The Serious Crime Act 2015 (Commencement No. 5 and Transitional Provisions and Savings) Regulations 2016

• Citation: S.I. 2016/148
• Sections: 5

Section 1 Citation and interpretation

These Regulations may be cited as The Serious Crime Act 2015 (Commencement No. 5 and Transitional Provisions and Savings) Regulations 2016.

Section 2 Citation and interpretation

In these Regulations “appropriate court” and “serious crime prevention order” have the same meanings as in the Serious Crime Act 2007 .

Section 3 Provisions coming into force on 1st March 2016

The following provisions of the Serious Crime Act 2015 come into force on 1st March 2016—

(a) section 13 (conditions for exercise of search and seizure powers);

(b) section 23 (prohibitory property orders: PPO receivers);

(c) section 38(1) and (2) (confiscation investigations);

(d) section 46 (extension of Part 1 of Serious Crime Act 2007 to Scotland);

(e) section 50(1)(b) (serious crime prevention orders and financial reporting etc);

(f) section 85(1) (minor and consequential amendments), so far as it relates to paragraphs 14, 15, 55, 71 and 73 of Schedule 4 (minor and consequential amendments);

(g) Schedule 1 (amendments of Serious Crime Act 2007: Scotland); and

(h) Paragraphs 14, 15, 55, 71 and 73 of Schedule 4 so far as not already commenced.

Section 4 Transitional provisions and savings

In deciding for the purposes of section 1(1A)(a) of the Serious Crime Act 2007 whether a person has been involved in serious crime, the appropriate court may take account of conduct before 1st March 2016 as well as conduct on or after that date.

Section 5 Transitional provisions and savings

(1) Section 22A, 22B or 22C of the Serious Crime Act 2007 does not apply to a person who is being dealt with on or after 1st March 2016 in relation to an offence of which the person was convicted before that date.

(2) Paragraph (1) does not prevent an application to the appropriate court for a serious crime prevention order in connection with the offence concerned.