Proceeds of Crime Act 2002: Code of Practice on the exercise of powers by Proper Persons in Scotland

Closed 15 Dec 2023

Opened 3 Nov 2023

Contact

alan.nicholson@gov.scot

Feedback updated 10 May 2024

We asked

We asked for views on the revised Code of Practice for Proper Persons in Scotland in relation to the exercise of powers to execute warrants and orders conferred by Chapter 3 of Part 8 of the Proceeds of Crime Act 2002.

You said

Three responses were received on this Consultation. One response suggested some minor textual changes in Chapter 1 of the Code, other pertinent points were raised concerning disclosure and the safety of Proper Persons executing a warrant or order.

We did

As a result of the responses received we have made the suggested changes to Chapter 1 and have amended the Code to clarify when a Proper Person should provide their name and that they need not do so if they believe that doing so might endanger themselves or others.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

We want to hear your views on the revised Code of Practice for Proper Persons in Scotland in relation to the exercise of powers to execute warrants and orders conferred by Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (POCA).

The Code replaces an existing Code and is being revised to take account of amendments to the Proceeds of Crime Act 2002 (POCA) made by the Economic Crime and Corporate Transparency Act 2023. and your responses will help us ensure that the guidance to Proper Persons in the Code is up-to-date and fit for purpose.

Read the consultation paper. (The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

 

Why your views matter

We are consulting because we wish to ensure that the revised Code is fair, useful and as up-to-date as possible. We welcome the views of any organisation or individual with an interest in the Code including those who might be exercising the powers to execute warrants and orders under POCA and those who might be affected by this. We are particularly keen to make sure that appropriate safeguards are in place with respect to the searching of vulnerable individuals. 

What happens next

All responses are currently being analysed and considered along with any other available evidence to help us. An analysis report will be made available shortly.

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public.

Interests

  • Law and Order
  • Main hub