The Magistrates’ Courts (Conversion of Cryptoassets) Rules 2024
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Change 1
10 Application for forfeiture of detained converted cryptoassets
(1) An application under section 303Z60(2) of the Act for an order under section 303Z60(4) of the Act for the forfeiture of detained converted cryptoassets must be made in writing and sent to the court to which any applications for the further detention of the detained converted cryptoassets under section 303Z57(7) or section 303Z58(6) of the Act have been sent. (2) Where no applications in respect of the detained cryptoassets have been made under section 303Z57(7) or section 303Z58(6) of the Act, the application for forfeiture must be sent to the court before which the applicant wishes to make the application. (3) The applicant must send a copy of an application for forfeiture to every person to whom a copy of an order made under any of sections 303Z57(3) or (5) or 303Z58(3) or (5) of the Act has been given, and to any other person identified by the applicant as being affected by the application. (4) 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, and must notify that date to the applicant. (5) The applicant must notify the date fixed for the directions hearing to every person to whom a copy of the application is required to be sent under paragraph (3). (6) 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. (7) If neither the person from whom the cryptoassets were seized, nor any other person who is affected by the detention of the detained converted cryptoassets seeks to contest the application, the court may decide the application at the directions hearing. (8) The court must give copies of the order for the forfeiture of detained converted cryptoassets under section 303Z60(2) of the Act to the applicant. (9) The applicant must give a copy of the order for the forfeiture of detained converted cryptoassets to every person to whom a copy of an order made under any of sections 303Z57(3) or (5) or 303Z58(3) or (5) of the Act in respect of the detained converted cryptoassets has been given.
10 Application for forfeiture of detained converted cryptoassets
(1) An application under section 303Z60(2) of the Act for an order under section 303Z60(4) of the Act for the forfeiture of detained converted cryptoassets must be made in writing and sent to the court to which any applications for the further detention of the detained converted cryptoassets under section 303Z57(7) or section 303Z58(6) of the Act have been sent. (2) Where no applications in respect of the detained cryptoassets have been made under section 303Z57(7) or section 303Z58(6) of the Act, the application for forfeiture must be sent to the court before which the applicant wishes to make the application. (3) The applicant must send a copy of an application for forfeiture to every person to whom a copy of an order made under any of sections 303Z57(3) or (5) or 303Z58(3) or (5) of the Act has been given, and to any other person identified by the applicant as being affected by the application. (4) 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, and must notify that date to the applicant. (5) The applicant must notify the date fixed for the directions hearing to every person to whom a copy of the application is required to be sent under paragraph (3). (6) 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. (7) If neither the person from whom the cryptoassets were seized, nor any other person who is affected by the detention of the detained converted cryptoassets seeks to contest the application, the court may decide the application at the directions hearing. (8) The court must give copies of the order for the forfeiture of detained converted cryptoassets under section 303Z60(2) of the Act to the applicant. (9) The applicant must give a copy of the order for the forfeiture of detained converted cryptoassets to every person to whom a copy of an order made under any of sections 303Z57(3) or (5) or 303Z58(3) or (5) of the Act in respect of the detained converted cryptoassets has been given.
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