The Magistrates’ Courts (Conversion of Terrorist Cryptoassets) Rules 2024
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Change 1
4 Application to convert cryptoassets in frozen crypto wallet
(1) An application under paragraph 10Z7DB(2) of Schedule 1 for an order requiring all of the cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order to be converted into money under paragraph 10Z7DB must be made in writing and sent to the court before which the applicant wishes to make the application under paragraph 10Z7DB(2) of Schedule 1. (2) But if the applicant has been given a copy of an order under paragraph 10Z7BB(2) of Schedule 1 in respect of the crypto wallet which is the subject of the application, then the application must be sent to the court which sent the applicant the copy of that order. (3) Where the applicant is an authorised officer, the applicant must send a copy of the application to the enforcement officer who applied for the crypto wallet freezing order, if that is a different officer, and to every other person to whom a copy of the crypto wallet freezing order has been given. (4) If the applicant is a person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is administered— (a) the court must send copies of the application to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must send a copy of the application to every person to whom it is required to be sent under paragraph (3). (5) The court must fix a date for a directions hearing, which, unless directed otherwise, must not be earlier than seven days from the date on which it is fixed. (6) Where the applicant is an authorised officer— (a) the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant, and (b) the applicant must notify that date to every person to whom a copy of the application is required to be sent under paragraph (3). (7) Where the applicant is the person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is maintained— (a) the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant and to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must notify that date to the persons to whom the application are required to be sent under paragraph (3). (8) At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application. (9) If neither the person by or for whom the crypto wallet which is the subject of the application, nor any other person who is affected by the crypto wallet freezing order seeks to contest the application, the court may decide the application at the directions hearing. (10) Where the applicant is an authorised officer— (a) the court must send copies of the order to the applicant, and (b) the applicant must send a copy of the order to— (i) every person to whom a copy of an order under paragraph 10Z7BB(2) of Schedule 1 in respect of the crypto wallet has been given, and (ii) any other person known to be affected by the order. (11) Where the applicant is the person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is maintained— (a) the court must send copies of the order to the applicant and to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must send copies of the order to the persons mentioned in sub-paragraphs (i) and (ii) of paragraph 10(b).
4 Application to convert cryptoassets in frozen crypto wallet
(1) An application under paragraph 10Z7DB(2) of Schedule 1 for an order requiring all of the cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order to be converted into money under paragraph 10Z7DB must be made in writing and sent to the court before which the applicant wishes to make the application under paragraph 10Z7DB(2) of Schedule 1. (2) But if the applicant has been given a copy of an order under paragraph 10Z7BB(2) of Schedule 1 in respect of the crypto wallet which is the subject of the application, then the application must be sent to the court which sent the applicant the copy of that order. (3) Where the applicant is an authorised officer, the applicant must send a copy of the application to the enforcement officer who applied for the crypto wallet freezing order, if that is a different officer, and to every other person to whom a copy of the crypto wallet freezing order has been given. (4) If the applicant is a person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is administered— (a) the court must send copies of the application to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must send a copy of the application to every person to whom it is required to be sent under paragraph (3). (5) The court must fix a date for a directions hearing, which, unless directed otherwise, must not be earlier than seven days from the date on which it is fixed. (6) Where the applicant is an authorised officer— (a) the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant, and (b) the applicant must notify that date to every person to whom a copy of the application is required to be sent under paragraph (3). (7) Where the applicant is the person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is maintained— (a) the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant and to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must notify that date to the persons to whom the application are required to be sent under paragraph (3). (8) At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application. (9) If neither the person by or for whom the crypto wallet which is the subject of the application, nor any other person who is affected by the crypto wallet freezing order seeks to contest the application, the court may decide the application at the directions hearing. (10) Where the applicant is an authorised officer— (a) the court must send copies of the order to the applicant, and (b) the applicant must send a copy of the order to— (i) every person to whom a copy of an order under paragraph 10Z7BB(2) of Schedule 1 in respect of the crypto wallet has been given, and (ii) any other person known to be affected by the order. (11) Where the applicant is the person by or for whom the crypto wallet which is the subject of the crypto wallet freezing order is maintained— (a) the court must send copies of the order to the applicant and to the authorised officer who applied for the crypto wallet freezing order, and (b) the authorised officer must send copies of the order to the persons mentioned in sub-paragraphs (i) and (ii) of paragraph 10(b).
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