Part 5

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

Forfeiture of cryptoassets following detention or freezing order

Forfeiture orders

Continuation of crypto wallet freezing order pending appeal
303Z46
1
This section applies where, on an application under section
303Z41
in relation to a crypto wallet to which a crypto wallet freezing order applies—
a
the magistrates’ court or sheriff decides—
i
to make an order under section 303Z41(4) in relation to some but not all of the cryptoassets to which the application related, or
ii
not to make an order under section 303Z41(4), or
b
if the application is transferred in accordance with section 303Z45(1), the High Court or Court of Session decides—
i
to make an order under section 303Z45(3) in relation to some but not all of the cryptoassets to which the application related, or
ii
not to make an order under section 303Z45(3).
2
The person who made the application under section
303Z41
may apply without notice to the court or sheriff that made the decision referred to in subsection (1) for an order that the crypto wallet freezing order is to continue to have effect.
3
Where the court or sheriff makes an order under subsection
(2)
the crypto wallet freezing order is to continue to have effect until—
a
the end of the period of 48 hours starting with the making of the order under subsection
(2)
, or
b
if within that period of 48 hours an appeal is brought (whether under section
303Z47
or otherwise) against the decision referred to in subsection (1), the time when the appeal is determined or otherwise disposed of.
4
Subsection
(3)
of section
303Z31
applies for the purposes of subsection
(3)
as it applies for the purposes of that section.
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)