer of accreditation and training functions to National Policing Improvement Agency);
I59f Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and
I44I60g Part 7 (amendments to other enactments).
I473 Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect.
I2334 In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.

Detained cash investigations: use of production orders and warrants

75 Use of production orders for detained cash investigations

I3321 After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—
I3322 In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I3323 In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—
.
I5314 In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I5315 In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—
.

76 Use of search warrants etc. for detained cash investigations

I3331 In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I3332 In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—
.
I3333 After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—
I5324 In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I5325 In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—
.
I5326 After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—

I236I334I53377 Further provision about detained cash investigations

Schedule 10 (which makes further provision about detained cash investigations) has effect.

Extension of powers of accredited financial investigators

F10178 Powers to seize property to which restraint orders apply

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I34579 Powers to recover cash

Schedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.

I36380 Powers in relation to certain investigations

1 In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—
F45a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.
2 After section 352(6) of that Act insert—
3 In section 353(10) of that Act (requirements in relation to search and seizure warrants)—
F46a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.
4 After section 353(10) of that Act insert—
F1025 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—
.
8 After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

I36481 Supplementary provision in relation to new powers

1 In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—
a after “may” insert “ , in particular, ”; and
b after “person” insert “ or by reference to particular types of training undertaken ”.
2 After section 453 of that Act insert—

Miscellaneous

I36582 Powers of management receivers and enforcement receivers

1 After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert—
2 After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert—
3 After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert—
4 After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert—

I36683 Civil recovery management receivers

1 After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert—
2 In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”.
3 In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert—
.

I36784 Powers for prosecutors to appear in cash recovery proceedings

1 After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—
2 After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—
F573 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F574 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I285 Disclosure of information by Revenue and Customs

1 This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).
2 Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs—
a to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of enabling or assisting the CAB to exercise any of its functions in connection with any matter within subsection (3); or
b to any specified public authority (in the United Kingdom or elsewhere)—
i for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within subsection (3); or
ii (if the specifying order so provides) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within that subsection that is specified, or of a description specified, in the order.
3 The matters within this subsection are—
a the identification of proceeds of crime;
b the bringing of civil proceedings for enforcement purposes in relation to proceeds of crime; and
c the taking of other action in relation to proceeds of crime.
4 Information disclosed in accordance with subsection (2) must not be further disclosed except—
a in connection with the exercise of any of the functions of the CAB or a specified public authority in connection with any matter within subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is mentioned there); and
b with the consent of the Commissioners of Revenue and Customs or an authorised officer of the Commissioners of Revenue and Customs.
5 For the purposes of this section any consent or authorisation may be general or specific.
6 If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity—
a is specified in the disclosure; or
b can be deduced from it;
section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
7 Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be).
8 Nothing in this section authorises any disclosure of information which—
a contravenes the data protection legislation; or
b is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
9 In this section—
  • “the 2005 Act” means the Commissioners for Revenue and Customs Act 2005 (c. 11);
  • “assets” means property of any description, wherever situated;
  • “civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;
  • “Commissioners of Revenue and Customs” means the Commissioners for Her Majesty's Revenue and Customs;
  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
  • “enforcement purposes”, in relation to the proceeds of crime, means with a view to—
    1. recovering, forfeiting or freezing assets constituting proceeds of crime; or
    2. otherwise depriving persons (to any extent) of, or of access to, such assets or the benefit of such assets;
  • “functions” includes powers, duties and objectives, and references to the exercise of functions include the pursuit of objectives;
  • “proceeds of crime” means assets derived, or suspected to be derived, directly or indirectly from criminal conduct (wherever occurring);
  • “public authority” means any body or person discharging functions of a public nature;
  • “revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;
  • “specified” means specified in an order made by the Treasury; and
  • “the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.

I36986 Use of force in executing search warrants: Scotland

In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert—

Chapter 3 Other measures

I36887 Incidents involving serious violence: powers to stop and search

1 In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert—
.
2 In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.
3 After section 60(9) of that Act insert—
4 In section 60(9A) of that Act (application to British Transport Police)—
a after “place” insert “ in England and Wales ”; and
b after “2003” insert “ and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003 ”.
5 In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.
6 In the heading to section 60 of that Act after “of” insert “ , or after, ”.

I388 Extension of investigatory powers of Revenue and Customs

Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.

Part 4 General and final provisions

General

89 Orders and regulations

1 Any power of the Secretary of Stateor the Treasury to make an order or regulations under this Act is exercisable by statutory instrument.
2 Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act—
a may be exercised so as to make different provision for different cases or descriptions of case or different purposes;
b includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriateor the Scottish Ministers consider appropriate.
3 No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
  • section 4(4);
  • section 49(6);
  • section 63(3);
  • section 69;
  • section 90;
  • paragraph 2(5)(j) of Schedule 1A;
  • paragraph 102 of Schedule 8.
4 Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.
5 An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
6 An order made by the Secretary of State or the Treasury under section 7(1), 24(9), 27(6) or (12),, 27A(7) 28(6) F33..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.
6A An order under section 4(4A) is subject to the affirmative procedure.
6B An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure.
7 Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
8 Any power of the Department of Justice to make an order under this Act—
a may be exercised so as to make different provision for different cases or descriptions of case or different purposes;
b includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.
9 No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
10 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
11 An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

90 Supplementary, incidental and consequential provision

1 The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
2 The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).
3 The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

I191 Transitional and transitory provisions and savings

I320I330I5251 Schedule 13 (transitional and transitory provisions and savings) has effect.
2 The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)).
3 The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).

I31I234I52992 Repeals and revocations

Schedule 14 (which contains repeals and revocations) has effect.

Final

93 Extent

1 The following provisions extend to England and Wales only—
a section 78(1) and (2);
b section 82(1) and (2);
c section 87; and
d Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts.
2 The following provisions extend to England and Wales and Northern Ireland only—
F168a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but excluding sections 60 and 61, Schedule 5 and Part 2 of Schedule 6;
c section 75(2) and (3);
d section 76(1) to (3);
e section 80;
f section 81(2); and
g section 83(1) and (2).
3 The following provisions extend to Scotland only—
a section 68(5) and (6);
b section 69(3);
c section 71(4);
d section 75(4) and (5);
e section 76(4) to (6); and
f section 86.
4 The following provisions extend to Northern Ireland only—
a section 78(3) and (4);
b section 82(3) and (4); and
c Part 3 of Schedule 7 and section 73 so far as relating to that Part.
5 Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that—
a it does not extend to Scotland; and
b paragraph 53 of Schedule 6 does not extend to Northern Ireland.
6 Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.
7 Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

94 Commencement

1 The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
2 The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—
a section 75(1);
b paragraph 2 of Schedule 10; or
c paragraph 24 of that Schedule.
3 The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.
4 Those provisions are—
a section 75(4) and (5);
b section 76(4) to (6);
c section 86;
d paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and
e so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.

95 Short title

This Act may be cited as the Serious Crime Act 2007.

SCHEDULES

SCHEDULE 1 

Serious offences

Sections 2 and 3

Part 1 Serious offences in England and Wales

Drug trafficking

I2391
1 An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—
a section 4(2) or (3) (unlawful production or supply of controlled drugs);
b section 5(3) (possession of controlled drug with intent to supply);
ba section 6 (restriction of cultivation of cannabis plant);
c section 8 (permitting etc. certain activities relating to controlled drugs);
d section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).
2 An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—
a section 50(2) or (3) (improper importation of goods);
b section 68(2) (exportation of prohibited or restricted goods);
c section 170 (fraudulent evasion of duty etc.).
3 An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
a section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);
b section 19 (using a ship for illicit traffic in controlled drugs).
1ZAAn offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing a psychoactive substance);
b section 5 (supplying, or offering to supply, a psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply);
d section 8 (importing or exporting a psychoactive substance).

Slavery etc

1AAn offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

People trafficking

I2402
1 An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).
2 An offence under any of sections 57 to 59A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).
3 An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).
4 An offence under section 2 of the Modern Slavery Act 2015.

Terrorism

2AAn offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

Firearms offences

3
1 An offence under any of the following provisions of the Firearms Act 1968—
a section 1(1) (possession etc of firearms or ammunition without certificate);
b section 2(1) (possession etc of shot gun without certificate);
c section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);
d section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).
2 An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—
a section 68(2) (exportation of prohibited or restricted goods);
b section 170 (fraudulent evasion of duty etc ).
3 In sub-paragraph (2) “ firearm ” and “ ammunition ” have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution and child sex

I2414
1 An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution).
2 An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—
a section 14 (arranging or facilitating commission of a child sex offence);
b section 48 (causing or inciting sexual exploitation of a child);
c section 49 (controlling a child in relation to sexual exploitation);
d section 50 (arranging or facilitating sexual exploitation of a child);
e section 52 (causing or inciting prostitution for gain);
f section 53 (controlling prostitution for gain).

Armed robbery etc.

I2425
1 An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.
2 An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.
3 In this paragraph—
  • “firearm” has the meaning given by section 57(1) of the Firearms Act 1968;
  • “imitation firearm” has the meaning given by section 57(4) of that Act;
  • “offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

I2436An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—
a section 327 (concealing etc. criminal property);
b section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);
c section 329 (acquisition, use and possession of criminal property).

Fraud

I2447
1 An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).
2 An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—
a section 1 (fraud by false representation, failing to disclose information or abuse of position);
b section 6 (possession etc. of articles for use in frauds);
c section 7 (making or supplying articles for use in frauds);
d section 9 (participating in fraudulent business carried on by sole trader etc.);
e section 11 (obtaining services dishonestly).
2A An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).
3 An offence at common law of conspiracy to defraud.

Offences in relation to public revenue etc

I2458
1 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above.
2 An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).
3 An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
4 An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).
5 An offence at common law of cheating in relation to the public revenue.
6 An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

Bribery

9An offence under any of the following provisions of the Bribery Act 2010—
a section 1 (offences of bribing another person);
b section 2 (offences relating to being bribed);
c section 6 (bribery of foreign public officials).

Counterfeiting

I24610An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
a section 14 (making counterfeit notes or coins);
b section 15 (passing etc. counterfeit notes or coins);
c section 16 (having custody or control of counterfeit notes or coins);
d section 17 (making or having custody or control of counterfeiting materials or implements).

Computer misuse

11AAn offence under any of the following provisions of the Computer Misuse Act 1990—
a section 1 (unauthorised access to computer material);
b section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
c section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );
d section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );
e section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Intellectual property

I24712
1 An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
a section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);
b section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);
c section 297A (making or dealing etc. in unauthorised decoders).
2 An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment

I24813
1 An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing F4...with prohibited implements etc.).
2 An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).
3 An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste).
4 An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).
5 An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

Organised crime

13AAn offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

F193... Sanctions legislation

13B
1 An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
2 An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
3 An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
4 An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
5 An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
5A An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.
6 In this paragraph—
  • “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Inchoate offences

I24914
1 An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.
2 An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.
3 An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.
4 The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

I25015
1 This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.
2 Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

I25116Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.

PART 1A SERIOUS OFFENCES IN SCOTLAND

Drug trafficking

16A
1 An offence under any of the following provisions of the Misuse of Drugs Act 1971—
a section 4(2) or (3) (unlawful production or supply of controlled drugs);
b section 5(3) (possession of controlled drug with intent to supply);
c section 6 (restriction of cultivation of cannabis plant);
d section 8 (permitting etc certain activities relating to controlled drugs);
e section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).
2 An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—
a section 50(2) or (3) (improper importation of goods);
b section 68(2) (exportation of prohibited or restricted goods);
c section 170 (fraudulent evasion of duty etc ).
3 An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990—
a section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);
b section 19 (using a ship for illicit traffic in controlled drugs).
16AAAn offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing a psychoactive substance);
b section 5 (supplying, or offering to supply, a psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply);
d section 8 (importing or exporting a psychoactive substance).

People trafficking

16B
1 An offence under section 25 or 25A of the Immigration Act 1971 (assisting unlawful immigration etc).
2 An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

Terrorism

16BAAn offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

Firearms offences

16C
1 An offence under any of the following provisions of the Firearms Act 1968—
a section 1(1) (possession etc of firearms or ammunition without certificate);
b section 2(1) (possession etc of shot gun without certificate);
c section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);
d section 5(1), (1A) or (2A) (possession, manufacture etc of prohibited weapons).
2 An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—
a section 68(2) (exportation of prohibited or restricted goods);
b section 170 (fraudulent evasion of duty etc).
3 In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution, child sex and pornography

16D
1 An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995—
a section 11(1) (living on earnings of prostitution or soliciting for immoral purposes);
b section 11(4) (aiding, abetting or compelling prostitution for gain);
c section 11(5) (running of brothels).
2 An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc).
3 An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—
a section 10 (causing or inciting provision by child of sexual services or child pornography);
b section 11 (controlling a child providing sexual services or involved in pornography);
c section 12 (arranging or facilitating provision by child of sexual services or child pornography).
4 An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).

Serious organised crime

16E
1 An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
a section 28(1) (involvement in serious organised crime);
b section 30(1) or (2) (directing serious organised crime).
2 An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime).

Money laundering

16FAn offence under any of the following provisions of the Proceeds of Crime Act 2002—
a section 327 (concealing etc criminal property);
b section 328 (facilitating the acquisition etc of criminal property by or on behalf of another);
c section 329 (acquisition, use and possession of criminal property).

Offences in relation to public revenue etc

16G
1 An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above.
2 An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).
3 An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
4 An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).
5 An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

Bribery

16HAn offence under any of the following provisions of the Bribery Act 2010—
a section 1 (offences of bribing another person);
b section 2 (offences relating to being bribed);
c section 6 (bribery of foreign public officials).

Counterfeiting

16IAn offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—
a section 14 (making counterfeit notes or coins);
b section 15 (passing etc counterfeit notes or coins);
c section 16 (having custody or control of counterfeit notes or coins);
d section 17 (making or having custody or control of counterfeiting materials or implements).

Fraud etc

16J
1 An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc).
1A An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).
2 Fraud.
3 Conspiracy to defraud.
4 Theft.
5 Extortion.
6 Assault and robbery.

Computer misuse

16KAn offence under any of the following provisions of the Computer Misuse Act 1990—
a section 1 (unauthorised access to computer material);
b section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
c section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);
d section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);
e section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Intellectual property

16L
1 An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders).
2 An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc).

Environment

16M
1 An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003—
a section 1 (fishing for salmon: methods);
b section 2 (fishing for freshwater fish: methods);
c section 5 (using explosive or other noxious substances for taking or destruction of fish etc).
2 An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc).
3 An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste).
4 An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).
5 An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

F195... Sanctions legislation

16MA
1 An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
2 An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
3 An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
4 An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
5 An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
5A An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.
6 In this paragraph—
  • “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Inchoate offences

16NAn offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule.

Earlier offences

16OThis Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

Scope of offences

16PWhere this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland.

Part 2 Serious offences in Northern Ireland

Drug trafficking

I25317
1 An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—
a section 4(2) or (3) (unlawful production or supply of controlled drugs);
b section 5(3) (possession of controlled drug with intent to supply);
ba section 6 (restriction of cultivation of cannabis plant);
c section 8 (permitting etc. certain activities relating to controlled drugs);
d section 20 (assisting in or inducing the commission outside the United Kingdom of an offence punishable under a corresponding law).
2 An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—
a section 50(2) or (3) (improper importation of goods);
b section 68(2) (exportation of prohibited or restricted goods);
c section 170 (fraudulent evasion of duty etc.).
3 An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
a section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);
b section 19 (using a ship for illicit traffic in controlled drugs).
17AAn offence under any of the following provisions of the Psychoactive Substances Act 2016—
a section 4 (producing a psychoactive substance);
b section 5 (supplying, or offering to supply, a psychoactive substance);
c section 7 (possession of psychoactive substance with intent to supply);
d section 8 (importing or exporting a psychoactive substance).

People trafficking

I25418
1 An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.).
F1732 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1743 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Terrorism

18AAn offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).

Firearms offences

I25519
1 An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition—
a section 68(2) (exportation of prohibited or restricted goods);
b section 170 (fraudulent evasion of duty etc.).
2 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3))—
a Article 3 (possession etc of firearms or ammunition without certificate);
b Article 24 (dealing etc in firearms or ammunition by way of trade or business without being registered);
c Article 45 (possession, manufacture etc of prohibited weapons).
3 In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Prostitution and child sex

I25620
1 An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution).
2 An offence under any of the following provisions of the Sexual Offences Act 2003—
a section 48 (causing or inciting child prostitution or pornography);
b section 49 (controlling a child prostitute or a child involved in pornography);
c section 50 (arranging or facilitating child prostitution or pornography);
d section 52 (causing or inciting prostitution for gain);
e section 53 (controlling prostitution for gain).

Armed robbery etc.

I25721
1 An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon.
2 An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.
3 In this paragraph—
  • “firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004;
  • “offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering

I25822An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—
a section 327 (concealing etc. criminal property);
b section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);
c section 329 (acquisition, use and possession of criminal property).

