The Magistrates’ Courts (Conversion of Cryptoassets) Rules 2024
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Change 1
4 Application to convert cryptoassets in frozen crypto wallet
(1) An application under section 303Z55(2) of the Act for an order under section 303Z55 of the Act requiring all of the cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order to be converted into money must be made in writing and sent to the court before which the applicant wishes to make the application. (2) But if the applicant has been given a copy of an order under section 303Z37(2) of the Act 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 enforcement officer, the applicant must send a copy of the application to every person to whom a copy of the most recent order under section 303Z37(2) of the Act has been given. (4) Where the applicant is a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must send copies of the application to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must send a copy of the application to every person to whom a copy of the most recent order undersection 303Z37(2) of the Act has been given. (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 enforcement 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 a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must notify the date fixed for the hearing of the application under paragraph (5) to the applicant and to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must notify that date to every person to whom a copy of the application is 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 is administered, 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) If the applicant is an enforcement officer— (a) the court must give copies of the order to the applicant, and (b) the applicant must send a copy of the order to every person to whom the application is required to be sent under paragraph (3). (11) If the applicant is a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must send copies of the order to the applicant and to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must give a copy of the order to every person to whom a copy of the application is required to be sent under paragraph (3).
4 Application to convert cryptoassets in frozen crypto wallet
(1) An application under section 303Z55(2) of the Act for an order under section 303Z55 of the Act requiring all of the cryptoassets held in a crypto wallet which is subject to a crypto wallet freezing order to be converted into money must be made in writing and sent to the court before which the applicant wishes to make the application. (2) But if the applicant has been given a copy of an order under section 303Z37(2) of the Act 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 enforcement officer, the applicant must send a copy of the application to every person to whom a copy of the most recent order under section 303Z37(2) of the Act has been given. (4) Where the applicant is a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must send copies of the application to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must send a copy of the application to every person to whom a copy of the most recent order undersection 303Z37(2) of the Act has been given. (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 enforcement 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 a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must notify the date fixed for the hearing of the application under paragraph (5) to the applicant and to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must notify that date to every person to whom a copy of the application is 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 is administered, 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) If the applicant is an enforcement officer— (a) the court must give copies of the order to the applicant, and (b) the applicant must send a copy of the order to every person to whom the application is required to be sent under paragraph (3). (11) If the applicant is a person by or for whom the crypto wallet which is subject to the crypto wallet freezing order is administered— (a) the court must send copies of the order to the applicant and to the enforcement officer who applied for the crypto wallet freezing order, and (b) the enforcement officer must give a copy of the order to every person to whom a copy of the application is required to be sent under paragraph (3).
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