Part 5U.K.Civil recovery of the proceeds etc. of unlawful conduct

[F1CHAPTER 3CU.K.Recovery of cryptoassets: searches, seizure and detention

Textual Amendments

F1Pt. 5 Chs. 3C-3F inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(c), Sch. 9 para. 1; S.I. 2024/269, reg. 4(b)(i)(ii)

DefinitionsU.K.

303Z20DefinitionsU.K.

(1)In this Part—

(a)cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

(b)crypto wallet” means—

(i)software,

(ii)hardware,

(iii)a physical item, or

(iv)any combination of the things mentioned in sub-paragraphs (i) to (iii),

which is used to store the cryptographic private key that allows cryptoassets to be accessed.

(2)The Secretary of State may by regulations amend the definitions of “cryptoasset” and “crypto wallet” in this section.

(3)The Secretary of State must consult the Scottish Ministers and the Department of Justice before making regulations under subsection (2).

(4)In this Chapter—

(a)enforcement officer” means—

(i)an officer of Revenue and Customs,

(ii)a constable,

(iii)an SFO officer, or

(iv)an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453;

(b)senior officer” means—

(i)an officer of Revenue and Customs of a rank designated by the Commissioners for His Majesty’s Revenue and Customs as equivalent to that of a senior police officer of at least the rank of inspector,

(ii)a senior police officer of at least the rank of inspector,

(iii)the Director of the Serious Fraud Office,

(iv)the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, or

(v)an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453.]