Fraud

I25923
1 An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting).
2 An offence under any of the following provisions of the Fraud Act 2006 (c. 35)—
a section 1 (fraud by false representation, failing to disclose information or abuse of position);
b section 6 (possession etc. of articles for use in frauds);
c section 7 (making or supplying articles for use in frauds);
d section 9 (participating in fraudulent business carried on by sole trader etc.);
e section 11 (obtaining services dishonestly).
2A An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).
3 An offence at common law of conspiracy to defraud.

Offences in relation to public revenue etc

I26024
1 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above.
2 An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).
3 An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).
4 An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).
5 An offence at common law of cheating in relation to the public revenue.
6 An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).

Bribery

25An offence under any of the following provisions of the Bribery Act 2010—
a section 1 (offences of bribing another person);
b section 2 (offences relating to being bribed);
c section 6 (bribery of foreign public officials).

Counterfeiting

I26126An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
a section 14 (making counterfeit notes or coins);
b section 15 (passing etc. counterfeit notes or coins);
c section 16 (having custody or control of counterfeit notes or coins);
d section 17 (making or having custody or control of counterfeiting materials or implements).

Blackmail

I26227
1 An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail).
2 An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).

Computer misuse

27AAn offence under any of the following provisions of the Computer Misuse Act 1990—
a section 1 (unauthorised access to computer material);
b section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
c section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );
d section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );
e section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).

Intellectual property

I26328
1 An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
a section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);
b section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);
c section 297A (making or dealing etc. in unauthorised decoders).
2 An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment

I26429
1 An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).
2 An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).
3 An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste).
4 An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).
5 An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

F197... Sanctions legislation

29A
1 An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
2 An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
3 An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
4 An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
5 An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
5A An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.
6 In this paragraph—
  • “EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Inchoate offences

I26530
1 An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.
2 An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.
3 An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.
4 The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

I26631
1 This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.
2 Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

I26732Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.

Schedule 1A 

Relevant orders: notification requirements

Section 15A

1 Notification requirements for persons other than individuals

1 Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual.
2 In this paragraph “authorised individual” means an individual who—
a is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and
b has consented to act in that capacity.
3 P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual.
4 Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.

2 Notification requirements for individuals

1 An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual.
2 If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change.
3 A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order.
4 If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day.
5 In this paragraph “the notifiable information” relating to an individual means—
a their name and, if they use one or more other names, each of those names;
b the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay;
c each of their telephone numbers and email addresses (if any);
d any name which they use to access a social media service or the function of which is to identify the user of such a service;
e any name—
i which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or
ii the function of which is to identify them as the user of such a game;
f identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes);
g specified financial information;
h specified information about identification documents;
i the name and address of each of their employers (if any);
j any information of a description specified in regulations made by the Secretary of State.
6 For the purposes of sub-paragraph (5)—
a where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places);
b “social media service” means an online service that meets the following conditions—
i the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and
ii making content generated by users available to other users is a significant feature of the service;
c “specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008;
d “specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule;
e “user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023.

3 Offences

1 A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4).
2 A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine.
3 A person commits an offence under the law of England and Wales if the person—
a fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2;
b gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false.
4 A person guilty of an offence under sub-paragraph (3) is liable—
a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;
b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

SCHEDULE 2 

Functions of applicant authorities under Part 1

Section 37

Director of Public Prosecutions

I3011The functions of the Director of Public Prosecutions under this Part are—
a to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
I3022
1 The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor.
2 References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.
I3033The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.
I354
1 The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case—
a whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;
b whether to present a petition by virtue of section 27 of this Act; or
c where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.
2 Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.
I3045Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.
5ASection 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.

F50...

F516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Director of Serious Fraud Office

I30512The functions of the Director of the Serious Fraud Office under this Part are—
a to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
I30613
1 The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).
2 References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.
I30714The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.
I30815Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

15ZA Director General of the National Crime Agency

The functions of the Director General of the National Crime Agency under this Part are—
a to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15ZB Commissioners for His Majesty’s Revenue and Customs

The functions of the Commissioners for His Majesty’s Revenue and Customs under this Part are—
a to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Chief officers of police in England and Wales

15AThe functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are—
a to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales that is terrorism-related;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (whether proceedings on appeal, by virtue of section 27 or otherwise);
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
15B
1 A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.
2 References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent.

Chief Constable of British Transport Police Force

15BAThe functions of the Chief Constable of the British Transport Police Force under this Part are—
a to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
15BB
1 The Chief Constable of the British Transport Police Force may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent.
2 References in this Part to the Chief Constable of the British Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent.

Chief Constable of the Ministry of Defence Police

15BCThe functions of the Chief Constable of the Ministry of Defence Police under this Part are—
a to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
15BD
1 The Chief Constable of the Ministry of Defence Police may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent.
2 References in this Part to the Chief Constable of the Ministry of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent.

The chief constable of the Police Service of Scotland

15CThe functions of the chief constable of the Police Service of Scotland are—
a to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Scotland that is terrorism-related;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise);
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
15D
1 The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.
2 References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent.

Director of Public Prosecutions for Northern Ireland

I30916The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—
a to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 28 or otherwise);
d to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
I31017References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.
I3618
1 The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—
a whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;
b whether to present a petition by virtue of section 28 of this Act; or
c where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.
2 Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.
I31119Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.
I31220Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

The Chief Constable of the Police Service of Northern Ireland

20AThe functions of the Chief Constable of the Police Service of Northern Ireland are—
a to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related or for their variation or discharge;
b to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland that is terrorism-related;
c to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise);
d to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and
e to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
20B
1 The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent.
2 References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent.

Interpretation

I31321In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

SCHEDULE 3 

Listed Offences

Section 49(5)

Part 1 Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)

I3941An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).
I3952An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.
I3963An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.
I3974But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.

Aliens Restriction (Amendment) Act 1919 (c. 92)

I3985An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.
I3996An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.

Official Secrets Act 1920 (c. 75)

F2567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Incitement to Disaffection Act 1934 (c. 56)

I4008An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).

Misuse of Drugs Act 1971 (c. 38)

I4019An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).
I40210An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).

Immigration Act 1971 (c. 77)

I40311An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State or the United Kingdom).
F218I40412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of the People Act 1983 (c. 2)

I40513An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.

Computer Misuse Act 1990 (c. 18)

I40614An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).
I40715An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).
I40816An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Criminal Justice Act 1993 (c. 36)

I40917An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).

Reserve Forces Act 1996 (c. 14)

I41018An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).

Landmines Act 1998 (c. 33)

I41119An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).

Terrorism Act 2006 (c. 11)

I41220An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).
I41321An offence under section 2(1) of that Act (disseminating terrorist publications).
I41422An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).
I41523An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).
I41624An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).

Cluster Munitions (Prohibitions) Act 2010 (c. 11)

24AAn offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).

Online Safety Act 2023

24BAn offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

National Security Act 2023 (c. 32)

24CAn offence under section 18 of the National Security Act 2023.

Part 2 Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)

I41725An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).

Perjury Act 1911 (c. 6)

I41826An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).

Prison Act 1952 (c. 52)

I41927An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).

Suicide Act 1961 (c. 60)

27AAn offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).

Criminal Law Act 1967 (c. 58)

I42028An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).
I42129An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).

Greater London Council (General Powers) Act 1973 (c. xxx)

I42230An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.

Greater London Council (General Powers) Act 1974 (c. xxiv)

I42331An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.

Criminal Law Act 1977 (c. 45)

I42432An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47)

I42533An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Public Order Act 1986 (c. 64)

I42634An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).
I42735An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).
I42836An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).
I42937An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Terrorism Act 2000 (c. 11)

I43038An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).

Sexual Offences Act 2003

38ZAAn offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).

Serious Crime Act 2015

38AAn offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

Part 3 Other offences: England and Wales

I43139An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).
I43240
1 An attempt under a special statutory provision.
2 Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

Part 4 Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)

I43341An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.
I43442An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Criminal Justice Act (Northern Ireland) 1966 (c. 20)

42AAn offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).

Criminal Law Act (Northern Ireland) 1967 (c. 18)

I43543An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))

I43644An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

I43745An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).
I43846An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

I43947An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).
I44048An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Terrorism Act 2000 (c. 11)

I44149An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).

Part 5 Other offences: Northern Ireland

I44250An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

SCHEDULE 4 

Extra-territoriality

Section 52(2)

I4431
1 This paragraph applies if—
a any relevant behaviour of D's takes place wholly or partly in England or Wales;
b D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and
c either—
i the anticipated offence is one that would be triable under the law of England and Wales if it were committed in that place; or
ii if there are relevant conditions, it would be so triable if it were committed there by a person who satisfies the conditions.
2 “Relevant condition” means a condition that—
a determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and
b relates to the citizenship, nationality or residence of the person who commits it.
I4442
1 This paragraph applies if—
a paragraph 1 does not apply;
b any relevant behaviour of D's takes place wholly or partly in England or Wales;
c D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and
d what D anticipates would amount to an offence under the law in force in that place.
2 The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
a stating that on the facts as alleged the condition is not in their opinion satisfied;
b showing their grounds for that opinion; and
c requiring the prosecution to show that it is satisfied.
3 The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).
4 In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.
5 An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.
I4453
1 This paragraph applies if—
a any relevant behaviour of D's takes place wholly outside England and Wales;
b D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and
c D could be tried under the law of England and Wales if he committed the anticipated offence in that place.
2 For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.
I4464In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.

SCHEDULE 5 

Amendments relating to service law

Section 60

Criminal Justice Act 1982 (c. 48)

I4471In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences (Amendment) Act 1992 (c. 34)

I4482In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

I4493In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences Act 2003 (c. 42)

I4504
1 The Sexual Offences Act 2003 is amended as follows.
2 In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.
3 In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Criminal Justice Act 2003 (c. 44)

I4515In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Gambling Act 2005 (c. 19)

I4526In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Armed Forces Act 2006 (c. 52)

I4537The Armed Forces Act 2006 is amended as follows.
I4548In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.
I4559For section 40 (incitement) substitute—
I45610Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.
I45711For section 46 (inciting criminal conduct) substitute—
I45812In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.
I45913In Schedule 2 (list of serious offences)—
a in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;
b in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

SCHEDULE 6 

Minor and consequential amendments: Part 2

Section 63(1) and (2)

Part 1 References to common law offence of incitement

I4601Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).
I4612Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).
I4623Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).
I4634Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of “rape offence” in relation to court martial proceedings).
I4645In the Magistrates' Courts Act 1980 (c. 43)—
a section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);
b section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);
c paragraph 2 of Schedule 2 (offences for which the value involved is relevant to the mode of trial).
I4656Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).
I4667In the Betting and Gaming Duties Act 1981 (c. 63)—
a section 9(5) (prohibitions for protection of revenue);
b section 9A(4) (prohibitions for protection of revenue: overseas brokers).
I4678In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)—
a paragraph (b)(iv) (imprisonment for excluded offence etc.);
b paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).
I4689Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).
F6310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I46911Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).
I47012Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).
I47113Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).
I47214Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).
I47315In the Road Traffic Offenders Act 1988 (c. 53)—
a section 28(2) (penalty points to be attributed to an offence);
b section 34(5) (disqualification for certain offences);
c section 35(5A) (disqualification for repeated offences).
I47416Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).
I47517Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused's spouse or civil partner).
I47618In the Aviation and Maritime Security Act 1990 (c. 31)—
a section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);
b section 15(2)(c) (master's power of delivery).
I47719In the Criminal Justice Act 1991 (c. 53)—
a section 53(7) (cases involving children in which notice of transfer may be given);
b section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).
I47820In the Sexual Offences (Amendment) Act 1992 (c. 34)—
a subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);
b section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).
I47921In the Criminal Justice Act 1993 (c. 36)—
a section 1(3)(d) (Group B offences);
b section 5(4) (incitement to commit Group A offence).
F3422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48023Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).
I48124Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).
I48225Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).
F4426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48327Article 4(1A) and (7) of the Children's Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).
I48428Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).
I48529Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold preparatory hearing).
I48630In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—
a section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);
b section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).
I48731In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))—
a paragraph (h) of the definition of “drug trafficking offence” in Article 2(2) (interpretation);
b paragraph (b) of the definition of “specified offence” in Article 55 (Revenue and Customs prosecutions).
I48832In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))—
a Article 30(2) (penalty points to be attributed to an offence);
b Article 35(6) (disqualification for certain offences);
c Article 40(7) (disqualification for repeated offences).
I48933In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) —
a Article 38(3)(d) (Group B offences);
b Article 42(2) (incitement to commit Group A offence).
I49034Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).
I49135Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).
I49236Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).
I49337Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).
I49438Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to offences).
F20639. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I49540Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).
I49641Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).
I49742Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).
I49843Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).
I49944In the Proceeds of Crime Act 2002 (c. 29)—
a section 340(11)(b) (interpretation of Part 7: money laundering);
b section 415(2)(a) (money laundering offences for purposes of Part 8: investigations);
c section 447(9)(b) (interpretation of Part 11: national and international co-operation);
d section 451(6)(c) (Revenue and Customs prosecutions).
I50045Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).
I50146Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).
I50247Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).
I50348In the Criminal Justice Act 2003 (c. 44)—
a in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);
b in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).
I50449Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of “offence against a child”).
I50550Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).
I50651Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).
I50752In the Terrorism Act 2006 (c. 11)—
a section 17(2)(f) (commission of offences abroad);
b paragraph 12(b) of Schedule 1 (Convention offences).

Part 2 Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)

I50853In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “ an offence under any other provision of this Act ”.

Criminal Law Act 1977 (c. 45)

I50954In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Magistrates' Courts Act 1980 (c. 43)

I51055
1 The Magistrates' Courts Act 1980 is amended as follows.
2 In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).
3 Omit section 45.
4 In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

I51156Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

I51257In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Public Order Act 1986 (c. 64)

I51358
1 The Public Order Act 1986 is amended as follows.
2 In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.
3 The provisions are—
a section 12(10);
b section 13(13);
c section 14(10);
d section 14B(7).

Computer Misuse Act 1990 (c. 18)

I51459
1 The Computer Misuse Act 1990 is amended as follows.
2 In section 6 (incitement) omit subsection (3).
3 In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).
4 In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.
5 In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).
6 In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

I51560In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “ done ”.

International Criminal Court Act 2001 (c. 17)

I51661
1 The International Criminal Court Act 2001 is amended as follows.
2 In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).
3 In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Proceeds of Crime Act 2002 (c. 29)

I51762After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

Sexual Offences Act 2003 (c. 42)

I51863
1 The Sexual Offences Act 2003 is amended as follows.
2 In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—
3 In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

Serious Organised Crime and Police Act 2005 (c. 15)

I51964
1 The Serious Organised Crime and Police Act 2005 is amended as follows.
2 In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—
3 In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—
.

SCHEDULE 7 

Data matching

Section 73

F67Part 1 Data matching: England

F671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F672. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 Data matching: Wales

I41I3264After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—
I3275
1 Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.
2 In sub-paragraph (3)(b) after “government audit)” insert “ or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching) ”.
3 In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute
4 After sub-paragraph (4) insert—

Part 3 Data matching: Northern Ireland

I42I3286After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—
I3297In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “ or in respect of data matching ”.

