The Magistrates’ Courts (Detention, Freezing and Forfeiture of Cryptoassets, and Miscellaneous Amendments) Rules 2024
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Change 1
14 Agreements about associated and joint property
(1) Where section 303Z44(1) of the Act applies (agreements about associated and joint property) and the parties agree, the court may order the person who holds the associated property or who is the excepted joint owner to make a payment to the person identified in the order. (2) Prior to the making of an order under section 303Z44(1) of the Act, the court must request and the parties must provide— (a) details of the proposed agreement between the parties as to the value of the forfeitable property; (b) details of any agreed reduction in the amount payable; (c) confirmation that the agreement is in writing, and (d) a draft order for the court’s consideration. (3) Where section 303Z44(1) of the Act applies but the court has not been notified that the parties agree that the court should make an order under section 303Z44(1), the court may give directions as to the date by which the parties are to communicate the details in paragraph (2) to the court. (4) A copy of an order under section 303Z44(1) of the Act must be given by the applicant for the order for forfeiture of the cryptoassets under section 303Z41(2) of the Act to— (a) every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act has been given, (b) every person to whom a copy of the application under section 303Z41(2) has been sent, and (c) any other person known to be affected by the order.
14 Agreements about associated and joint property
(1) Where section 303Z44(1) of the Act applies (agreements about associated and joint property) and the parties agree, the court may order the person who holds the associated property or who is the excepted joint owner to make a payment to the person identified in the order. (2) Prior to the making of an order under section 303Z44(1) of the Act, the court must request and the parties must provide— (a) details of the proposed agreement between the parties as to the value of the forfeitable property; (b) details of any agreed reduction in the amount payable; (c) confirmation that the agreement is in writing, and (d) a draft order for the court’s consideration. (3) Where section 303Z44(1) of the Act applies but the court has not been notified that the parties agree that the court should make an order under section 303Z44(1), the court may give directions as to the date by which the parties are to communicate the details in paragraph (2) to the court. (4) A copy of an order under section 303Z44(1) of the Act must be given by the applicant for the order for forfeiture of the cryptoassets under section 303Z41(2) of the Act to— (a) every person to whom a copy of an order made under any of sections 303Z30(1), 303Z32(1) or (4) or 303Z37(2) or (5) of the Act has been given, (b) every person to whom a copy of the application under section 303Z41(2) has been sent, and (c) any other person known to be affected by the order.
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