The Magistrates’ Courts (Detention, Freezing and Forfeiture of Terrorist Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
9 Application for a crypto wallet freezing order, or for an order extending the period of such an order
(1) An application under paragraph 10Z7BA(2) of Schedule 1 for a crypto wallet freezing order under paragraph 10Z7BB(2), or for an order under paragraph 10Z7BB(5) of Schedule 1 extending the period of such an order from two to up to three years, must be made in writing and may be sent to the court before which the applicant wishes to make the application. (2) But where the reasonable grounds for suspicion which led to the application for the order under paragraph 10Z7BB(2) of Schedule 1 are connected to— (a) the reasonable grounds for suspicion which led to the seizure of cash or other property to which a previous order for further detention relates, or (b) the reasonable grounds for suspicion which led to the making of a previous freezing order, then the application must specify the connection to any such previous order and may be sent to any court which made a previous order listed in sub-paragraph (a) or (b). (3) Except where the application is made without notice, a copy of the written application and notification of the hearing of the application must be given by the applicant to any person by or for whom the crypto wallet which is the subject of the application is administered. (4) But the applicant is not required to send copies of the written application and notification of the hearing to any person by or for whom the crypto wallet is administered who cannot be identified. (5) Where paragraph (4) applies, the court must not decline to hear an application solely on the ground that it has not been proved that any person by or for whom the crypto wallet which is the subject of the application is administered has received a copy of the written application and notification of the hearing. (6) The court must give copies of the order to the applicant. (7) The applicant must give a copy of the order to any person by or for whom the crypto wallet which is the subject of the application is administered and to any other person known to be affected by the order, including the UK-connected cryptoasset service provider administering the crypto wallet.
9 Application for a crypto wallet freezing order, or for an order extending the period of such an order
(1) An application under paragraph 10Z7BA(2) of Schedule 1 for a crypto wallet freezing order under paragraph 10Z7BB(2), or for an order under paragraph 10Z7BB(5) of Schedule 1 extending the period of such an order from two to up to three years, must be made in writing and may be sent to the court before which the applicant wishes to make the application. (2) But where the reasonable grounds for suspicion which led to the application for the order under paragraph 10Z7BB(2) of Schedule 1 are connected to— (a) the reasonable grounds for suspicion which led to the seizure of cash or other property to which a previous order for further detention relates, or (b) the reasonable grounds for suspicion which led to the making of a previous freezing order, then the application must specify the connection to any such previous order and may be sent to any court which made a previous order listed in sub-paragraph (a) or (b). (3) Except where the application is made without notice, a copy of the written application and notification of the hearing of the application must be given by the applicant to any person by or for whom the crypto wallet which is the subject of the application is administered. (4) But the applicant is not required to send copies of the written application and notification of the hearing to any person by or for whom the crypto wallet is administered who cannot be identified. (5) Where paragraph (4) applies, the court must not decline to hear an application solely on the ground that it has not been proved that any person by or for whom the crypto wallet which is the subject of the application is administered has received a copy of the written application and notification of the hearing. (6) The court must give copies of the order to the applicant. (7) The applicant must give a copy of the order to any person by or for whom the crypto wallet which is the subject of the application is administered and to any other person known to be affected by the order, including the UK-connected cryptoasset service provider administering the crypto wallet.
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