Part 5

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

Forfeiture of cryptoassets following detention or freezing order

Forfeiture orders

Proceeds of realisation
303Z49
1
This section applies where any cryptoasset or other item of property is realised under section
303Z48
.
2
The proceeds of the realisation must be applied as follows—
a
first, they must be applied in making any payment required to be made by virtue of section
303Z45
(9)
;
b
second, they must be applied in making any payment of legal expenses which, after giving effect to section
303Z41
(6)
(including as applied by section
303Z45
(5)
), are payable under this subsection in pursuance of provision under section
303Z41
(5)
or, as the case may be,
303Z45
(4)
;
c
third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part and in realising the property;
d
fourth, they must be paid—
i
if the property was forfeited by a magistrates’ court or the High Court, into the Consolidated Fund;
ii
if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund.
3
If what is realised under section
303Z48
represents part only of an item of property, the reference in subsection
(2)(c)
to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the property.
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)