Commentary on Sections Part 8: Investigations Code of practice Section 377: Code of practice
530.This section requires the Secretary of State to issue a statutory code of practice in relation to the exercise of the investigation powers in Chapter 2 of Part 8. The code will provide clear guidance as to how such powers in respect of confiscation, money laundering and civil recovery investigations are to be operated in England and Wales, and Northern Ireland. There will be a separate code for Scotland (see section 410).
531.This follows the precedent of paragraph 8 of Schedule 2 to the Proceeds of Crime (Northern Ireland) Order 1996 [SI 1996 No.1299 (N.I. 9)], which contains a provision requiring the Secretary of State to draw up a code in relation to the exercise of the investigation powers conferred by that Schedule. Similar to those provisions, this code will be published in draft for consultation and laid before both Houses. Also, a breach of the code will not render a person liable to criminal or civil proceedings but the code will be admissible as evidence in criminal and civil proceedings. Section 459 provides that this code will be brought into operation by the affirmative resolution procedure.