Part 5

Civil recovery of the proceeds etc. of unlawful conduct
CHAPTER 3E

Forfeiture of cryptoassets following detention or freezing order

Forfeiture orders

Associated and joint property
303Z43
1
Sections
303Z44
and
303Z45
apply if—
a
an application is made under section
303Z41
in respect of cryptoassets,
b
the court or sheriff is satisfied that some or all of the cryptoassets are recoverable property or are intended by any person for use in unlawful conduct, and
c
there exists property that is associated with the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in paragraph (b).
2
Sections
303Z44
and
303Z45
also apply in England and Wales and Northern Ireland if—
a
an application is made under section
303Z41
in respect of cryptoassets,
b
the court is satisfied that some or all of the cryptoassets are recoverable property, and
c
the cryptoassets in relation to which the court is satisfied as mentioned in paragraph
(b)
belong to joint tenants and one of the tenants is an excepted joint owner.
3
In this section and sections
303Z44
and
303Z45
“
associated property
” means property of any of the following descriptions that is not itself the forfeitable property—
a
any interest in the forfeitable property;
b
any other interest in the property in which the forfeitable property subsists;
c
if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property.
References to property being associated with forfeitable property are to be read accordingly.
4
In this section and sections
303Z44
and
303Z45
, the “
forfeitable property
” means the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in subsection
(1)(b)
or
(2)(b)
(as the case may be).
Pt. 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, 7.11.2024 for S. 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); S.I. 2024/1108, reg. 2
Pt. 5 Ch. 3E applied (with modifications) (26.4.2025) by S.I. 2005/3181, art. 213Z21 (as inserted by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 14)