SCHEDULE 8 

Abolition of Assets Recovery Agency and its Director

Section 74(2)

Part 1 Abolition of confiscation functions

I611The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
I622In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.
I633In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
I644In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
I655
1 Section 16 (statement of information) is amended as follows.
2 In subsection (1) omit “or the Director (as the case may be)”.
3 In subsection (3) omit—
a “or the Director (as the case may be)”; and
b “or the Director”.
4 In subsection (4) omit “or Director”.
5 In subsection (5) omit—
a “or the Director (as the case may be)”; and
b “or the Director”.
6 In subsection (6) omit “or the Director”.
I666In section 17(1) (defendant's response to statement of information) omit “or the Director”.
I677In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
I688In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.
I699
1 Section 20 (no order made: reconsideration of benefit) is amended as follows.
2 Omit subsection (3).
3 In subsection (4)—
a omit the words from “If the court” to “to do so,”; and
b in paragraph (b) omit “or the Director”.
I7010In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
I7111In section 22(2) (order made: reconsideration of available amount)—
a omit paragraph (b); and
b in paragraph (c) omit “or 52”.
I7212In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.
I7313
1 Section 26 (information) is amended as follows.
2 In subsection (1)(b) omit “or the Director”.
3 In subsection (2)—
a in paragraph (a) omit “or the Director (as the case may be)”; and
b in paragraph (b) omit “or the Director”.
I7414
1 Section 27 (defendant convicted or committed) is amended as follows.
2 In subsection (3)(a) omit “or the Director”.
3 In subsection (5)(b) omit “or the Director (as the case may be)”.
4 In subsection (7) omit “or the Director”.
I7515
1 Section 28 (defendant neither convicted nor acquitted) is amended as follows.
2 In subsection (3)(a) omit “or the Director”.
3 In subsection (5)(b) omit “or the Director (as the case may be)”.
I7616
1 Section 31 (appeal by prosecutor or Director) is amended as follows.
2 In the heading omit “or Director”.
3 In subsection (1) omit “or the Director”.
4 In subsection (2) omit “or the Director”.
I7717In section 33(2) (appeal to the House of Lords)—
a in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and
b omit paragraph (b).
I7818Omit section 34 (Director as enforcement authority).
I7919
1 Section 35 (Director not appointed as enforcement authority) is amended as follows.
2 For the heading substitute “ Enforcement as fines ”.
3 In subsection (1) omit paragraph (b) and the word “and” before it.
I8020Omit sections 36 and 37 (Director appointed as enforcement authority and Director's application for enforcement).
I8121
1 Section 39 (reconsideration etc: variation of prison term) is amended as follows.
2 In subsection (5) for “appropriate person” substitute “ prosecutor ”.
3 Omit subsection (6).
I8222
1 Section 40 (conditions for exercise of powers) is amended as follows.
2 In subsection (4)(a) omit “or the Director”.
3 In subsection (5)(a) omit “or the Director”.
4 In subsection (6)(a) omit “or the Director”.
5 In subsection (8)(b) omit “or the Director (as the case may be)”.
I8323In section 42(2) (application, discharge and variation) omit paragraph (b).
I8424Omit sections 52 and 53 (Director's receivers).
I8525Omit sections 56 and 57 (Director's receivers and sums received by Director).
I8626In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “ or 50 ”.
I8727Omit section 60 (Director's receivers).
I8828In section 61 (protection) for “, 50 or 52” substitute “ or 50 ”.
I8929In section 62(1) (further applications) for “, 50 or 52” substitute “ or 50 ”.
I9030In section 63(1) (discharge and variation)—
a for “to 53” substitute “ to 51 ”; and
b in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
I9131
1 Section 64 (management receivers: discharge) is amended as follows.
2 In subsection (1)(b) omit the words from “or” to “section 52”.
3 Omit subsection (3).
I9232
1 Section 65 (appeal to Court of Appeal) is amended as follows.
2 In subsection (1) omit “or section 53”.
3 In subsection (2) omit “or section 53”.
4 In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
I9333In section 67(4) (seized money) omit paragraph (c).
I9434In section 69(1) (powers of court and receiver)—
a in paragraph (a) for “60” substitute “ 59 ”; and
b in paragraph (b) for “, 50 or 52” substitute “ or 50 ”.
I9535In section 74(1) (enforcement abroad)—
a in paragraph (b) omit “or the Director”; and
b in paragraph (c) omit “or the Director (as the case may be)”.
I9636In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.
I9737In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
I9838In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
I9939
1 Section 166 (statement of information) is amended as follows.
2 In subsection (1) omit “or the Director (as the case may be)”.
3 In subsection (3) omit—
a “or the Director (as the case may be)”; and
b “or the Director”.
4 In subsection (4) omit “or Director”.
5 In subsection (5) omit—
a “or the Director (as the case may be)”; and
b “or the Director”.
6 In subsection (6) omit “or the Director”.
I10040In section 167(1) (defendant's response to statement of information) omit “or the Director”.
I10141In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
I10242In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.
I10343
1 Section 170 (no order made: reconsideration of benefit) is amended as follows.
2 Omit subsection (3).
3 In subsection (4)—
a omit the words from “If the court” to “to do so,”; and
b in paragraph (b) omit “or the Director”.
I10444In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
I10545In section 172(2) (order made: reconsideration of available amount)—
a omit paragraph (b); and
b in paragraph (c) omit “or 200”.
I10646In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.
I10747
1 Section 176 (information) is amended as follows.
2 In subsection (1)(b) omit “or the Director”.
3 In subsection (2)—
a in paragraph (a) omit “or the Director (as the case may be)”; and
b in paragraph (b) omit “or the Director”.
I10848
1 Section 177 (defendant convicted or committed) is amended as follows.
2 In subsection (3)(a) omit “or the Director”.
3 In subsection (5)(b) omit “or the Director (as the case may be)”.
4 In subsection (7) omit “or the Director”.
I10949
1 Section 178 (defendant neither convicted nor acquitted) is amended as follows.
2 In subsection (3)(a) omit “or the Director”.
3 In subsection (5)(b) omit “or the Director (as the case may be)”.
I11050
1 Section 181 (appeal by prosecutor or Director) is amended as follows.
2 In the heading omit “or Director”.
3 In subsection (1) omit “or the Director”.
4 In subsection (2) omit “or the Director”.
I11151In section 183(2) (appeal to the House of Lords)—
a in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and
b omit paragraph (b).
I11252Omit section 184 (Director as enforcement authority).
I11353Omit section 186 (Director's application for enforcement).
I11454
1 Section 188 (reconsideration etc: variation of prison term) is amended as follows.
2 In subsection (5) for “appropriate person” substitute “ prosecutor ”.
3 Omit subsection (6).
I11555
1 Section 189 (conditions for exercise of powers) is amended as follows.
2 In subsection (4)(a) omit “or the Director”.
3 In subsection (5)(a) omit “or the Director”.
4 In subsection (6)(a) omit “or the Director”.
5 In subsection (8)(b) omit “or the Director (as the case may be)”.
I11656In section 191(2) (application, discharge and variation) omit paragraph (b).
I11757Omit sections 200 and 201 (Director's receivers).
I11858Omit sections 204 and 205 (Director's receivers and sums received by Director).
I11959In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “ or 198 ”.
I12060Omit section 208 (Director's receivers).
I12161In section 209 (protection) for “, 198 or 200” substitute “ or 198 ”.
I12262
1 Section 210 (further applications) is amended as follows.
2 In subsection (1) for “, 198 or 200” substitute “ or 198 ”.
3 In subsection (2)(b) omit “or 200”.
4 In subsection (3) omit “or 200”.
I12363In section 211(1) (discharge and variation)—
a for “any of sections 198 to 201” substitute “ section 198 or 199 ”; and
b in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
I12464
1 Section 212 (management receivers: discharge) is amended as follows.
2 In subsection (1)(b) omit the words from “or” to “section 200”.
3 Omit subsection (3).
I12565
1 Section 213 (appeal to Court of Appeal) is amended as follows.
2 In subsection (1) omit “or section 201”.
3 In subsection (2) omit “or section 201”.
4 In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
I12666In section 215(4) (seized money) omit paragraph (d).
I12767In section 217(1) (powers of court and receiver)—
a in paragraph (a) for “208” substitute “ 207 ”; and
b in paragraph (b) for “, 198 or 200” substitute “ or 198 ”.
I12868In section 222(1) (enforcement abroad)—
a in paragraph (b) omit “or the Director”; and
b in paragraph (c) omit “or the Director (as the case may be)”.
I12969In section 417(2) (insolvency etc: modifications of the 1986 Act)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
I13070
1 Section 418 (restriction of powers) is amended as follows.
2 In subsection (2)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
3 In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.
I13171In section 419(2)(b) (tainted gifts)—
a omit “52,”; and
b for “, 198 or 200” substitute “ or 198 ”.
I13272In section 420(2) (modifications of the 1985 Act)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
I13373
1 Section 421 (restriction of powers) is amended as follows.
2 In subsection (2)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
3 In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.
I13474In section 422(2)(b) (tainted gifts)—
a omit “52,”; and
b for “, 198 or 200” substitute “ or 198 ”.
I13575In section 423(2) (modifications of the 1989 Order)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
I13676
1 Section 424 (restriction of powers) is amended as follows.
2 In subsection (2)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
3 In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.
I13777In section 425(2)(b) (tainted gifts)—
a omit “52,”; and
b for “, 198 or 200” substitute “ or 198 ”.
I13878
1 Section 426 (winding up under the 1986 Act) is amended as follows.
2 In subsection (2)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
3 In subsection (5)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
I13979In section 427(3)(b) (tainted gifts)—
a omit “52,”; and
b for “, 198 or 200” substitute “ or 198 ”.
I14080
1 Section 428 (winding up under the 1989 Order) is amended as follows.
2 In subsection (2)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
3 In subsection (5)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
I14181In section 429(3)(b) (tainted gifts)—
a omit “52,”; and
b for “, 198 or 200” substitute “ or 198 ”.
I14282
1 Section 430 (floating charges) is amended as follows.
2 In subsection (2)—
a in paragraph (b) omit “or 52”; and
b in paragraph (d) omit “or 200”.
3 In subsection (5)—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.
I14383In section 432(7) (insolvency practitioners)—
a in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “ or 55(3) ”; and
b in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “ or 203(3) ”.
I14484In Schedule 10 (tax), in paragraph 1—
a in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and
b in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Part 2 Transfer of civil recovery functions

I14585The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
I14686In section 246(7) (application for interim receiving order) for “Agency” substitute “ enforcement authority ”.
I14787After section 272(6) (compensation for loss in relation to associated and joint property) insert—
I14888
1 Section 280 (applying realised proceeds) is amended as follows.
2 In subsection (3)—
a for “Director” substitute “ enforcement authority (unless it is the Scottish Ministers) ”; and
b for “him” substitute “ it ”.
3 In subsection (4) for “Agency” substitute “ enforcement authority concerned ”.
I14989After section 283(9) (compensation) insert—
I15090Omit section 313 (restriction on performance of Director's functions by police).
I15191
1 Section 316 (general interpretation: Part 5) is amended as follows.
2 In subsection (1), in the definition of “enforcement authority”—
a for paragraph (a) substitute—
; and
b after paragraph (b) insert—
.
3 After subsection (8) insert—

Part 3 Transfer or abolition of Revenue functions

I15292The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.
I15393
1 Section 317 (Director's general Revenue functions) is amended as follows.
2 In the heading for “Director's” substitute “ SOCA's ”.
3 In subsection (1) for “the Director” substitute “ SOCA ”.
4 In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.
5 In subsection (3) for “the Director” substitute “ SOCA ”.
6 In subsection (4) for “The Director” substitute “ SOCA ”.
7 In subsection (6) for “the Director” substitute “ SOCA ”.
8 In subsection (7) for “the Director” substitute “ SOCA ”.
9 In subsection (8)(b) for “the Director” substitute “ SOCA ”.
I15494
1 Section 318 (Revenue functions regarding employment) is amended as follows.
2 In subsection (1)(a) for “the Director” substitute “ SOCA ”.
3 In subsection (2) for “the Director” substitute “ SOCA ”.
4 In subsection (3)(a) for “the Director” substitute “ SOCA ”.
5 In subsection (4) for “the Director” substitute “ SOCA ”.
I15595
1 Section 319 (source of income) is amended as follows.
2 In subsection (1)—
a for “the Director” substitute “ SOCA ”;
b for “him” substitute “ it ”; and
c for “he” substitute “ SOCA ”.
3 In subsection (2) for “the Director” substitute “ SOCA ”.
4 In subsection (3)—
a for “the Director” substitute “ SOCA ”; and
b for “him” substitute “ SOCA ”.
I15696
1 Section 320 (appeals) is amended as follows.
2 In subsection (1) for “the Director” substitute “ SOCA ”.
3 In subsection (2)—
a for “the Director” substitute “ SOCA ”; and
b for “his” substitute “ its ”.
I15797
1 Section 321 (Director's functions: transfers of value) is amended as follows.
2 In the heading for “Director's” substitute “ SOCA's ”.
3 In subsection (1)—
a for “the Director” substitute “ SOCA ”; and
b in paragraph (b) for “it” substitute “ the transfer of value ”.
4 In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.
5 In subsection (3) for “the Director” substitute “ SOCA ”.
6 In subsection (4) for “The Director” substitute “ SOCA ”.
7 In subsection (5) for “the Director” substitute “ SOCA ”.
8 In subsection (6) for “the Director” substitute “ SOCA ”.
I15898
1 Section 322 (Director's functions: certain settlements) is amended as follows.
2 In the heading for “Director's” substitute “ SOCA's ”.
3 In subsection (1) for “the Director” substitute “ SOCA ”.
4 In subsection (2)—
a for “the Director”, in both places where it appears, substitute “ SOCA ”; and
b in paragraph (c) for “he” substitute “ SOCA ”.
5 In subsection (3) for “the Director” substitute “ SOCA ”.
6 In subsection (4) for “The Director” substitute “ SOCA ”.
7 In subsection (5) for “the Director” substitute “ SOCA ”.
8 In subsection (6) for “the Director” substitute “ SOCA ”.
I15999
1 Section 324 (exercise of Revenue functions) is amended as follows.
2 In subsection (1) for “the Director” substitute “ SOCA ”.
3 In subsection (2) for “Paragraph (b) of section 1(6)” substitute “ Section 2B(2) ”.
4 In subsection (3) for “The Director” substitute “ SOCA ”.
5 In subsection (4) for “The Director” substitute “ SOCA ”.
6 In subsection (5)—
a for “The Director” substitute “ SOCA ”; and
b for “they” substitute “ the Board ”.
I160100
1 Section 325 (declarations) is amended as follows.
2 Omit subsection (1).
3 For subsection (2) substitute—
I161101
1 Schedule 8 (forms of declarations) is amended as follows.
2 Omit the words from “The Director”, where it first appears, to “by law.””, where it first appears.
3 For “The Staff Of The Agency” substitute “ SOCA's Staff ”.
4 For “authorised by the Director of the Assets Recovery Agency” substitute “ assigned by SOCA ”.
5 For “to the Director” substitute “ to SOCA ”.
6 For “his” substitute “ its ”.
I162102The Secretary of State may by order—
a repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and
b make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.

Part 4 Transfer of investigation functions

I163103The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
I164104In section 351(5) (supplementary)—
a after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and
b after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.
I165105
1 Section 352 (search and seizure warrants) is amended as follows.
2 In subsection (5)(b) for “named member of the staff of the Agency” substitute “ member of SOCA's staff or of the staff of the relevant Director ”.
3 After subsection (5) insert—
I166106In section 353(10)(b) (requirements where production order not available) for “the staff of the Agency” substitute “ SOCA's staff or of the staff of the relevant Director ”.
I167107
1 Section 356 (further provisions: civil recovery) is amended as follows.
2 Omit subsection (6).
F1033 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I168108
1 Section 357 (disclosure orders) is amended as follows.
2 In subsection (1) for “the Director” substitute “ the relevant authority ”.
3 After subsection (2) insert—
4 In subsection (3)(a) for “the Director” substitute “ an appropriate officer ”.
5 In subsection (4)—
a for “the Director”, where it first appears, substitute “ an appropriate officer ”; and
b for “the Director”, where it appears for the second time, substitute “ the appropriate officer ”.
6 In subsection (5) for “the Director” substitute “ the appropriate officer concerned ”.
7 After subsection (6) insert—
I169109
1 Section 361 (further provisions) is amended as follows.
2 In subsection (7) for “The Director” substitute “ An appropriate officer ”.
3 In subsection (9) for “the Director” substitute “ an appropriate officer ”.
I170110
1 Section 362 (supplementary) is amended as follows.
2 In subsection (3)(a) for “Director” substitute “ person who applied for the order ”.
3 After subsection (4) insert—
4 In subsection (5) for “(4)” substitute “ (4B) ”.
I171111
1 Section 369 (supplementary) is amended as follows.
2 In subsection (5)—
a after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and
b after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.
3 In subsection (7) after “investigator,” insert “ a member of SOCA's staff, ”.
I172112In section 375(4) (supplementary)—
a after “investigator,”, where it first appears, insert “ a member of SOCA's staff, ”; and
b after “investigator,”, where it appears for the second time, insert “ member of SOCA's staff, ”.
I173113Omit section 376 (evidence overseas).
I174114
1 Section 377 (code of practice) is amended as follows.
2 In the heading after “practice” insert “ of Secretary of State etc. ”.
3 In subsection (1)—
a in paragraph (a) for “the Director” substitute “ the Director General of SOCA ”; and
b in paragraph (b) for “members of the staff of the Agency” substitute “ other members of SOCA's staff ”.
4 In subsection (9)—
a after “officer” insert “ or the relevant authority ”; and
b for “he” substitute “ either ”.
I45I175115After section 377 (code of practice of Secretary of State etc.) insert—
I176116
1 Section 378 (officers) is amended as follows.
2 In subsection (1)(a) for “the Director” substitute “ a member of SOCA's staff ”.
3 In subsection (2)(a) for “the Director” substitute “ a senior member of SOCA's staff ”.
4 In subsection (3) for the words from “the Director”, where it first appears, to the end of the subsection substitute
5 In subsection (5) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
6 Omit subsection (7).
7 After subsection (7) insert—
I177117In section 416(2) (other interpretative provisions)—
a after the entry for production order insert—
; and
b at the end insert— “ senior member of SOCA's staff: section 378(8). ”
I178118After section 449 (pseudonyms) insert—
I179119
1 Section 459 (orders and regulations) is amended as follows.
2 In subsection (3) after “instrument” insert “ (other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12))) ”.
3 In subsection (4)(a) after “377(4)” insert “ , 377A(5) ”.
4 After subsection (6)(a) insert—
.
5 After subsection (7) insert—

Part 5 Transfer of accreditation and training functions

I180120
1 Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows.
2 In subsection (1)—
a for “Director” substitute “ National Policing Improvement Agency ”; and
b for “establish” substitute “ provide ”.
3 Omit subsection (6).
4 In subsection (7) for “Director” substitute “ National Policing Improvement Agency ”.
5 Omit subsection (8).

