131ZBCryptoassets

1

This section applies to cryptoassets which—

a

are held by a person, and

b

are held in a crypto wallet administered by a UK-connected cryptoasset service provider,

but only so far as the cryptoassets are free property.

2

Subsection (3) applies if—

a

a confiscation order is made against a person holding cryptoassets to which this section applies, and

b

an administrator has not been appointed under section 128 in relation to the cryptoassets.

3

The sheriff may order the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held—

a

to realise the cryptoassets, or a portion of the cryptoassets having a specified value,

b

to pay the proceeds of that realisation to the appropriate clerk of court on account of, and up to a maximum of, the amount payable under the confiscation order, and

c

to the extent that the proceeds of the realisation exceed the amount payable under the confiscation order, to pay the excess to an appropriate officer identified in the order.

4

In subsection (3)—

• “appropriate clerk of court” means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);

• “appropriate officer” has the same meaning as in section 120A.

5

An order under subsection (3) may be made—

a

on the application of the prosecutor, or

b

by the sheriff of the sheriff’s own accord.

6

Where a UK-connected cryptoasset service provider—

a

is required by an order under subsection (3) to realise a portion of cryptoassets having a specified value, but

b

on realising cryptoassets under the order, obtains proceeds of an amount which differs from that value,

it does not fail to comply with the order solely because of that difference in value, provided that it took reasonable steps to obtain proceeds equal to the value specified.

131ZCMeaning of “UK-connected cryptoasset service provider”

1

“UK-connected cryptoasset service provider” in section 131ZB means a cryptoasset service provider which—

a

is acting in the course of business carried on by it in the United Kingdom,

b

has terms and conditions with the persons to whom it provides services which provide for a legal dispute to be litigated in the courts of a part of the United Kingdom,

c

holds in the United Kingdom any data relating to the persons to whom it provides services, or

d

meets the condition in subsection (2).

2

The condition in this subsection is that—

a

the cryptoasset service provider has its registered office or, if it does not have one, its head office in the United Kingdom, and

b

the day-to-day management of the provider’s business is the responsibility of that office or another establishment maintained by it in the United Kingdom.

3

“Cryptoasset service provider” in subsections (1) and (2) includes a cryptoasset exchange provider and a custodian wallet provider; and for this purpose—

• “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

  1. a

     exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets;

  2. b

     exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another;

  3. c

     operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;

• “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—

  1. a

     cryptoassets on behalf of its customers, or

  2. b

     private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

4

In the definition of “cryptoasset exchange provider” in subsection (3), “cryptoasset” includes a right to, or interest in, a cryptoasset.

5

The Secretary of State may by regulations amend the definitions in subsection (3) (including by amending subsection (4)).

6

The Secretary of State must consult the Scottish Ministers before making regulations under subsection (5).