News
Serious Crime Act 2007 (Commencement No 2 and Transitional and Transitory Provisions and Savings) Order 2008 (SI 2008/755) Commences 1 April 2008 and 6 April 2008. Commences provisions of the Serious Crime Act 2007 on 1 April 2008 which relate to the abolition of the Assets Recovery Agency and its director. Article 3 relates to the transfer of functions under the Proceeds of Crime Act 2002 in relation to Pt 5 (civil recovery), Pt 6 (revenue), Pt 8 (investigations) and s 3 (accreditation and training of civilian financial investigators). It ensures that the cases of the agency or its director in relation to those matters will be continued by specified successors. The successors are the National Policing Improvement Agency in relation to accreditation and training of civilian financial investigators and the Serious Organised Crime Agency for all other cases. Article 4 relates to the cases being dealt with by the Agency and its Director in relation to the confiscation of the proceeds of crime. It ensures that those cases will be continued by the Serious Organised Crime Agency. Brings into force certain provisions relating to serious crime prevention orders, certain amendments to the Proceeds of Crime Act 2002, and an extension of powers of stop and search.
Tribunals, Courts and Enforcement Act 2007 (Commencement No 3) Order 2008 (SI 2008/749) Commences 6 April 2008. Brings the Tribunals, Courts and Enforcement Act 2007, s 141 into force on 6 April 2008. Section 141 relates to judicial review; it substitutes the existing section 31(5) of the Supreme Court Act 1981 and extends the power of the High Court in respect of quashing orders. The High Court will have the power to substitute its own decision for the decision of a court or tribunal in certain circumstances: where the decision maker is a court or tribunal, the decision is quashed on the ground that there has been an error of law and if the High Court is satisfied that it is the only decision the court or tribunal could have reached.
