Textual Amendments
F1Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)
Textual Amendments
F2Sch. 1 Pts. 4BA-4BD inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 2; S.I. 2024/269, reg. 4(c)
10Z7DG(1)This paragraph applies while any converted cryptoassets are detained under paragraph 10Z7DD or 10Z7DE.
(2)An application for the forfeiture of some or all of the converted cryptoassets may be made—
(a)to a magistrates’ court, by the Commissioners for His Majesty’s Revenue and Customs or an authorised officer;
(b)to the sheriff, by the Scottish Ministers.
(3)The court or sheriff may order the forfeiture of some or all of the converted cryptoassets if satisfied that the converted cryptoassets to be forfeited—
(a)are within subsection (1)(a) or (b) of section 1, or
(b)are property earmarked as terrorist property.
(4)But in the case of property which belongs to joint tenants, one of whom is an excepted joint owner, the order may not apply to so much of it as the court thinks is attributable to the excepted joint owner’s share.
(5)Where an application for forfeiture is made under this paragraph, the converted cryptoassets are to continue to be detained under paragraph 10Z7DD or 10Z7DE (and may not be released under any power conferred by this Part) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
(6)For the purposes of this paragraph—
(a)an excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against them) be earmarked, and
(b)references to the excepted joint owner’s share of property are to so much of the property as would have been theirs if the joint tenancy had been severed.]