The Criminal Finances Act 2017 (Commencement No. 2 and Transitional Provisions) Regulations 2017

• Citation: S.I. 2017/991
• Sections: 3

Section 1 Citation, interpretation and extent

(1) These Regulations may be cited as the Criminal Finances Act 2017 (Commencement No. 2 and Transitional Provisions) Regulations 2017.

(2) In these Regulations—

“TACT” means the Terrorism Act 2000 ;

“POCA” means the Proceeds of Crime Act 2002 ;

“the Act” means the Criminal Finances Act 2017.

(3) Regulations 2(a), (d), (l), (t) and (v) do not extend to Northern Ireland.

(4) In regulation 2(r), the commencement of paragraph 37 of Schedule 5 to the Act does not extend to Northern Ireland so far as it relates to section 333D(1)(aa) and (1A) of POCA.

Section 2 Provisions of the Act coming into force on 31st October 2017

The following provisions of the Act come into force on 31st October 2017—

(a) section 10 (power to extend moratorium period);

(b) section 11 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 339ZG(5)(b) of POCA;

(c) section 12 (further information orders);

(d) section 15 (forfeiture of certain personal (or moveable) property) so far as it inserts sections 303G and 303H into POCA and so far as not already in force;

(e) section 17 (Serious Fraud Office) so far as relevant to paragraphs (j) to (l) below;

(f) section 36 (sharing of information within the regulated sector) so far as it applies to relevant undertakings within section 21CF(6)(b) of TACT;

(g) section 37 (further information orders);

(h) section 43 (enforcement in other parts of the United Kingdom) so far as not already in force;

(i) section 53 (minor and consequential amendments) so far as relevant to paragraphs (m) to (y) below;

(j) paragraph 1 of Schedule 1 (powers of members of staff of Serious Fraud Office) so far as relevant to paragraphs (k) and (l) below;

(k) paragraph 6 of Schedule 1;

(l) paragraphs 14 and 24 of Schedule 1;

(m) paragraphs 6 to 8 of Schedule 5 (minor and consequential amendments);

(n) paragraph 9 of Schedule 5 so far as relevant to paragraphs (o) and (p) below;

(o) paragraphs 10 to 12 of Schedule 5;

(p) paragraph 13 of Schedule 5 for the purpose of issuing a code of practice under paragraph 6 of Schedule 14 to TACT;

(q) paragraph 17 of Schedule 5 so far as relevant to paragraphs (r) to (v) below;

(r) paragraph 37 of Schedule 5;

(s) paragraph 38 of Schedule 5;

(t) paragraph 58 of Schedule 5;

(u) paragraph 83 of Schedule 5 so far as not already in force;

(v) paragraphs 87(3) to (6) of Schedule 5 so far as they relate to section 303G(5) or 303H(4);

(w) paragraph 89 of Schedule 5;

(x) paragraph 90 of Schedule 5 so far as relevant to paragraph (y) below;

(y) paragraph 91 of Schedule 5 so far as necessary for enabling an Act of Sederunt (court rules) to be made under section 215 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 in relation to a decree of removing or warrant for ejection granted under section 266(8ZA) of POCA .

Section 3 Transitional provisions

(1) Section 10 of the Act applies only in relation to a relevant disclosure (“relevant disclosure” is defined in section 336D(5) of POCA) made on or after 31st October 2017.

(2) An order under section 339ZH of POCA (further information orders) (as inserted by section 12 of the Act) can only be made where the information required to be given under that order relates to a matter arising from a disclosure made on or after 31st October 2017 .

(3) An order under section 22B(1) of TACT (further information orders) (as inserted by section 37 of the Act) can only be made where the information required to be given under that order relates to a matter arising from a disclosure made on or after 31st October 2017 .