Part 6 Other amendments to 2002 Act

I181121The Proceeds of Crime Act 2002 is amended as follows.
I182122In the heading for Part 1 for “Assets Recovery Agency” substitute “ Introductory ”.
I183123Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director's general functions).
I184124After section 2 insert—
I185125Omit sections 4 and 5 (co-operation and advice and assistance for Secretary of State).
I186126In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
I187127In section 331(4) (failure to disclose: nominated officers in the regulated sector) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
I188128In section 332(4) (failure to disclose: other nominated officers) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
I189129In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
I190130In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime Agency” substitute “ SOCA ”.
I191131For section 435 (use of information by Director) substitute—
I192132
1 Section 436 (disclosure of information to Director) is amended as follows.
2 In the heading for “Director” substitute “ certain Directors ”.
3 In subsection (1)—
a for “this section” substitute “ subsection (10) ”; and
b after “functions” insert “ under, or in relation to, Part 5 or 8 ”.
4 In subsection (5), omit paragraph (b) and (ga).
5 After subsection (9) insert—
I193133
1 Section 437 (further disclosure) is amended as follows.
2 In subsection (2)(a) after “functions” insert “ under, or in relation to, Part 5 or 8 ”.
3 After subsection (6) insert—
I194134
1 Section 438 (disclosure of information by Director) is amended as follows.
2 In the heading for “Director” substitute “ certain Directors ”.
3 In subsection (1)—
a after “functions”, where it first appears, insert “ under, or in relation to, Part 5 or 8 ”;
b in paragraph (c) after “functions” insert “ under, or in relation to, Part 5 or 8 ”; and
c after paragraph (f) insert—
.
4 Omit subsections (2) to (4).
5 After subsection (8) insert—
6 After subsection (9) insert—
I195135In section 439(5) (disclosure of information to Lord Advocate and to Scottish Ministers)—
a in paragraph (b) for “the Director General of the Serious Organised Crime Agency” substitute “ SOCA but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act ”; and
F58b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I196136In section 441(2) (disclosure of information by Lord Advocate and by Scottish Ministers) for paragraph (f) substitute—
.
I197137
1 Section 443 (enforcement in different parts of the United Kingdom) is amended as follows.
2 In subsection (3)(a) for “and the Director” substitute “ , SOCA and the relevant Director ”.
3 After subsection (4) insert—
I198138In section 444(4)(d) (external requests and orders) for “the Director” substitute “ SOCA ”.
I199139In section 445(2)(b) (external investigations) for the words from “the Director”, where it first appears, to “Agency” substitute “ SOCA, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of Revenue and Customs Prosecutions ”.
I200140
1 Section 449 (agency staff: pseudonyms) is amended as follows.
2 In the heading for “Agency” substitute “ SOCA's ”.
3 In subsection (1)—
a for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”; and
b for “authorised (generally or specifically) by the Director” substitute “ assigned by SOCA ”.
4 In subsection (2)—
a for “The Director” substitute “ An authorised person ”; and
b for “the staff of the Agency” substitute “ SOCA's staff ”.
5 In subsection (3)—
a for “the Director” substitute “ an authorised person ”; and
b for “the staff of the Agency”, in both places where it appears, substitute “ SOCA's staff ”.
6 In subsection (4) for “the staff of the Agency” substitute “ SOCA's staff ”.
7 Omit subsection (5).
8 After subsection (5) insert—
I201141After section 460(2) (finance) insert—
I202142Omit Schedule 1 (the Assets Recovery Agency).

Part 7 Amendments to other enactments

Parliamentary Commissioner Act 1967 (c. 13)

I203143
1 Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.
2 Omit the entry for “The Director of the Assets Recovery Agency.”.
3 After the entry for “Sentencing Guidelines Council” insert “ The Serious Organised Crime Agency. ”.
4 Omit the paragraph in the Notes headed “Assets Recovery Agency”.
5 After the paragraph in the Notes headed “Ministry of Justice” insert—

Criminal Appeal Act 1968 (c. 19)

I204144In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) omit subsection (1A).
I205145In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) of this Act,”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

I206146
1 Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) is amended as follows.
2 Omit subsection (1A).
3 In subsection (3) omit “, subject to subsection (1A) above,”.

Limitation Act 1980 (c. 58)

I207147
1 Section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.
2 In subsection (2) for “Director's” substitute “ relevant person's ”.
3 In subsection (4) for “Director's” substitute “ relevant person's ”.
4 After subsection (7) insert—

Prosecution of Offences Act 1985 (c. 23)

I209149In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), after paragraph (fe), insert—
.

Bankruptcy (Scotland) Act 1985 (c. 66)

F96150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c. 45)

F97151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1987 (c. 38)

I210152After section 1(6) of the Criminal Justice Act 1987 (functions of the Director of the Serious Fraud Office) insert—

Limitation (Northern Ireland) Order 1989 (SI 1989/1339 (N.I.11))

I211153
1 Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows.
2 In paragraph (2) for “Director's” substitute “ relevant person's ”.
3 In paragraph (4) for “Director's” substitute “ relevant person's ”.
4 After paragraph (7) insert—

Insolvency (Northern Ireland) Order 1989 (SI 1989/2405 (N.I.19))

F98154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1996 (c. 16)

I212155
1 Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.
2 In subsection (1) omit paragraph (ce).
3 In subsection (6)(a) omit “(ce),”.
4 In subsection (8) omit “(ce),”.

Police (Northern Ireland) Act 1998 (c. 32)

I213156
1 Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows.
2 In subsection (1) omit paragraph (ca).
3 In subsection (5)(b) omit “(ca),”.
4 In subsection (7) omit “(ca),”.
I214157After section 60ZA(6) of that Act (SOCA) insert—

Northern Ireland Act 1998 (c. 47)

I215158
1 In section 75(4A) of the Northern Ireland Act 1998 (statutory duty on public authorities) after “offences” insert “ or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations) ”.
2 After section 76(10) of that Act (discrimination by public authorities) insert—

Access to Justice Act 1999 (c. 22)

F42159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Reform Act 2002 (c. 30)

I216160After section 10(8) of the Police Reform Act 2002 (general functions of the Independent Police Complaints Commission) insert—
I217161After section 26A(4) of that Act (SOCA) insert—
I218162After section 26B(4) of that Act (National Policing Improvement Agency) insert—

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))

I219163
1 Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (representation in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal Services Commission) is amended as follows.
2 In sub-paragraph (1)(a) omit “or 204(3)”.
3 In sub-paragraph (1)(c) for “to 201” substitute “ to 199 ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

I220164In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—
a omit “or” at the end of sub-paragraph (i); and
b after sub-paragraph (ii) insert
F59165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I221166In section 37(1) of that Act (prosecutors) after “section 35” insert “ (excluding any function mentioned in subsection (4A) of that section) ”.
I222167
1 Section 40 of that Act (confidentiality) is amended as follows.
2 In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—
.
3 After subsection (10) insert—
F60168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Serious Organised Crime and Police Act 2005 (c. 15)

I46I223169After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—
I224170
1 Section 5 of that Act (SOCA's general powers) is amended as follows.
2 In subsection (2)(d) after “or 3” insert “ or mentioned in section 2A, ”.
3 In subsection (3) after “3” insert “ or mentioned in section 2A ”.
4 In subsection (4) after “section” insert “ 2A or ”.
I225171After section 19(4) of that Act (charges by SOCA and other receipts) insert—
I226172
1 Section 33 (disclosure of information by SOCA) of that Act is amended as follows.
2 In subsection (2) after paragraph (c) insert—
.
3 After subsection (2) insert—
I227173After section 35(1) of that Act (restrictions on further disclosure) insert—
I228174In paragraph 8 of Schedule 1 to that Act (SOCA's staff) after sub-paragraph (1), insert—
I229175In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.

Gambling Act 2005 (c. 19)

I230176In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)—
a omit the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service; and
b after the entry for the Serious Fraud Office insert— “ The Serious Organised Crime Agency ”.

Police and Justice Act 2006 (c. 48)

I231177
1 Schedule 1 to the Police and Justice Act 2006 (National Policing Improvement Agency) is amended as follows.
2 In paragraph 1 (the objects of the Agency)—
a after paragraph (e), insert—
; and
b in paragraph (f) for “(e)” substitute “ (ea) ”.
3 After paragraph 4(5) (consultation: Scotland or Northern Ireland) insert—
4 After paragraph 6(4) (strategic priorities) insert—
5 In paragraph 35 (payments by Agency to police authorities) after “objects” insert “ (other than the object mentioned in paragraph 1(ea): accreditation and training of financial investigators) ”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

I232178In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc.) omit “Assets Recovery Agency”.

SCHEDULE 9 

Transfers to SOCA or NPIA

Section 74(3)

Interpretation

I481In this Schedule—
  • “the Agency” means the Assets Recovery Agency;
  • “the Director” means the Director of the Assets Recovery Agency;
  • “NPIA” means the National Policing Improvement Agency; and
  • “transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Director and staff of Agency

I492
1 A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.
2 If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.
3 If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.
I503
1 A transfer scheme may provide—
a for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and
b for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.
2 The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.
I514
1 A transfer scheme may provide—
a for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA by virtue of the scheme;
b for anything done before that transfer by, or in relation to, the employer in respect of such a contract or the employee to be treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.
2 Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA—
a did not have a contract of employment; or
b held an appointment by virtue of a secondment.
3 A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).
I525
1 A transfer scheme may provide for a person who—
a is the Director or a member of staff of the Agency; and
b would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;
not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him.
2 A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.
I536
1 A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.
2 The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.

Property, rights and liabilities etc.

I547
1 A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency.
2 The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme.
3 The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be—
a treated as done by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA;
b continued by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA.
4 This sub-paragraph applies to—
a the Director;
b members of staff of the Agency.
5 The scheme may, in particular, make provision about the continuation of legal proceedings.
I558A transfer scheme may provide for SOCA or NPIA to make any payment which—
a before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but
b is not a liability which can be transferred by virtue of paragraph 7.

Supplementary

I569
1 A transfer scheme may contain—
a further provision in connection with any of the matters to which paragraphs 2 to 8 relate;
b the provision mentioned in sub-paragraph (3).
2 The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person's appointment or employment by or by virtue of the scheme.
3 The provision mentioned in this sub-paragraph is provision—
a for the Secretary of State, or any other person nominated by or in accordance with the scheme, to determine any matter requiring determination under or in consequence of the scheme; and
b as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).
I5710Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.
I5811A transfer scheme is not an order of the Secretary of State for the purposes of section 89.

SCHEDULE 10 

Detained cash investigations: further provision

Section 77

Amendments to the Proceeds of Crime Act 2002

I335I5341The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.
I3362In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “ , a detained cash investigation ”.
F1043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1045. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3377
1 Section 352 (search and seizure warrants) is amended as follows.
2 In subsection (3)(c) after “(7)” insert “ , (7A), (7B) ”.
3 After subsection (5)(b) insert—
I3388
1 Section 353 (requirements where production order not available) is amended as follows.
2 In subsection (5)(a) after “(7)” insert “ , (7A), (7B) ”.
3 After subsection (10)(b) insert—
F1059. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I33910In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “ detained cash investigation or a ”.
I34011In section 363 (customer information orders) after subsection (1) insert—
I34112In section 370 (account monitoring orders) after subsection (1) insert—
I34213In section 378 (officers) after subsection (3) insert—
I53514In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I53615In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I53716In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I53817In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I53918In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “ , (7A), (7B) ”.
I54019
1 Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows.
2 In the heading after “civil recovery” insert “ , detained cash ”.
3 In subsection (1) after “civil recovery investigations” insert “ , detained cash investigations ”.
4 In subsection (5) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
5 In subsection (6) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
6 In subsection (7) after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I54120In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “ detained cash investigation or a ”.
I54221In section 397 (customer information orders: Scotland) after subsection (1) insert—
I54322In section 404 (account monitoring orders: Scotland) after subsection (1) insert—
I54423
1 Section 412 (interpretation: Scotland) is amended as follows.
2 In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
3 In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
I34324
1 Section 416 (other interpretative provisions) is amended as follows.
2 In subsection (1) after “confiscation investigation: section 341(1)” insert— “ detained cash investigation: section 341(3A) ”.
3 After subsection (7) insert—
I344I54525In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “ or a detained cash investigation ”.

F104F106Other amendments

F104F10626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104F10627. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104F10628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11 

Powers to recover cash: financial investigators

Section 79

Amendments to Chapter 3 of Part 5 of 2002 Act

I3461Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings) is amended in accordance with paragraphs 2 to 13.
I3472
1 Section 289 (powers to search for cash) is amended as follows.
2 In subsection (1)—
a for “or constable who” substitute “ , a constable or an accredited financial investigator ”; and
b after “premises”, where it first appears, insert “ and ”.
3 In subsection (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.
4 In subsections (3) and (4) for “or constable” substitute “ , constable or accredited financial investigator ”.
5 In subsection (5), after paragraph (b), insert—
I3483
1 Section 290 (prior approval by senior officer) is amended as follows.
2 In subsection (4), after paragraph (b), insert—
3 In subsection (6) for “or constable” substitute “ , constable or accredited financial investigator ”.
I3494In section 291(2) (report on exercise of powers) for “or constable” substitute “ , constable or accredited financial investigator ”.
I3505
1 Section 292 (code of practice) is amended as follows.
2 In subsection (1) after “constables” insert “ and accredited financial investigators ”.
3 In subsection (6) for “or constable” substitute “ , a constable or an accredited financial investigator ”.
I3516
1 Section 294 (seizure of cash) is amended as follows.
2 In subsections (1) and (2) for “or constable” substitute “ , a constable or an accredited financial investigator ”.
3 After subsection (3) insert—
I3527
1 Section 295 (detention of seized cash) is amended as follows.
2 In subsection (1) for “or constable” substitute “ , constable or accredited financial investigator ”.
3 In subsection (4)(a) for “or a constable” substitute “ , a constable or an accredited financial investigator ”.
I3538In section 296(2) (release of part of cash seized) for “or constable” substitute “ , constable or accredited financial investigator ”.
I3549In section 297(4) (release of detained cash) after “constable” insert “ or accredited financial investigator ”.
I35510In section 298(1)(a) (power to apply for forfeiture) before “or” insert “ , an accredited financial investigator ”.
I35611After section 302(7) insert—
I35712
1 Section 302A (powers for prosecutors to appear in proceedings) (as inserted by section 84(1) above) is amended as follows.
2 In subsection (1)—
a after “constable”, in the first place where it appears, insert “ or an accredited financial investigator ”; and
b after “constable”, in the second place where it appears, insert “ or (as the case may be) an accredited financial investigator ”.
3 After subsection (3) insert—
I35813After section 303 insert—

Other amendments to 2002 Act

I35914In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of information by the Director of the Assets Recovery Agency) before “or” insert “ , an accredited financial investigator ”.
I36015
1 Section 459 of that Act (orders and regulations) is amended as follows.
2 In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert “ 302(7B), ”.
3 In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),” insert “ 302(7B), ”.
4 After subsection (6) insert—

Amendments to other enactments

I36116In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.
I36217In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after “Customs” insert “ , an accredited financial investigator ”.

SCHEDULE 12 

Revenue and Customs: regulation of investigatory powers

Section 88

Police Act 1997 (c. 50)

I41In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)—
a in subsection (1B) for “customs officer” substitute “ an officer of Revenue and Customs ”;
b in subsection (3)(d) for “a customs officer” substitute “ an officer of Revenue and Customs ”; and
c for subsection (5)(h) substitute—
.
I52In section 94(2)(f) of that Act (urgency) for “by a customs officer designated by the Commissioners of Customs and Excise” substitute “ by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs ”.
F1903. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I64In section 108(1) of that Act (interpretation) omit the definition of “customs officer”.

Regulation of Investigatory Powers Act 2000 (c. 23)

I75The Regulation of Investigatory Powers Act 2000 is amended as follows.
F1916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2047. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2048. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I89In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “ officers of Revenue and Customs). ”
I910For section 32(6)(m) (authorisation of intrusive surveillance) substitute—
.
I1011In section 33 (surveillance: authorisation)—
a for subsection (2) substitute—
;
b for subsection (4) substitute—
; and
c in subsection (5)(a) for “a customs officer” substitute “ an officer of Revenue and Customs ”;
(and in the italic cross-heading before section 33 for “customs” substitute “ Revenue and Customs ”).
I1112In section 34 (grant of authorisation in senior officer's absence)—
a in subsection (1) for “a customs officer;” substitute “ an officer of Revenue and Customs; ”;
b in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “ the Commissioners for Her Majesty's Revenue and Customs, ”; and
c in subsection (4)(l)—
i for “the Commissioners of Customs and Excise,” substitute “ “ the Commissioners for Her Majesty's Revenue and Customs, ”and
ii after “if he is” insert “ a senior official ”.
I1213In section 35 (intrusive surveillance authorisation: notification)—
a in subsection (1) for “customs” substitute “ Revenue and Customs ”;
b in subsection (10) for “customs” substitute “ Revenue and Customs ”; and
c in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “ the Commissioners for Her Majesty's Revenue and Customs; ”.
I1314In section 36 (approval required for authorisation of intrusive surveillance to take effect)—
a for subsection (1)(d) substitute—
; and
b for subsection (6)(g) substitute—
.
I1415For section 37(1)(d) (quashing authorisations) substitute—
(and in the heading to that section for “customs” substitute “ Revenue and Customs ”).
I1516For section 40(d) (information) substitute—
.
I1617In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—
.
I1718In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “ officers of Revenue and Customs). ”
I1819In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.
I1920In section 51 (cases where key required)—
a for “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”; and
b for “the Commissioners of Customs and Excise” (in each place) substitute “ the Commissioners for Her Majesty's Revenue and Customs ”.
I2021In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “ Her Majesty's Revenue and Customs ”.
I2122For section 55(1)(c) (general duty in relation to encrypted data) substitute—
.
I2223In section 56(1) (interpretation) omit the definition of “the customs and excise”.
I2324For section 65(6)(f) (the Tribunal) substitute—
.
I2425In section 71(2)(c) (codes of practice) for “customs and excise” substitute “ Her Majesty's Revenue and Customs ”.
I2526In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—
I2627In section 81(1) (interpretation) omit the definition of “customs officer”.
F244I2728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2829
1 In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise” (in each place) substitute “ Her Majesty's Revenue and Customs ”.
2 In paragraph 6(4) of that Schedule—
a for “A person commissioned by the Commissioners of Customs and Excise” substitute “ An officer of Revenue and Customs ”;
b for “those Commissioners themselves” substitute “ the Commissioners for Her Majesty's Revenue and Customs ”;
c for “their department” substitute “ Revenue and Customs ”; and
d for “they” substitute “ the Commissioners ”.

