UK Offence Report

The Proceeds of Crime Act 2002 (Money Laundering: Exceptions to Overseas Conduct Defence) Order 2006

UK Statutory Instrument 2006 No. 1070 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 April 2006
In force from
15 May 2006
Extent
Not stated
Subject
Corporate, financial services, company law, employment, charity, electoral and tax
Made under
No. 1070 PROCEEDS OF CRIME The Proceeds of Crime Act 2002, Proceeds of Crime Act 2002

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order sets out exceptions to the defences in sections 327(2A), 328(3) and 329(2A) of the Proceeds of Crime Act 2002 (“the 2002 Act”), as inserted by section 102 of the Serious Organised Crime and Police Act 2005. Sections 327(1), 328(1) and 329(1) of that Act create offences relating to “criminal property”. That expression is defined by section 340(3) by reference to benefit from “criminal conduct”. The definition of “criminal conduct” includes conduct that would constitute an offence in any part of the United Kingdom if it occurred there (see section 340(2)). Sections 327(2A), 328(3) and 329(2A) create defences in respect of the offences in sections 327(1), 328(1) and 329(1) (respectively) if the person who would otherwise commit such an offence knows, or believes on reasonable grounds, that the “relevant criminal conduct” occurred in a particular country or territory outside the United Kingdom and was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory. “Relevant criminal conduct” is defined in sections 327(2B), 328(4) and 329(2B) (respectively) as the criminal conduct by reference to which the property concerned is criminal property. By virtue of sections 327(2A)(b)(ii), 328(3)(b)(ii) and 329(2A)(b)(ii), this defence does not apply in respect of relevant criminal conduct of a description prescribed in an order. Article 2(2) of this Order prescribes conduct which would be an offence punishable by imprisonment for a maximum term in excess of 12 months in any part of the United Kingdom (subject to the exceptions set out in article 2(2)).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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