The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
25 Amendment of the Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017
(1) The Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017 are amended as follows. (2) In rule 2 (interpretation), after paragraph (c), insert— (ca) “freezing order” means an order made under— (i) paragraph 10S(2) of Schedule 1 (account freezing orders); (ii) paragraph 10Z7BB(2) of Schedule 1 (crypto wallet freezing orders); (cb) “order for further detention” means an order made under— (i) paragraph 3(2) of Schedule 1 (further detention of seized cash); (ii) paragraph 10D(1) of Schedule 1 (further detention of seized property); (iii) paragraph 10Z7AC(1) or (4) of Schedule 1 (further detention of cryptoasset-related items); (iv) paragraph 10Z7AG(1) or (4) (further detention of cryptoassets); . (3) In rule 3 (application for account freezing order), in paragraph (2))— (a) in sub-paragraph (a), for “previous order made under paragraph 3(2) or 10B(2) of Schedule 1” substitute “previous order for further detention”; (b) in sub-paragraph (b), for “previous account freezing order under paragraph 10S(2) of Schedule 1” substitute “previous freezing order”. (4) After rule 4 insert— Application for the release of frozen money 4A. (1) An application under paragraph 10Z6A(1) of Schedule 1 for the release of money in respect of which an account freezing order has effect must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made. (2) But if the applicant has been given notice of an order under paragraph 10S(2) of Schedule 1 in respect of the account which is the subject of the application, then the application must be sent to the court which sent the applicant that notice. (3) The court must send a copy of the application to every person to whom notice of the account freezing order has been given. (4) The court must fix a date for the hearing of the application, which, unless directed otherwise, must not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant and to every person to whom a copy of the application is required to be sent under paragraph (3). (5) At the hearing of an application under paragraph 10Z6A(1) of Schedule 1 the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the property which is the subject of the application. (6) An order under paragraph 10Z6A(3) or (4) of Schedule 1 must provide for the release of the money within seven days of the making of the order or such longer period as with the agreement of the applicant may be specified in the order, except that money may not be released whilst paragraph 10Z6A(7) of Schedule 1 applies. . (5) In rule 5 (application for forfeiture of frozen money), in paragraph (2), for “previous order made under paragraph 3(2) or 10B(2) of Schedule 1” substitute “previous order for further detention”.
25 Amendment of the Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017
(1) The Magistrates’ Courts (Freezing and Forfeiture of Terrorist Money in Bank and Building Society Accounts) Rules 2017 are amended as follows. (2) In rule 2 (interpretation), after paragraph (c), insert— (ca) “freezing order” means an order made under— (i) paragraph 10S(2) of Schedule 1 (account freezing orders); (ii) paragraph 10Z7BB(2) of Schedule 1 (crypto wallet freezing orders); (cb) “order for further detention” means an order made under— (i) paragraph 3(2) of Schedule 1 (further detention of seized cash); (ii) paragraph 10D(1) of Schedule 1 (further detention of seized property); (iii) paragraph 10Z7AC(1) or (4) of Schedule 1 (further detention of cryptoasset-related items); (iv) paragraph 10Z7AG(1) or (4) (further detention of cryptoassets); . (3) In rule 3 (application for account freezing order), in paragraph (2))— (a) in sub-paragraph (a), for “previous order made under paragraph 3(2) or 10B(2) of Schedule 1” substitute “previous order for further detention”; (b) in sub-paragraph (b), for “previous account freezing order under paragraph 10S(2) of Schedule 1” substitute “previous freezing order”. (4) After rule 4 insert— Application for the release of frozen money 4A. (1) An application under paragraph 10Z6A(1) of Schedule 1 for the release of money in respect of which an account freezing order has effect must be made in writing and sent to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made. (2) But if the applicant has been given notice of an order under paragraph 10S(2) of Schedule 1 in respect of the account which is the subject of the application, then the application must be sent to the court which sent the applicant that notice. (3) The court must send a copy of the application to every person to whom notice of the account freezing order has been given. (4) The court must fix a date for the hearing of the application, which, unless directed otherwise, must not be earlier than seven days from the date on which it is fixed, and must notify that date to the applicant and to every person to whom a copy of the application is required to be sent under paragraph (3). (5) At the hearing of an application under paragraph 10Z6A(1) of Schedule 1 the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the property which is the subject of the application. (6) An order under paragraph 10Z6A(3) or (4) of Schedule 1 must provide for the release of the money within seven days of the making of the order or such longer period as with the agreement of the applicant may be specified in the order, except that money may not be released whilst paragraph 10Z6A(7) of Schedule 1 applies. . (5) In rule 5 (application for forfeiture of frozen money), in paragraph (2), for “previous order made under paragraph 3(2) or 10B(2) of Schedule 1” substitute “previous order for further detention”.
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