The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
11 Application for the variation or setting aside of a crypto wallet freezing order
(1) An application under section 303Z38(1) of the Act to vary or set aside a crypto wallet freezing order under section 303Z37(2) of the Act 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 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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (4) Where the applicant is a person other than an enforcement officer who is affected by the crypto wallet freezing order— (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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (5) 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. (6) Where the applicant is an enforcement officer— (a) the court must notify the date fixed for the hearing of the application 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 other than an enforcement officer who is affected by the crypto wallet freezing order— (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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (8) At the hearing of an application under section 303Z38(1) of the Act, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the crypto wallet which is the subject of an order under section 303Z37(2) of the Act. (9) Where the applicant is an enforcement officer— (a) the court must give copies of the order to the applicant, and (b) the applicant must give a copy of the order to— (i) every person to whom copies of the previous related orders have been given, and (ii) any person other than one referred to in sub-paragraph (i) who is known to be affected by the order. (10) Where the applicant is a person other than an enforcement officer who is affected by the crypto wallet freezing order— (a) the court must give 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 varying or setting aside the crypto wallet freezing order to the persons mentioned in sub-paragraphs (i) and (ii) of paragraph (9)(b).
11 Application for the variation or setting aside of a crypto wallet freezing order
(1) An application under section 303Z38(1) of the Act to vary or set aside a crypto wallet freezing order under section 303Z37(2) of the Act 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 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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (4) Where the applicant is a person other than an enforcement officer who is affected by the crypto wallet freezing order— (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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (5) 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. (6) Where the applicant is an enforcement officer— (a) the court must notify the date fixed for the hearing of the application 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 other than an enforcement officer who is affected by the crypto wallet freezing order— (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 a previous related order made under section 303Z37(2) or 303Z38(1) of the Act has been given. (8) At the hearing of an application under section 303Z38(1) of the Act, the court may, if it thinks fit, order that the application be heard with any other relevant proceedings in relation to the crypto wallet which is the subject of an order under section 303Z37(2) of the Act. (9) Where the applicant is an enforcement officer— (a) the court must give copies of the order to the applicant, and (b) the applicant must give a copy of the order to— (i) every person to whom copies of the previous related orders have been given, and (ii) any person other than one referred to in sub-paragraph (i) who is known to be affected by the order. (10) Where the applicant is a person other than an enforcement officer who is affected by the crypto wallet freezing order— (a) the court must give 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 varying or setting aside the crypto wallet freezing order to the persons mentioned in sub-paragraphs (i) and (ii) of paragraph (9)(b).
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