Commissioners for Revenue and Customs Act 2005 (c. 11)

I2930The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect—
a paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and
b paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).
I3031Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty's Revenue and Customs may exercise a power under an enactment amended by this Schedule.

SCHEDULE 13 

Transitional and transitory provisions and savings

Section 91(1)

Serious crime prevention orders

I3211In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a person has been involved in serious crime, the court may take account of conduct before the coming into force of that provision as well as conduct after the coming into force of that provision.
I3222
1 Section 19, 20 or 21 does not apply to a person who is being dealt with on or after the coming into force of the section in relation to an offence of which the person was convicted before the coming into force of the section.
2 Sub-paragraph (1) does not prevent an application to the High Court for a serious crime prevention order in connection with the offence concerned.
I3233In the application of section 23(2) or 24(5) before the commencement of paragraph 1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) (citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54) is to be read as a reference to the Supreme Court Act 1981 (c. 54).
I3244In the application of section 25(2)(a)—
a in England and Wales, in relation to an offence committed before 2 May 2022; and
b in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);
the reference to 12 months is to be read as a reference to 6 months.

Encouraging or assisting crime

I5265
1 Nothing in any provision of Part 2 affects the operation of—
a any rule of the common law; or
b any provision made by or under an Act or Northern Ireland legislation;
in relation to offences committed wholly or partly before the commencement of the provision in Part 2 concerned.
2 For the purposes of sub-paragraph (1), an offence is partly committed before commencement if—
a a relevant event occurs before commencement; and
b another relevant event occurs on or after commencement.
3 In this paragraph “relevant event”, in relation to an offence, means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.
I5276
1 This paragraph applies where, in any proceedings—
a a person (“D”) is charged in respect of the same act both with an offence under section 44 and with the common law offence of inciting the commission of another offence;
b the only thing preventing D from being found guilty of the offence under section 44 is the fact that it has not been proved beyond reasonable doubt that the time when the act took place was after the coming into force of that section; and
c the only thing preventing D from being found guilty of the common law offence is that it has not been proved beyond reasonable doubt that that time was before the coming into force of section 59.
2 For the purpose of determining D's guilt it shall be conclusively presumed that the time when the act took place was before the coming into force of section 44.
7In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 53(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.

Data-sharing

I5288In the application of section 70(1)(a)—
a in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and
b in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);
the reference to 12 months is to be read as a reference to 6 months.

Data matching

I3319In relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way), the reference to 12 months in each of the following provisions is to be read as a reference to 6 months—
F68a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as inserted by paragraph 4 of that Schedule).

I32I235I530SCHEDULE 14 

Repeals and revocations

Section 92

TitleExtent of repeal or revocation
Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2—
  1. the entry for “The Director of the Assets Recovery Agency.”;
  2. the paragraph in the Notes headed “Assets Recovery Agency”.

Criminal Appeal Act 1968 (c. 19)

Section 33(1A).

In section 51(1A), the words “, subject to section 33(1A) of this Act,”.

Criminal Law Act 1977 (c. 45)Section 5(7).
Magistrates' Courts Act 1980 (c. 43)

Section 32(1)(b).

Section 45.

In Schedule 1, paragraph 35.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

In section 31—
  1. subsection (1A);
  2. in subsection (3), the words “, subject to subsection (1A) above,”.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))In paragraph 2A(1)(a) of Part 1 of Schedule 1, the words “or 204(3)”.
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))Article 60(1).
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))Article 13(8).
Bankruptcy (Scotland) Act 1985 (c. 66)In section 31A(1)(b), the word “52,”.
Insolvency Act 1986 (c. 45)In section 306A(1)(b), the word “52,”.
Public Order Act 1986 (c. 64)

In section 12(10), the words from “notwithstanding” to the end.

In section 13(13), the words from “notwithstanding” to the end.

In section 14(10), the words from “notwithstanding” to the end.

In section 14B(7), the words from “notwithstanding” to the end.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19))In Article 279A(1)(b), the word “52,”.
Computer Misuse Act 1990 (c. 18)

Section 6(3).

Section 7(4).

In section 8(3), the words “or by virtue of section 7(4) above”.

Section 9(2)(d).

In section 16(4), the words from “and any reference” to the end.

Police Act 1996 (c. 16)

In section 97—
  1. subsection (1)(ce);
  2. in subsections (6)(a) and (8), the word “(ce),”.

Police Act 1997 (c. 50)In section 108(1), the definition of “customs officer”.
Police (Northern Ireland) Act 1998 (c. 32)

In section 27—
  1. subsection (1)(ca);
  2. in subsection (5)(b), the word “(ca),”;
  3. in subsection (7), the word “(ca),”.

Access to Justice Act 1999 (c. 22)In paragraph 3(1)(b) of Schedule 2, the words “or 56(3)”.
Regulation of Investigatory Powers Act 2000 (c. 23)

In section 56(1), the definition of “the customs and excise”.

In section 81(1), the definition of “customs officer”.

International Criminal Court Act 2001 (c. 17)

Section 55(3).

Section 62(3).

Proceeds of Crime Act 2002 (c. 29)

Sections 1 and 2.

Section 3(6) and (8).

Sections 4 and 5.

In section 6(3)(a), the words “or the Director”.

In section 11(7), paragraph (b) and the word “or” before it.

In section 14(7)(b), the words “or the Director (as the case may be)”.

In section 16—
  1. in subsection (1), the words “or the Director (as the case may be)”;
  2. in subsection (3), the words “or the Director (as the case may be)” and “or the Director”;
  3. in subsection (4), the words “or Director”;
  4. in subsection (5), the words “or the Director (as the case may be)” and “or the Director”;
  5. in subsection (6), the words “or the Director”.

In section 17(1), the words “or the Director”.

In section 18(6), the words “or the Director (as the case may be)”.

In section 19(1)(c), the words “or the Director”.

In section 20—
  1. subsection (3);
  2. in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”.

In section 21(1)(b), (c) and (d), the words “or the Director”.

In section 22(2), paragraph (b) and, in paragraph (c), the words “or 52”.

In section 23(1)(b), the words “or 52”.

In section 26—
  1. in subsection (1)(b), the words “or the Director”;
  2. in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”.

In section 27—
  1. in subsection (3)(a), the words “or the Director”;
  2. in subsection (5)(b), the words “or the Director (as the case may be)”;
  3. in subsection (7), the words “or the Director”.

In section 28—
  1. in subsection (3)(a), the words “or the Director”;
  2. in subsection (5)(b), the words “or the Director (as the case may be)”.

In section 31—
  1. in the heading, the words “or Director”;
  2. in subsections (1) and (2), the words “or the Director”.

In section 33(2)—
  1. in paragraph (a), the words “(if the prosecutor appealed under section 31)”;
  2. paragraph (b).

Section 34.

In section 35(1), paragraph (b) and the word “and” before it.

Sections 36 and 37.

Section 39(6).

In section 40—
  1. in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”;
  2. in subsection (8)(b), the words “or the Director (as the case may be)”.

Section 42(2)(b).

Sections 52 and 53.

Sections 56 and 57.

Section 60.

In section 63(1)(b), the words from “or”, where it first appears, to “Director”.

In section 64—
  1. in subsection (1)(b), the words from “or” to “section 52”;
  2. subsection (3).

In section 65—
  1. in subsections (1) and (2), the words “or section 53”;
  2. in subsection (5)(a), the words from “or”, where it first appears, to “Director”.

Section 67(4)(c).

In section 74(1)—
  1. in paragraph (b), the words “or the Director”;
  2. in paragraph (c), the words “or the Director (as the case may be)”.

In section 156(3)(a), the words “or the Director”.

In section 161(7), paragraph (b) and the word “or” before it.

In section 164(7)(b), the words “or the Director (as the case may be)”.

In section 166—
  1. in subsection (1), the words “or the Director (as the case may be)”;
  2. in subsection (3), the words “or the Director (as the case may be)” and “or the Director”;
  3. in subsection (4), the words “or Director”;
  4. in subsection (5), the words “or the Director (as the case may be)” and “or the Director”;
  5. in subsection (6), the words “or the Director”.

In section 167(1), the words “or the Director”.

In section 168(6), the words “or the Director (as the case may be)”.

In section 169(1)(c), the words “or the Director”.

In section 170—
  1. subsection (3);
  2. in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”.

In section 171(1)(b), (c) and (d), the words “or the Director”.

In section 172(2), paragraph (b) and, in paragraph (c), the words “or 200”.

In section 173(1)(b), the words “or 200”.

In section 176—
  1. in subsection (1)(b), the words “or the Director”;
  2. in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”.

In section 177—
  1. in subsection (3)(a), the words “or the Director”;
  2. in subsection (5)(b), the words “or the Director (as the case may be)”;
  3. in subsection (7), the words “or the Director”.

In section 178—
  1. in subsection (3)(a), the words “or the Director”;
  2. in subsection (5)(b), the words “or the Director (as the case may be)”.

In section 181—
  1. in the heading, the words “or Director”;
  2. in subsections (1) and (2), the words “or the Director”.

In section 183(2)—
  1. in paragraph (a), the words “(if the prosecutor appealed under section 181)”;paragraph (b).

Section 184.

Section 186.

Section 188(6).

In section 189—
  1. in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”;
  2. in subsection (8)(b), the words “or the Director (as the case may be)”.

Section 191(2)(b).

Sections 200 and 201.

Sections 204 and 205.

Section 208.

In section 210(2)(b) and (3), the words “or 200”.

In section 211(1)(b), the words from “or”, where it first appears, to “Director”.

In section 212—
  1. in subsection (1)(b), the words from “or” to “section 200”;
  2. subsection (3).

In section 213—
  1. in subsections (1) and (2), the words “or section 201”;
  2. in subsection (5)(a), the words from “or”, where it first appears, to “Director”.

Section 215(4)(d).

In section 222(1)—
  1. in paragraph (b), the words “or the Director”;
  2. in paragraph (c), the words “or the Director (as the case may be)”.

Section 313.

Section 325(1).

Section 356(6).

Section 376.

Section 378(7).

In section 417(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

In section 419(2)(b), the word “52,”.

In section 420(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

In section 422(2)(b), the word “52,”.

In section 423(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

In section 425(2)(b), the word “52,”.

In section 426(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

In section 427(3)(b), the word “52,”.

In section 428(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

In section 429(3)(b), the word “52,”.

In section 430(2)—
  1. in paragraph (b), the words “or 52”;
  2. in paragraph (d), the words “or 200”.

Section 436(5)(b) and (ga).

Section 438(2) to (4).

Section 449(5).

Schedule 1.

In Schedule 8, the words from “The Director”, where it first appears, to “by law.””, where it first appears.

In Schedule 11, paragraphs 2, 4(2), 9(3), 30(1) and (2) and 34(1) and (2).

Crime (International Co-operation) Act 2003 (c. 32)In Schedule 5, paragraphs 82 and 83.
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10))In paragraph 3(1)(a) of Schedule 2, the words “or 204(3)”.
Commissioners for Revenue and Customs Act 2005 (c. 11)

In section 21(1)(b), the word “or” at the end of sub-paragraph (i).

Paragraphs 1 and 11 of Schedule 2.

Paragraph 98 of Schedule 4.

Serious Organised Crime and Police Act 2005 (c. 15)

Section 99(4).

In Schedule 4—
  1. in paragraph 82(2), paragraph (b) and the word “and” at the end of paragraph (b);
  2. paragraphs 169, 176 and 178.

In Schedule 5, in paragraph 21(1) and (2), the words “is or”.

Gambling Act 2005 (c. 19)In Part 2 of Schedule 6, the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service.
Wireless Telegraphy Act 2006 (c. 36)In Schedule 7, paragraph 38.
Police and Justice Act 2006 (c. 48)

Section 35(2).

In section 36, in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18), in subsection (2), paragraph (d) and the word “or” preceding it.

Section 38(1).

In Schedule 14, paragraphs 19(2) and 29(2).

Tribunals, Courts and Enforcement Act 2007 (c. 15)In Schedule 13, paragraph 145.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)In Schedule 1, the words “Assets Recovery Agency”.

