Section 303H: Code of practice: Scotland

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 5: Civil recovery of the proceeds etc. of unlawful conduct — CHAPTER 3A: Recovery of listed assets in summary proceedings

The Scottish Ministers must make a code of practice in connection with the exercise by constables in relation to Scotland of the powers conferred by section 303C.

Where the Scottish Ministers propose to issue a code of practice, they must—

publish a draft,
consider any representations made about the draft, and
if they think it appropriate, modify the draft in the light of any such representations.

The Scottish Ministers must lay a draft of the code before the Scottish Parliament.

When the Scottish Ministers have laid a draft of the code before the Scottish Parliament, they may bring it into operation by order.

The Scottish Ministers may revise the whole or any part of the code and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code.

A failure by a constable to comply with a provision of the code does not of itself make the constable liable to criminal or civil proceedings.

The code is admissible in evidence in criminal or civil proceedings and is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.