Footnotes

  1. I1
    S. 91 partly in force; s. 91(2)(3) in force at Royal Assent see s. 94(1)
  2. I2
    S. 85 in force at 15.2.2008 by S.I. 2008/219, art. 2(a)
  3. I3
    S. 88 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  4. I4
    Sch. 12 para. 1 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  5. I5
    Sch. 12 para. 2 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  6. I6
    Sch. 12 para. 4 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  7. I7
    Sch. 12 para. 5 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  8. I8
    Sch. 12 para. 9 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  9. I9
    Sch. 12 para. 10 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  10. I10
    Sch. 12 para. 11 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  11. I11
    Sch. 12 para. 12 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  12. I12
    Sch. 12 para. 13 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  13. I13
    Sch. 12 para. 14 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  14. I14
    Sch. 12 para. 15 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  15. I15
    Sch. 12 para. 16 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  16. I16
    Sch. 12 para. 17 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  17. I17
    Sch. 12 para. 18 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  18. I18
    Sch. 12 para. 19 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  19. I19
    Sch. 12 para. 20 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  20. I20
    Sch. 12 para. 21 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  21. I21
    Sch. 12 para. 22 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  22. I22
    Sch. 12 para. 23 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  23. I23
    Sch. 12 para. 24 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  24. I24
    Sch. 12 para. 25 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  25. I25
    Sch. 12 para. 26 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  26. I26
    Sch. 12 para. 27 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  27. I27
    Sch. 12 para. 28 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  28. I28
    Sch. 12 para. 29 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  29. I29
    Sch. 12 para. 30 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  30. I30
    Sch. 12 para. 31 in force at 15.2.2008 by S.I. 2008/219, art. 2(b)
  31. I31
    S. 92 in force at 15.2.2008 by S.I. 2008/219, art. 2(c)
  32. I32
    Sch. 14 in force at 15.2.2008 for specified purposes by S.I. 2008/219, art. 2(d)
  33. I33
    S. 24(9)(10) in force at 1.3.2008 by S.I. 2008/219, art. 3(a)
  34. I34
    S. 37 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(b)
  35. I35
    Sch. 2 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)
  36. I36
    Sch. 2 para. 18 in force at 1.3.2008 by S.I. 2008/219, art. 3(c)
  37. I37
    S. 40(1)(2)(4) in force at 1.3.2008 by S.I. 2008/219, art. 3(d)
  38. I38
    S. 68(8) in force at 1.3.2008 by S.I. 2008/219, art. 3(e)
  39. I39
    S. 71(1)(2)(4)(5) in force at 1.3.2008 by S.I. 2008/219, art. 3(f)
  40. I40
    S. 73 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(g)
  41. I41
    Sch. 7 para. 4 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(i)
  42. I42
    Sch. 7 para. 6 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(j)
  43. I43
    S. 74(1) in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(k)
  44. I44
    S. 74(2)(d)(g) in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(l)
  45. I45
    Sch. 8 para. 115 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(m)
  46. I46
    Sch. 8 para. 169 in force at 1.3.2008 for specified purposes by S.I. 2008/219, art. 3(n)
  47. I47
    S. 74(3) in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  48. I48
    Sch. 9 para. 1 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  49. I49
    Sch. 9 para. 2 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  50. I50
    Sch. 9 para. 3 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  51. I51
    Sch. 9 para. 4 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  52. I52
    Sch. 9 para. 5 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  53. I53
    Sch. 9 para. 6 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  54. I54
    Sch. 9 para. 7 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  55. I55
    Sch. 9 para. 8 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  56. I56
    Sch. 9 para. 9 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  57. I57
    Sch. 9 para. 10 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  58. I58
    Sch. 9 para. 11 in force at 1.3.2008 by S.I. 2008/219, art. 3(o)
  59. I59
    S. 74(2)(a)-(c) (e) (f) in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  60. I60
    S. 74(2)(d)(g) in force at 1.4.2008 in so far as not already in force by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  61. I61
    Sch. 8 para. 1 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  62. I62
    Sch. 8 para. 2 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  63. I63
    Sch. 8 para. 3 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  64. I64
    Sch. 8 para. 4 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  65. I65
    Sch. 8 para. 5 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  66. I66
    Sch. 8 para. 6 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  67. I67
    Sch. 8 para. 7 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  68. I68
    Sch. 8 para. 8 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  69. I69
    Sch. 8 para. 9 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  70. I70
    Sch. 8 para. 10 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  71. I71
    Sch. 8 para. 11 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  72. I72
    Sch. 8 para. 12 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  73. I73
    Sch. 8 para. 13 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  74. I74
    Sch. 8 para. 14 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  75. I75
    Sch. 8 para. 15 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  76. I76
    Sch. 8 para. 16 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  77. I77
    Sch. 8 para. 17 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  78. I78
    Sch. 8 para. 18 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  79. I79
    Sch. 8 para. 19 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  80. I80
    Sch. 8 para. 20 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  81. I81
    Sch. 8 para. 21 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  82. I82
    Sch. 8 para. 22 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  83. I83
    Sch. 8 para. 23 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  84. I84
    Sch. 8 para. 24 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  85. I85
    Sch. 8 para. 25 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  86. I86
    Sch. 8 para. 26 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  87. I87
    Sch. 8 para. 27 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  88. I88
    Sch. 8 para. 28 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  89. I89
    Sch. 8 para. 29 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  90. I90
    Sch. 8 para. 30 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  91. I91
    Sch. 8 para. 31 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  92. I92
    Sch. 8 para. 32 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  93. I93
    Sch. 8 para. 33 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  94. I94
    Sch. 8 para. 34 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  95. I95
    Sch. 8 para. 35 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  96. I96
    Sch. 8 para. 36 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  97. I97
    Sch. 8 para. 37 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  98. I98
    Sch. 8 para. 38 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  99. I99
    Sch. 8 para. 39 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  100. I100
    Sch. 8 para. 40 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  101. I101
    Sch. 8 para. 41 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  102. I102
    Sch. 8 para. 42 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  103. I103
    Sch. 8 para. 43 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  104. I104
    Sch. 8 para. 44 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  105. I105
    Sch. 8 para. 45 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  106. I106
    Sch. 8 para. 46 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  107. I107
    Sch. 8 para. 47 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  108. I108
    Sch. 8 para. 48 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  109. I109
    Sch. 8 para. 49 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  110. I110
    Sch. 8 para. 50 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  111. I111
    Sch. 8 para. 51 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  112. I112
    Sch. 8 para. 52 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  113. I113
    Sch. 8 para. 53 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  114. I114
    Sch. 8 para. 54 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  115. I115
    Sch. 8 para. 55 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  116. I116
    Sch. 8 para. 56 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  117. I117
    Sch. 8 para. 57 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  118. I118
    Sch. 8 para. 58 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  119. I119
    Sch. 8 para. 59 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  120. I120
    Sch. 8 para. 60 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  121. I121
    Sch. 8 para. 61 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  122. I122
    Sch. 8 para. 62 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  123. I123
    Sch. 8 para. 63 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  124. I124
    Sch. 8 para. 64 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  125. I125
    Sch. 8 para. 65 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  126. I126
    Sch. 8 para. 66 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  127. I127
    Sch. 8 para. 67 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  128. I128
    Sch. 8 para. 68 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  129. I129
    Sch. 8 para. 69 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  130. I130
    Sch. 8 para. 70 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  131. I131
    Sch. 8 para. 71 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  132. I132
    Sch. 8 para. 72 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  133. I133
    Sch. 8 para. 73 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  134. I134
    Sch. 8 para. 74 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  135. I135
    Sch. 8 para. 75 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  136. I136
    Sch. 8 para. 76 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  137. I137
    Sch. 8 para. 77 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  138. I138
    Sch. 8 para. 78 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  139. I139
    Sch. 8 para. 79 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  140. I140
    Sch. 8 para. 80 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  141. I141
    Sch. 8 para. 81 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  142. I142
    Sch. 8 para. 82 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  143. I143
    Sch. 8 para. 83 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  144. I144
    Sch. 8 para. 84 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  145. I145
    Sch. 8 para. 85 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  146. I146
    Sch. 8 para. 86 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  147. I147
    Sch. 8 para. 87 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  148. I148
    Sch. 8 para. 88 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  149. I149
    Sch. 8 para. 89 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  150. I150
    Sch. 8 para. 90 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  151. I151
    Sch. 8 para. 91 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  152. I152
    Sch. 8 para. 92 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  153. I153
    Sch. 8 para. 93 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  154. I154
    Sch. 8 para. 94 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  155. I155
    Sch. 8 para. 95 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  156. I156
    Sch. 8 para. 96 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  157. I157
    Sch. 8 para. 97 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  158. I158
    Sch. 8 para. 98 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  159. I159
    Sch. 8 para. 99 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  160. I160
    Sch. 8 para. 100 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  161. I161
    Sch. 8 para. 101 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  162. I162
    Sch. 8 para. 102 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  163. I163
    Sch. 8 para. 103 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  164. I164
    Sch. 8 para. 104 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  165. I165
    Sch. 8 para. 105 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  166. I166
    Sch. 8 para. 106 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  167. I167
    Sch. 8 para. 107 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  168. I168
    Sch. 8 para. 108 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  169. I169
    Sch. 8 para. 109 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  170. I170
    Sch. 8 para. 110 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  171. I171
    Sch. 8 para. 111 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  172. I172
    Sch. 8 para. 112 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  173. I173
    Sch. 8 para. 113 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  174. I174
    Sch. 8 para. 114 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  175. I175
    Sch. 8 para. 115 in force at 1.4.2008 in so far as not already in force by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  176. I176
    Sch. 8 para. 116 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  177. I177
    Sch. 8 para. 117 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  178. I178
    Sch. 8 para. 118 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  179. I179
    Sch. 8 para. 119 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  180. I180
    Sch. 8 para. 120 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  181. I181
    Sch. 8 para. 121 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  182. I182
    Sch. 8 para. 122 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  183. I183
    Sch. 8 para. 123 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  184. I184
    Sch. 8 para. 124 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  185. I185
    Sch. 8 para. 125 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  186. I186
    Sch. 8 para. 126 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  187. I187
    Sch. 8 para. 127 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  188. I188
    Sch. 8 para. 128 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  189. I189
    Sch. 8 para. 129 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  190. I190
    Sch. 8 para. 130 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  191. I191
    Sch. 8 para. 131 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  192. I192
    Sch. 8 para. 132 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  193. I193
    Sch. 8 para. 133 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  194. I194
    Sch. 8 para. 134 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  195. I195
    Sch. 8 para. 135 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  196. I196
    Sch. 8 para. 136 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  197. I197
    Sch. 8 para. 137 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  198. I198
    Sch. 8 para. 138 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  199. I199
    Sch. 8 para. 139 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  200. I200
    Sch. 8 para. 140 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  201. I201
    Sch. 8 para. 141 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  202. I202
    Sch. 8 para. 142 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  203. I203
    Sch. 8 para. 143 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  204. I204
    Sch. 8 para. 144 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  205. I205
    Sch. 8 para. 145 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  206. I206
    Sch. 8 para. 146 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  207. I207
    Sch. 8 para. 147 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  208. I208
    Sch. 8 para. 148 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  209. I209
    Sch. 8 para. 149 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  210. I210
    Sch. 8 para. 152 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  211. I211
    Sch. 8 para. 153 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  212. I212
    Sch. 8 para. 155 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  213. I213
    Sch. 8 para. 156 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  214. I214
    Sch. 8 para. 157 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  215. I215
    Sch. 8 para. 158 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  216. I216
    Sch. 8 para. 160 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  217. I217
    Sch. 8 para. 161 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  218. I218
    Sch. 8 para. 162 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  219. I219
    Sch. 8 para. 163 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  220. I220
    Sch. 8 para. 164 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  221. I221
    Sch. 8 para. 166 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  222. I222
    Sch. 8 para. 167 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  223. I223
    Sch. 8 para. 169 in force at 1.4.2008 in so far as not already in force by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  224. I224
    Sch. 8 para. 170 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  225. I225
    Sch. 8 para. 171 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  226. I226
    Sch. 8 para. 172 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  227. I227
    Sch. 8 para. 173 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  228. I228
    Sch. 8 para. 174 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  229. I229
    Sch. 8 para. 175 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  230. I230
    Sch. 8 para. 176 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  231. I231
    Sch. 8 para. 177 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  232. I232
    Sch. 8 para. 178 in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  233. I233
    S. 74(4) in force at 1.4.2008 by S.I. 2008/755, art. 2(1)(b) (with arts. 3-14)
  234. I234
    S. 92 in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(1)(c) (with arts. 3-14)
  235. I235
    Sch. 14 in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)
  236. I236
    S. 77 in force at 1.4.2008 for specified purposes by S.I. 2008/755, art. 2(2) (with arts. 3-14)
  237. I237
    S. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(a)
  238. I238
    S. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  239. I239
    Sch. 1 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  240. I240
    Sch. 1 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  241. I241
    Sch. 1 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  242. I242
    Sch. 1 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  243. I243
    Sch. 1 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  244. I244
    Sch. 1 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  245. I245
    Sch. 1 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  246. I246
    Sch. 1 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  247. I247
    Sch. 1 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  248. I248
    Sch. 1 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  249. I249
    Sch. 1 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  250. I250
    Sch. 1 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  251. I251
    Sch. 1 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(b)
  252. I252
    S. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  253. I253
    Sch. 1 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  254. I254
    Sch. 1 para. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  255. I255
    Sch. 1 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  256. I256
    Sch. 1 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  257. I257
    Sch. 1 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  258. I258
    Sch. 1 para. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  259. I259
    Sch. 1 para. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  260. I260
    Sch. 1 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  261. I261
    Sch. 1 para. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  262. I262
    Sch. 1 para. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  263. I263
    Sch. 1 para. 28 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  264. I264
    Sch. 1 para. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  265. I265
    Sch. 1 para. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  266. I266
    Sch. 1 para. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  267. I267
    Sch. 1 para. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(c)
  268. I268
    S. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  269. I269
    S. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  270. I270
    S. 6 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  271. I271
    S. 8 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  272. I272
    S. 9 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  273. I273
    S. 10 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  274. I274
    S. 11 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  275. I275
    S. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  276. I276
    S. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  277. I277
    S. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  278. I278
    S. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  279. I279
    S. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  280. I280
    S. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  281. I281
    S. 18 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  282. I282
    S. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  283. I283
    S. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  284. I284
    S. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  285. I285
    S. 22 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  286. I286
    S. 23 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)
  287. I287
    S. 24(1)-(8) (11) (12) in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(e) (with art. 15(2)(3))
  288. I288
    S. 25 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  289. I289
    S. 26 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  290. I290
    S. 27 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  291. I291
    S. 28 in force at 6.4.2008 by S.I. 2008/755 , art. 15(1)(f)
  292. I292
    S. 29 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  293. I293
    S. 30 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  294. I294
    S. 31 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  295. I295
    S. 32 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  296. I296
    S. 33 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  297. I297
    S. 34 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  298. I298
    S. 35 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  299. I299
    S. 36 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(f)
  300. I300
    S. 37 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 15(1)(g)
  301. I301
    Sch. 2 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  302. I302
    Sch. 2 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  303. I303
    Sch. 2 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  304. I304
    Sch. 2 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  305. I305
    Sch. 2 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  306. I306
    Sch. 2 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  307. I307
    Sch. 2 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  308. I308
    Sch. 2 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  309. I309
    Sch. 2 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  310. I310
    Sch. 2 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  311. I311
    Sch. 2 para. 19 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  312. I312
    Sch. 2 para. 20 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  313. I313
    Sch. 2 para. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(h)
  314. I314
    S. 38 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(i)
  315. I315
    S. 39 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(i)
  316. I316
    S. 40(3) s. 40(5)-(8) in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(j)
  317. I317
    S. 41 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(k)
  318. I318
    S. 42 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(k)
  319. I319
    S. 43 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(k)
  320. I320
    S. 91(1) in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 15(1)(l)
  321. I321
    Sch. 13 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(m)
  322. I322
    Sch. 13 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(m)
  323. I323
    Sch. 13 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(m)
  324. I324
    Sch. 13 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(m)
  325. I325
    S. 73 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)
  326. I326
    Sch. 7 para. 4 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)
  327. I327
    Sch. 7 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)
  328. I328
    Sch. 7 para. 6 in force at 6.4.2008 in so far as not already in force by S.I. 2008/755, art. 16(a)
  329. I329
    Sch. 7 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 16(a)
  330. I330
    S. 91(1) in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 16(b)
  331. I331
    Sch. 13 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 16(c)
  332. I332
    S. 75(1)-(3) in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(a)
  333. I333
    S. 76(1)-(3) in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(b)
  334. I334
    S. 77 in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 17(1)(c)
  335. I335
    Sch. 10 para. 1 in force at 6.4.2008 for specified purposes by S.I. 2008/755, art. 17(1)(d)(i)
  336. I336
    Sch. 10 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  337. I337
    Sch. 10 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  338. I338
    Sch. 10 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  339. I339
    Sch. 10 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  340. I340
    Sch. 10 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  341. I341
    Sch. 10 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  342. I342
    Sch. 10 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  343. I343
    Sch. 10 para. 24 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(d)(ii)
  344. I344
    Sch. 10 para. 25 in force at 6.4.2008 in so far as it does not extend to S. by S.I. 2008/755, art. 17(1)(d)(iii)
  345. I345
    S. 79 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  346. I346
    Sch. 11 para. 1 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  347. I347
    Sch. 11 para. 2 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  348. I348
    Sch. 11 para. 3 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  349. I349
    Sch. 11 para. 4 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  350. I350
    Sch. 11 para. 5 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  351. I351
    Sch. 11 para. 6 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  352. I352
    Sch. 11 para. 7 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  353. I353
    Sch. 11 para. 8 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  354. I354
    Sch. 11 para. 9 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  355. I355
    Sch. 11 para. 10 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  356. I356
    Sch. 11 para. 11 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  357. I357
    Sch. 11 para. 12 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  358. I358
    Sch. 11 para. 13 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  359. I359
    Sch. 11 para. 14 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  360. I360
    Sch. 11 para. 15 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  361. I361
    Sch. 11 para. 16 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  362. I362
    Sch. 11 para. 17 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(f)
  363. I363
    S. 80 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(g)
  364. I364
    S. 81 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(g)
  365. I365
    S. 82 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(h) (with art. 17(3))
  366. I366
    S. 83 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(h)
  367. I367
    S. 84 in force at 6.4.2008 by S.I. 2008/755, art. 17(1)(h)
  368. I368
    S. 87 in force at 6.4.2008 by S.I. 2008/755, art. 18
  369. I369
    S. 86 in force at 28.4.2008 by S.S.I. 2008/152, art. 2
  370. I370
    S. 62 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  371. C1
    Pt. 2 restricted by 2007 c. 19, s. 18(1A) (as inserted (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 62, 94(1) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a))
  372. I371
    S. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  373. I372
    S. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  374. I373
    S. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  375. I374
    S. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  376. I375
    S. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  377. I376
    S. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  378. I377
    S. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  379. I378
    S. 51 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  380. I379
    S. 52 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  381. I380
    S. 53 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  382. I381
    S. 54 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  383. I382
    S. 55 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  384. I383
    S. 56 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  385. I384
    S. 57 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  386. I385
    S. 58 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  387. I386
    S. 59 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  388. I387
    S. 60 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  389. I388
    S. 61 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  390. I389
    S. 63 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  391. I390
    S. 64 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  392. I391
    S. 65 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  393. I392
    S. 66 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  394. I393
    S. 67 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  395. I394
    Sch. 3 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  396. I395
    Sch. 3 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  397. I396
    Sch. 3 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  398. I397
    Sch. 3 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  399. I398
    Sch. 3 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  400. I399
    Sch. 3 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  401. I400
    Sch. 3 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  402. I401
    Sch. 3 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  403. I402
    Sch. 3 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  404. I403
    Sch. 3 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  405. I404
    Sch. 3 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  406. I405
    Sch. 3 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  407. I406
    Sch. 3 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  408. I407
    Sch. 3 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  409. I408
    Sch. 3 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  410. I409
    Sch. 3 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  411. I410
    Sch. 3 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  412. I411
    Sch. 3 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  413. I412
    Sch. 3 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  414. I413
    Sch. 3 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  415. I414
    Sch. 3 para. 22 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  416. I415
    Sch. 3 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  417. I416
    Sch. 3 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  418. I417
    Sch. 3 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  419. I418
    Sch. 3 para. 26 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  420. I419
    Sch. 3 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  421. I420
    Sch. 3 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  422. I421
    Sch. 3 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  423. I422
    Sch. 3 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  424. I423
    Sch. 3 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  425. I424
    Sch. 3 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  426. I425
    Sch. 3 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  427. I426
    Sch. 3 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  428. I427
    Sch. 3 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  429. I428
    Sch. 3 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  430. I429
    Sch. 3 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  431. I430
    Sch. 3 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  432. I431
    Sch. 3 para. 39 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  433. I432
    Sch. 3 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  434. I433
    Sch. 3 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  435. I434
    Sch. 3 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  436. I435
    Sch. 3 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  437. I436
    Sch. 3 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  438. I437
    Sch. 3 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  439. I438
    Sch. 3 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  440. I439
    Sch. 3 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  441. I440
    Sch. 3 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  442. I441
    Sch. 3 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  443. I442
    Sch. 3 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  444. I443
    Sch. 4 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  445. I444
    Sch. 4 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  446. I445
    Sch. 4 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  447. I446
    Sch. 4 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  448. I447
    Sch. 5 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  449. I448
    Sch. 5 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  450. I449
    Sch. 5 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  451. I450
    Sch. 5 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  452. I451
    Sch. 5 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  453. I452
    Sch. 5 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  454. I453
    Sch. 5 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  455. I454
    Sch. 5 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  456. I455
    Sch. 5 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  457. I456
    Sch. 5 para. 10 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  458. I457
    Sch. 5 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  459. I458
    Sch. 5 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  460. I459
    Sch. 5 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  461. I460
    Sch. 6 para. 1 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  462. I461
    Sch. 6 para. 2 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  463. I462
    Sch. 6 para. 3 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  464. I463
    Sch. 6 para. 4 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  465. I464
    Sch. 6 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  466. I465
    Sch. 6 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  467. I466
    Sch. 6 para. 7 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  468. I467
    Sch. 6 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  469. I468
    Sch. 6 para. 9 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  470. I469
    Sch. 6 para. 11 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  471. I470
    Sch. 6 para. 12 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  472. I471
    Sch. 6 para. 13 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  473. I472
    Sch. 6 para. 14 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  474. I473
    Sch. 6 para. 15 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  475. I474
    Sch. 6 para. 16 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  476. I475
    Sch. 6 para. 17 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  477. I476
    Sch. 6 para. 18 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  478. I477
    Sch. 6 para. 19 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  479. I478
    Sch. 6 para. 20 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  480. I479
    Sch. 6 para. 21 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  481. I480
    Sch. 6 para. 23 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  482. I481
    Sch. 6 para. 24 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  483. I482
    Sch. 6 para. 25 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  484. I483
    Sch. 6 para. 27 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  485. I484
    Sch. 6 para. 28 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  486. I485
    Sch. 6 para. 29 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  487. I486
    Sch. 6 para. 30 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  488. I487
    Sch. 6 para. 31 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  489. I488
    Sch. 6 para. 32 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  490. I489
    Sch. 6 para. 33 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  491. I490
    Sch. 6 para. 34 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  492. I491
    Sch. 6 para. 35 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  493. I492
    Sch. 6 para. 36 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  494. I493
    Sch. 6 para. 37 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  495. I494
    Sch. 6 para. 38 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  496. I495
    Sch. 6 para. 40 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  497. I496
    Sch. 6 para. 41 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  498. I497
    Sch. 6 para. 42 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  499. I498
    Sch. 6 para. 43 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  500. I499
    Sch. 6 para. 44 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  501. I500
    Sch. 6 para. 45 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  502. I501
    Sch. 6 para. 46 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  503. I502
    Sch. 6 para. 47 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  504. I503
    Sch. 6 para. 48 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  505. I504
    Sch. 6 para. 49 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  506. I505
    Sch. 6 para. 50 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  507. I506
    Sch. 6 para. 51 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  508. I507
    Sch. 6 para. 52 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  509. I508
    Sch. 6 para. 53 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  510. I509
    Sch. 6 para. 54 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  511. I510
    Sch. 6 para. 55 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  512. I511
    Sch. 6 para. 56 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  513. I512
    Sch. 6 para. 57 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  514. I513
    Sch. 6 para. 58 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  515. I514
    Sch. 6 para. 59 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  516. I515
    Sch. 6 para. 60 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  517. I516
    Sch. 6 para. 61 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  518. I517
    Sch. 6 para. 62 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  519. I518
    Sch. 6 para. 63 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  520. I519
    Sch. 6 para. 64 in force at 1.10.2008 by S.I. 2008/2504, art. 2(a)
  521. I520
    S. 68(1)-(7) in force at 1.10.2008 by S.I. 2008/2504, art. 2(b)
  522. I521
    S. 69 in force at 1.10.2008 by S.I. 2008/2504, art. 2(c)
  523. I522
    S. 70 in force at 1.10.2008 by S.I. 2008/2504, art. 2(c)
  524. I523
    S. 71(3)(6) in force at 1.10.2008 by S.I. 2008/2504, art. 2(d)
  525. I524
    S. 72 in force at 1.10.2008 by S.I. 2008/2504, art. 2(e)
  526. I525
    S. 91(1) in force at 1.10.2008 for specified purposes by S.I. 2008/2504, art. 2(f)
  527. I526
    Sch. 13 para. 5 in force at 1.10.2008 by S.I. 2008/2504, art. 2(g)
  528. I527
    Sch. 13 para. 6 in force at 1.10.2008 by S.I. 2008/2504, art. 2(g)
  529. I528
    Sch. 13 para. 8 in force at 1.10.2008 by S.I. 2008/2504, art. 2(g)
  530. I529
    S. 92 in force at 1.10.2008 for specified purposes by S.I. 2008/2504, art. 2(h)
  531. I530
    Sch. 14 in force at 1.10.2008 for specified purposes by S.I. 2008/2504, art. 2(i)
  532. I531
    S. 75(4)(5) in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(a)
  533. I532
    S. 76(4)-(6) in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(b)
  534. I533
    S. 77 in force at 18.6.2009 in so far as not already in force by S.S.I. 2009/224, art. 2(1)(c)
  535. I534
    Sch. 10 para. 1 in force at 18.6.2009 in so far as not already in force by S.S.I. 2009/224, art. 2(1)(d)(i)
  536. I535
    Sch. 10 para. 14 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  537. I536
    Sch. 10 para. 15 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  538. I537
    Sch. 10 para. 16 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  539. I538
    Sch. 10 para. 17 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  540. I539
    Sch. 10 para. 18 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  541. I540
    Sch. 10 para. 19 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  542. I541
    Sch. 10 para. 20 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  543. I542
    Sch. 10 para. 21 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  544. I543
    Sch. 10 para. 22 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  545. I544
    Sch. 10 para. 23 in force at 18.6.2009 by S.S.I. 2009/224, art. 2(1)(d)(ii)
  546. I545
    Sch. 10 para. 25 in force at 18.6.2009 for S. by S.S.I. 2009/224, art. 2(1)(d)(iii)
  547. F1
    Words in s. 27(12) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 265(2)(a) (with art. 10)
  548. F2
    Words in s. 27(12) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 265(2)(b) (with art. 10)
  549. F3
    Words in s. 28(11) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941) , art. 1(2) , Sch. 1 para. 265(3) (with art. 10 )
  550. F4
    Words in Sch. 1 para. 13(1) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. para. 27(b)
  551. F5
    S. 51A inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(2) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)
  552. F6
    Sch. para 27A and cross-heading inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(3)(a) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)
  553. F7
    Sch. 3 para. 42A and cross-heading inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 21 para. 61(3)(b) (with s. 180); S.I. 2010/145, art. 2(2), Sch. para. 25(a)
  554. F8
    Sch. 3 para. 24A inserted (25.3.2010) by Cluster Munitions (Prohibitions) Act 2010 (c. 11), s. 34(1), Sch. 3 para. 2 (with s. 32)
  555. F9
    Words in Sch. 1 para. 8(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(2) (with Sch. 9 paras. 1-9, 22)
  556. F10
    Words in Sch. 1 para. 24(3) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 101(3) (with Sch. 9 paras. 1-9, 22)
  557. F11
    S. 4(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 2(3) (with arts. 28-31)
  558. F12
    Words in s. 4(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 2(2) (with arts. 28-31)
  559. F13
    S. 7 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 3 (with arts. 28-31)
  560. F14
    S. 24(9A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 4(2) (with arts. 28-31)
  561. F15
    Words in s. 28(11) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 5(2)(a) (with arts. 28-31)
  562. F16
    Words in s. 28(11) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 5(2)(b) (with arts. 28-31)
  563. F17
    S. 29(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(3) (with arts. 28-31)
  564. F18
    S. 29(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(6) (with arts. 28-31)
  565. F19
    S. 29(1)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(2) (with arts. 28-31)
  566. F20
    Words in s. 29(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(4) (with arts. 28-31)
  567. F21
    Words in s. 29(3) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(5) (with arts. 28-31)
  568. F22
    Words in s. 29(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 6(7) (with arts. 28-31)
  569. F23
    S. 40(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 7(3) (with arts. 28-31)
  570. F24
    Words in s. 40(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 7(2) (with arts. 28-31)
  571. F25
    Words in s. 40(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 7(2) (with arts. 28-31)
  572. F26
    S. 49(6A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 8(2) (with arts. 28-31)
  573. F27
    S. 63(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 9(3) (with arts. 28-31)
  574. F28
    Words in s. 63(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 9(2) (with arts. 28-31)
  575. F29
    S. 89(7)-(11) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 10(4) (with arts. 28-31)
  576. F30
    Words in s. 89(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 10(2) (with arts. 28-31)
  577. F31
    Words in s. 89(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 10(3)(a) (with arts. 28-31)
  578. F32
    Words in s. 89(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 10(3)(b) (with arts. 28-31)
  579. F33
    Words in s. 89(6) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 10 para. 10(3)(c) (with arts. 28-31)
  580. F34
    Sch. 6 para. 22 omitted (1.4.2011) by virtue of Finance (No. 3) Act 2010 (c. 33), s. 29(2), Sch. 13 para. 4; S.I. 2011/777, art. 2
  581. F35
    S. 53 renumbered as s. 53(1) by Bribery Act 2010 (c. 23), s 19(1), Sch. 1 para. 13(2) (with ss. 16, 19(05)); S.I. 2011/1418, art. 2
  582. F36
    S. 53(2) inserted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 13(3) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
  583. F37
    Sch. 1 para. 9 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(2) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
  584. F38
    Sch. 1 para. 25 and cross-heading substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 14(3) (with ss. 16, 19(5)); S.I. 2011/1418, art. 2
  585. F39
    Words in s. 39(10)(a) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 370(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 79)
  586. F40
    S. 39(10)(za)-(zc) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 370(a); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 79)
  587. F41
    Words in s. 34(7)(a) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
  588. F42
    Sch. 8 para. 159 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
  589. F43
    Word in Sch. 1 para. 2(2) substituted (E.W.) (6.4.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 142 (with s. 97); S.I. 2013/470, art. 2(d) (with arts. 5-8)
  590. F44
    Sch. 6 para. 26 repealed (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 17 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)
  591. C2
    Pt. 2 applied (with modifications) by 2003 c. 42, Sch. 4 para. 6(3) (as inserted (26.4.2013) by Criminal Justice Act (Northern Ireland) 2013 (c. 7), ss. 3(5), 15(1))
  592. F45
    S. 80(1)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 23
  593. F46
    S. 80(3)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 23
  594. F47
    Words in s. 5(7) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 177; S.I. 2013/1682, art. 3(v)
  595. F48
    Words in s. 39(10) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 178; S.I. 2013/1682, art. 3(v)
  596. F49
    Sch. 2 para. 5A inserted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(2)
  597. F50
    Sch. 2 para. 6 crossheading omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(3)
  598. F51
    Sch. 2 paras. 6-11 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 52(4)
  599. F52
    S. 8(a)(ii) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 46
  600. F53
    S. 10(4)(a)(ii) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 47
  601. F54
    Words in s. 43 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 49(a)
  602. F55
    Word in s. 43 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 49(b)
  603. F56
    Words in s. 70(2) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 50
  604. F57
    S. 84(3)(4) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 51
  605. F58
    Sch. 8 para. 135(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 53
  606. F59
    Sch. 8 para. 165 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 53
  607. F60
    Sch. 8 para. 168 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 53
  608. F61
    Words in s. 27(1) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 48
  609. F62
    Words in s. 27(3) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 48
  610. F63
    Sch. 6 para. 10 repealed (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 17 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)
  611. F64
    Words in s. 27(12) omitted (1.8.2014) by virtue of Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 116(2) (with Sch. 5)
  612. F65
    Words in s. 27(12) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 116(3) (with Sch. 5)
  613. F66
    Sch. 1 para. 18(4) added (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 7
  614. F67
    Sch. 7 Pt. 1 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8 Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)
  615. F68
    Sch. 13 para. 9(a) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 79; S.I. 2015/841, art. 3(x)
  616. F69
    Sch. 1 para. 3 and cross-heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(3), 88(1); S.I. 2015/820, reg. 2(f)
  617. F70
    Words in s. 21 heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 79; S.I. 2015/820, reg. 2(r)(xv)
  618. F71
    Words in Sch. 1 para. 4(2)(b) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(a); S.I. 2015/820, reg. 2(r)(xvi)
  619. F72
    Words in Sch. 1 para. 4(2)(c) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(b); S.I. 2015/820, reg. 2(r)(xvi)
  620. F73
    Words in Sch. 1 para. 4(2)(d) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(2)(c); S.I. 2015/820, reg. 2(r)(xvi)
  621. F74
    Words in s. 21(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(2)(a), 88(1); S.I. 2015/820, reg. 2(g)
  622. F75
    Words in s. 21(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(2)(b), 88(1); S.I. 2015/820, reg. 2(g)
  623. F76
    Words in s. 21(4) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(3)(a), 88(1); S.I. 2015/820, reg. 2(g)
  624. F77
    Words in s. 21(4) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(3)(b), 88(1); S.I. 2015/820, reg. 2(g)
  625. F78
    Words in s. 21(5) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(4), 88(1); S.I. 2015/820, reg. 2(g)
  626. F79
    Words in s. 21(6) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(5), 88(1); S.I. 2015/820, reg. 2(g)
  627. F80
    S. 21(8) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(6), 88(1); S.I. 2015/820, reg. 2(g)
  628. F81
    Sch. 1 para. 19 (crossheading)(arms)(trafficking) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(4); S.I. 2015/820, reg. 2(r)(xvi)
  629. F82
    Sch. 1 para. 13A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 81(3); S.I. 2015/820, reg. 2(r)(xvi)
  630. F83
    Sch. 1 para. 11A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(4), 88(1); S.I. 2015/820, reg. 2(f)
  631. F84
    S. 27A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(8), 88(1); S.I. 2015/820, reg. 2(f)
  632. F85
    Sch. 3 para. 38A and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 82; S.I. 2015/820, reg. 2(r)(xvii)
  633. F86
    S. 5A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 50(2), 88(1); S.I. 2015/820, reg. 2(i)
  634. F87
    S. 16(7) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 77; S.I. 2015/820, reg. 2(r)(xv)
  635. F88
    Words in s. 9(4) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 76; S.I. 2015/820, reg. 2(r)(xv)
  636. F89
    S. 22E and cross-heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 49, 88(1); S.I. 2015/820, reg. 2(h)
  637. F90
    S. 19(2A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 78(2); S.I. 2015/820, reg. 2(r)(xv)
  638. F91
    S. 19(4A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 78(3); S.I. 2015/820, reg. 2(r)(xv)
  639. F92
    Words in s. 36(1) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 80; S.I. 2015/820, reg. 2(r)(xv)
  640. F93
    Sch. 1 para. 1(1)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(2), 88(1); S.I. 2015/820, reg. 2(f)
  641. F94
    Sch. 1 para. 17(1)(ba) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(6), 88(1); S.I. 2015/820, reg. 2(f)
  642. F95
    Sch. 1 para. 19(2) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 47(7), 88(1); S.I. 2015/820, reg. 2(f)
  643. F96
    Sch. 8 para. 150 repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 4; S.I. 2015/983, art. 2(2)(f)
  644. F97
    Sch. 8 para. 151 repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 4; S.I. 2015/983, art. 2(2)(f)
  645. F98
    Sch. 8 para. 154 repealed (1.6.2015) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 4; S.I. 2015/983, art. 2(2)(f)
  646. F99
    Sch. 1 para. 1A and cross-heading inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 7(2); S.I. 2015/1476, reg. 2(j)
  647. F100
    Sch. 1 para. 2(4) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 7(3); S.I. 2015/1476, reg. 2(j)
  648. F101
    S. 78 repealed (1.6.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 4; S.I. 2015/983, art. 2(2)(f); S.I. 2016/147, art. 3(k)
  649. F102
    S. 80(5)(6) repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)
  650. F103
    Sch. 8 para. 107(3) repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)
  651. F104
    Sch. 10 paras. 3-6 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)
  652. F105
    Sch. 10 para. 9 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)
  653. F106
    Sch. 10 paras. 26-28 repealed (1.6.2015 for E.W.S., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), s. 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(g); S.I. 2016/147, art. 3(l) (with art. 5)
  654. F107
    S. 29(1ZA) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(2); S.I. 2016/148, reg. 3(f)
  655. F108
    S. 29(3ZA) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(4); S.I. 2016/148, reg. 3(f)
  656. F109
    Word in s. 29(2) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(3)(a); S.I. 2016/148, reg. 3(f)
  657. F110
    Words in s. 29(2) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(3)(b); S.I. 2016/148, reg. 3(f)
  658. F111
    Word in s. 29(4) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(5)(a); S.I. 2016/148, reg. 3(f)
  659. F112
    Word in s. 29(4) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(5)(b); S.I. 2016/148, reg. 3(f)
  660. F113
    Words in s. 29(4) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 21(5)(c); S.I. 2016/148, reg. 3(f)
  661. F114
    S. 1(1A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 2(2); S.I. 2016/148, reg. 3(f) (with art. 4)
  662. F115
    Word in s. 1(3) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 2(3); S.I. 2016/148, reg. 3(f)
  663. F116
    S. 1(5) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 2(4); S.I. 2016/148, reg. 3(f)
  664. F117
    Words in s. 2(6) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 3(a); S.I. 2016/148, reg. 3(f)
  665. F118
    Words in s. 2(6) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 3(b); S.I. 2016/148, reg. 3(f)
  666. F119
    Words in s. 27 heading omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 19(2); S.I. 2016/148, reg. 3(f)
  667. F120
    Words in s. 22 heading inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 16; S.I. 2016/148, reg. 3(f)
  668. F121
    Sch. 1 Pt. 1A inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 31; S.I. 2016/148, reg. 3(f)
  669. F122
    S. 2A inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 4; S.I. 2016/148, reg. 3(f)
  670. F123
    Ss. 22A-22D and cross-heading inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 17; S.I. 2016/148, reg. 3(f) (with art. 5)
  671. F124
    S. 24A - S. 24B inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 18; S.I. 2016/148, reg. 3(f)
  672. F125
    S. 27A inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 20; S.I. 2016/148, reg. 3(f)
  673. F126
    S. 36A inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 25; S.I. 2016/148, reg. 3(f)
  674. F127
    S. 40(6A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 27(4); S.I. 2016/148, reg. 3(f)
  675. F128
    S. 40(9)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 27(5); S.I. 2016/148, reg. 3(f)
  676. F129
    S. 40(5)(a) substituted for words (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 27(2); S.I. 2016/148, reg. 3(f)
  677. F130
    S. 40(5)(b) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 27(3); S.I. 2016/148, reg. 3(f)
  678. F131
    S. 4(4A)(4B) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 6; S.I. 2016/148, reg. 3(f)
  679. F132
    Word in s. 18(1)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 15(2)(a); S.I. 2016/148, reg. 3(f)
  680. F133
    S. 18(1)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 15(2)(b); S.I. 2016/148, reg. 3(f)
  681. F134
    Words in s. 18(5)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 15(3); S.I. 2016/148, reg. 3(f)
  682. F135
    Words in s. 18(6)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 15(3); S.I. 2016/148, reg. 3(f)
  683. F136
    S. 89(6A)(6B) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(d); S.I. 2016/148, reg. 3(f)
  684. F137
    Words in s. 89(6) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(c)(i); S.I. 2016/148, reg. 3(f)
  685. F138
    Word in s. 89(6) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(c)(ii); S.I. 2016/148, reg. 3(f)
  686. F139
    Words in s. 89(1) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(a); S.I. 2016/148, reg. 3(f)
  687. F140
    Words in s. 89(2) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(b)(i); S.I. 2016/148, reg. 3(f)
  688. F141
    Words in s. 89(2) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 29(b)(ii); S.I. 2016/148, reg. 3(f)
  689. F142
    S. 12(4A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(3); S.I. 2016/148, reg. 3(f)
  690. F143
    Words in s. 12(1) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(2); S.I. 2016/148, reg. 3(f)
  691. F144
    Words in s. 12(5) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 12(4); S.I. 2016/148, reg. 3(f)
  692. F145
    Words in s. 3(6) substituted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 5(a); S.I. 2016/148, reg. 3(f)
  693. F146
    Words in s. 3(6) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 5(b); S.I. 2016/148, reg. 3(f)
  694. F147
    S. 17(1A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(2); S.I. 2016/148, reg. 3(f)
  695. F148
    Words in s. 17(6)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(3); S.I. 2016/148, reg. 3(f)
  696. F149
    Words in s. 17(7)(a) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 14(3); S.I. 2016/148, reg. 3(f)
  697. F150
    S. 8(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 9(b); S.I. 2016/148, reg. 3(f)
  698. F151
    Words in s. 9(1)-(3) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 10(2); S.I. 2016/148, reg. 3(f)
  699. F152
    S. 9(4A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 10(3); S.I. 2016/148, reg. 3(f)
  700. F153
    Word in s. 5(2) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 7; S.I. 2016/148, reg. 3(f)
  701. F154
    S. 7(1A) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 8; S.I. 2016/148, reg. 3(f)
  702. F155
    S. 32(5)(b)(iii) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 23; S.I. 2016/148, reg. 3(f)
  703. F156
    Word in s. 10(4)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(a); S.I. 2016/148, reg. 3(f)
  704. F157
    S. 10(4)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 11(b); S.I. 2016/148, reg. 3(f)
  705. F158
    Word in s. 13(1)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 13(a); S.I. 2016/148, reg. 3(f)
  706. F159
    S. 13(1)(aa) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 13(b); S.I. 2016/148, reg. 3(f)
  707. F160
    Words in s. 27(12) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 19(3)(a); S.I. 2016/148, reg. 3(f)
  708. F161
    Words in s. 27(12) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 19(3)(b); S.I. 2016/148, reg. 3(f)
  709. F162
    S. 31(6)(b)(ii) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 22(3); S.I. 2016/148, reg. 3(f)
  710. F163
    Word in s. 31(3) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 22(2); S.I. 2016/148, reg. 3(f)
  711. F164
    Word in s. 34(2)(a)(i) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 24(a); S.I. 2016/148, reg. 3(f)
  712. F165
    S. 34(2)(a)(ia) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 24(b); S.I. 2016/148, reg. 3(f)
  713. F166
    Words in s. 39(10) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 26; S.I. 2016/148, reg. 3(f)
  714. F167
    Words in s. 43 inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 28; S.I. 2016/148, reg. 3(f)
  715. F168
    S. 93(2)(a) omitted (1.3.2016) by virtue of Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 1 para. 30; S.I. 2016/148, reg. 3(f)
  716. F169
    Sch. 1 para. 1ZA inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 8(2); S.I. 2016/553, reg. 2
  717. F170
    Sch. 1 para. 16AA inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 8(3); S.I. 2016/553, reg. 2
  718. F171
    Sch. 1 para. 17A inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 8(4); S.I. 2016/553, reg. 2
  719. F172
    Word in s. 27(8) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 31
  720. F173
    Sch. 1 para. 18(2) repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), s. 28(2), Sch. 5
  721. F174
    Sch. 1 para. 18(3) repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)), s. 28(2), Sch. 5
  722. F175
    Sch. 1 para. 24(6) inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(c), 58(5)(6); S.I. 2017/739, reg. 3
  723. F176
    Sch. 1 para. 16G(5) inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(b), 58(5)(6); S.I. 2017/739, reg. 3
  724. F177
    Sch. 1 para. 8(6) inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(a), 58(5)(6); S.I. 2017/739, reg. 3
  725. F178
    Word in Sch. 1 para. 8 cross-heading inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(a), 58(5)(6); S.I. 2017/739, reg. 3
  726. F179
    Word in Sch. 1 para. 16G cross-heading inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force ) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(b), 58(5)(6); S.I. 2017/739, reg. 3
  727. F180
    Word in Sch. 1 para. 24 cross-heading inserted (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 51(2)(c), 58(5)(6); S.I. 2017/739, reg. 3
  728. F181
    Words in s. 5A(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  729. F182
    Word in s. 5A(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  730. F183
    S. 5A(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 144(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  731. F184
    Words in s. 68(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  732. F185
    Words in s. 68(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 145(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  733. F186
    Words in s. 85(8)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 146(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  734. F187
    Words in s. 85(9) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 146(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  735. F188
    Words in s. 68(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 19(2) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
  736. F189
    Words in s. 85(8)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 19(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)
  737. F190
    Sch. 12 para. 3 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))
  738. F191
    Sch. 12 para. 6 repealed (7.11.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 4(b)
  739. F192
    Sch. 1 para. 13B(5A) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(2); S.I. 2018/1213, reg. 2(f)
  740. F193
    Word in Sch. 1 para. 13B heading omitted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(5); S.I. 2018/1213, reg. 2(f)
  741. F194
    Sch. 1 para. 16MA(5A) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(3); S.I. 2018/1213, reg. 2(f)
  742. F195
    Word in Sch. 1 para. 16MA heading omitted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(5); S.I. 2018/1213, reg. 2(f)
  743. F196
    Sch. 1 para. 29A(5A) inserted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(4); S.I. 2018/1213, reg. 2(f)
  744. F197
    Word in Sch. 1 para. 29A heading omitted (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), s. 64, Sch. 3 para. 5(5); S.I. 2018/1213, reg. 2(f)
  745. F198
    Sch. 1 para. 2A inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 14(2), 27(3) (with s. 25(6))
  746. F199
    Sch. 1 para. 16BA inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 14(3), 27(3) (with s. 25(6))
  747. F200
    Sch. 1 para. 18A inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 14(4), 27(3) (with s. 25(6))
  748. F201
    Sch. 1 para. 13(4)(5) substituted for Sch. 1 para. 13(4) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 3
  749. F202
    Sch. 1 para. 16M(4)(5) substituted for Sch. 1 para. 16M(4) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 3
  750. F203
    Sch. 1 para. 29(4)(5) substituted for Sch. 1 para. 29(4) (6.11.2019) by The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1354), regs. 1, 3
  751. F204
    Sch. 12 para. 8 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)
  752. F205
    Words in s. 36(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 264 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  753. F206
    Sch. 6 para. 39 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  754. F207
    Words in s. 34(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
  755. F208
    S. 34(3)(b) and word omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  756. F209
    Words in s. 34(4) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
  757. F210
    Words in s. 34(5) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
  758. F211
    Words in s. 34(6) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
  759. F212
    Words in s. 54(5) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(3); 2020 c. 1, Sch. 5 para. 1(1)
  760. F213
    Words in s. 69(2)(d) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 122(4); 2020 c. 1, Sch. 5 para. 1(1)
  761. F214
    Words in Sch. 1 para. 2(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(4)(a) (with Sch. 1 para. 1(5))
  762. F215
    Words in Sch. 1 para. 16B(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(4)(a) (with Sch. 1 para. 1(5))
  763. F216
    Words in Sch. 1 para. 18(1) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(4)(a) (with Sch. 1 para. 1(5))
  764. F217
    Words in Sch. 3 para. 11 inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 16; 2020 c. 1, Sch. 5 para. 1(1)
  765. F218
    Sch. 3 para. 12 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(4)(b) (with Sch. 1 para. 1(5))
  766. F219
    S. 8 renumbered as s. 8(1) (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(2)
  767. F220
    S. 8(2)(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(4)
  768. F221
    S. 8(1)(a)(iv) and word inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(a)(ii)
  769. F222
    S. 8(1)(aa)(i)(ii) substituted for words (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(b)
  770. F223
    S. 8(1)(b)(i)(ii) substituted for words (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(c)
  771. F224
    S. 10(4)(a)(iv) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(2)(b)
  772. F225
    S. 10(4)(aa)(i)(ii) substituted for words in s. 10(4)(aa) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(3)
  773. F226
    S. 10(4)(b)(i)(ii) substituted for words in s. 10(4)(b) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(4)
  774. F227
    S. 17(7A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 5(3)
  775. F228
    Words in s. 17(3)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 5(2)
  776. F229
    S. 18(7) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 6(3)
  777. F230
    Words in s. 18(2)(a) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 6(2)
  778. F231
    S. 27(1A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 7(2)
  779. F232
    Words in s. 27(12) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 7(4)
  780. F233
    Words in s. 27(3) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 7(3)
  781. F234
    S. 27A(1A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 8(2)
  782. F235
    Words in s. 27A(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 8(3)
  783. F236
    S. 28(1A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 9(2)
  784. F237
    Words in s. 28(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 9(3)
  785. F238
    Words in s. 43 inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 10
  786. F239
    Sch. 2 paras. 15A-15D and cross-headings inserted (29.6.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 11(2)
  787. F240
    Sch. 2 paras. 20A, 20B and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 11(3)
  788. F241
    S. 8A inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 3
  789. F242
    Word in s. 8(1)(a) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 2(3)(a)(i)
  790. F243
    Word in s. 10(4)(a) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(t), Sch. 12 para. 4(2)(a)
  791. F244
    Sch. 12 para. 28 omitted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by virtue of Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 12; S.I. 2021/605, reg. 2(a)(b)(c)
  792. F245
    S. 68(5) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(a), 206(1); S.S.I. 2021/355, art. 2
  793. F246
    S. 68(6) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(a), 206(1); S.S.I. 2021/355, art. 2
  794. F247
    S. 69(3) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(b), 206(1); S.S.I. 2021/355, art. 2
  795. F248
    S. 71(4) repealed (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(c)(i), 206(1); S.S.I. 2021/355, art. 2
  796. F249
    Words in s. 71(6) repealed (S.) (8.11.2021) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 98(c)(ii), 206(1); S.S.I. 2021/355, art. 2
  797. F250
    Words in Sch. 13 para. 4(a) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  798. F251
    S. 25(3A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 14(2)
  799. F252
    S. 70(5A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 14(3)
  800. F253
    S. 50A inserted (20.12.2023) by National Security Act 2023 (c. 32), ss. 30(2), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a)
  801. F254
    S. 50 cross-heading substituted (20.12.2023) by National Security Act 2023 (c. 32), ss. 30(3), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a)
  802. C3
    S. 5A(1)-(10) modified (26.12.2023) by Energy Act 2023 (c. 52), ss. 135(9), 334(3)(c)
  803. F255
    Words in s. 69(2)(d) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 66
  804. F256
    Sch. 3 para. 7 omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 26(a)
  805. F257
    Sch. 3 para. 24C and heading inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 26(b)
  806. F258
    S. 51A renumbered as s. 51A(1) (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 12(2)(a); S.I. 2024/31, reg. 2
  807. F259
    S. 51A(2) inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 12(2)(b); S.I. 2024/31, reg. 2
  808. F260
    Words in s. 51A heading inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 12(2)(c); S.I. 2024/31, reg. 2
  809. F261
    Sch. 3 para. 24B and cross-heading inserted (31.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 12(3); S.I. 2024/31, reg. 2
  810. F262
    Sch. 1 para. 7(2A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 206(2)(a), 219(1)(2)(b); S.I. 2025/349, reg. 3
  811. F263
    Sch. 1 para. 23(2A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 206(2)(c), 219(1)(2)(b); S.I. 2025/349, reg. 3
  812. F264
    Sch. 1 para. 16J(1A) inserted (26.10.2023 for specified purposes, 1.9.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 206(2)(b), 219(1)(2)(b); S.I. 2025/349, reg. 3
  813. F265
    Words in s. 89 heading inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 55(6)(a), 65(3)(f)
  814. F266
    Sch. 1A inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 58(3), 65(3)(f)
  815. F267
    Ss. 5B-5D inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 55(2), 65(3)(f)
  816. F268
    S. 15A and cross-heading inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 58(2), 65(3)(f)
  817. F269
    S. 89(3) substituted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 58(7), 65(3)(f)
  818. F270
    Words in s. 89(1)(2) inserted (2.12.2025 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 55(6)(b), 65(3)(f)
  819. F271
    Sch. 2 paras. 15ZA, 15ZB and cross-headings inserted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(a), 65(1); S.I. 2026/59, reg. 2(g)
  820. F272
    Sch. 2 paras. 15BA-15BD and cross-headings inserted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(c), 65(1); S.I. 2026/59, reg. 2(g)
  821. F273
    S. 8 substituted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(2), 65(1); S.I. 2026/59, reg. 2(g)
  822. F274
    S. 10(4)(a)(i) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(3)(a), 65(1); S.I. 2026/59, reg. 2(g)
  823. F275
    S. 10(4)(a)(iii) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(3)(a), 65(1); S.I. 2026/59, reg. 2(g)
  824. F276
    S. 10(4)(a)(v) inserted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(3)(b), 65(1); S.I. 2026/59, reg. 2(g)
  825. F277
    S. 27(1A) substituted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(4)(a), 65(1); S.I. 2026/59, reg. 2(g)
  826. F278
    Words in s. 27(3) substituted (2.2.2026 for specified purposes) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(4)(b), 65(1); S.I. 2026/59, reg. 2(g)
  827. F279
    Words in s. 27(12) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(4)(c), 65(1); S.I. 2026/59, reg. 2(g)
  828. F280
    Words in Sch. 2 para. 15A(a) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(b)(i), 65(1); S.I. 2026/59, reg. 2(g)
  829. F281
    Words in Sch. 2 para. 15A(c) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(b)(i), 65(1); S.I. 2026/59, reg. 2(g)
  830. F282
    Words in Sch. 2 para. 15A(d) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(b)(i), 65(1); S.I. 2026/59, reg. 2(g)
  831. F283
    Words in Sch. 2 para. 15A(b) omitted (2.2.2026 for specified purposes) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 57(5)(b)(ii), 65(1); S.I. 2026/59, reg. 2(g)
  832. F284
    Sch. 3 para. 38ZA inserted (E.W.N.I.) (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(5), 142(1); S.I. 2026/31, reg. 2