Stephen Kinnock
MP for Aberafan Maesteg · Labour · United Kingdom
“I thank the shadow Secretary of State for her kind words and look forward to our exchanges across the Dispatch Box. I am ready to engage with her on getting the maximum benefits for the people of Wales.”
“I thank the right hon. Lady and look forward to working with her. My understanding is that there were challenges around the helicopter capability. Decisions were taken by Natural Resources Wales some time ago to change the way that the tendering for helicopter capability works. We certainly need to look at that.”
“I thank my right hon. Friend for his question. Like him, I pay tribute to all those involved in the collective and heroic response to the wildfires.”
“I thank the right hon. Lady for her question. Many of the ideas coming forward for devolving power right across our United Kingdom, beyond Cardiff Bay and Holyrood, are very exciting, and I look forward to exploring them with her.”
“Just to be clear, this is not about staying out of the issue; it is about respecting the devolution settlement, but being prepared to work constructively where we can in partnership with the Welsh Government. The hon.”
“I know about and welcome the right hon. Gentleman’s strong connections to Wales. I recognise the connectivity benefits that WSMR’s proposal could deliver, particularly for passengers in Wales and the west midlands.”
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“(2) Where an order under paragraph 10Z7CD is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10Z7CA that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under paragraph 10Z7CD(6). (3) An appeal under this paragraph lies— (a) in relation to England and Wales, to the Crown Court; (b) in relation to Scotland, to the Sheriff Appeal Court; (c) in relation to Northern Ireland, to a county court. (4) An appeal under this paragraph must be made before the end of the period of 30 days starting with the day on which the court or sheriff makes the order or decision. (5) Sub-paragraph (4) is subject to paragraph 10Z7CH. (6) The court hearing the appeal may make any order it thinks appropriate.”
“(4) Sub-paragraph (3) of paragraph 10Z7AF applies for the purposes of sub-paragraph (3) as it applies for the purposes of that paragraph. Paragraphs 10Z7CA to 10Z7CE: appeals 10Z7CG (1) Any party to proceedings for an order for the forfeiture of cryptoassets under paragraph 10Z7CA may appeal against— (a) the making of an order under paragraph 10Z7CA; (b) the making of an order under paragraph 10Z7CE(7); (c) a decision not to make an order under paragraph 10Z7CA unless the reason that no order was made is that an order was instead made under paragraph 10Z7CD; (d) a decision not to make an order under paragraph 10Z7CE(7). Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10Z7CA was transferred in accordance with paragraph 10Z7CE(1).”
“(2) The person who made the application under paragraph 10Z7CA may apply without notice to the court or sheriff that made the decision referred to in sub-paragraph (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 sub-paragraph (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 sub-paragraph (2), or (b) if within that period of 48 hours an appeal is brought (whether under paragraph 10Z7CG or otherwise) against the decision referred to in sub-paragraph (1), the time when the appeal is determined or otherwise disposed of.”
“(13) Compensation to be paid by virtue of sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10Z7CM. Continuation of crypto wallet freezing order pending appeal 10Z7CF (1) This paragraph applies where, on an application under paragraph 10Z7CA 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 paragraph 10Z7CA(3) in relation to some but not all of the cryptoassets to which the application related, or (ii) not to make an order under paragraph 10Z7CA(3), or (b) if the application is transferred in accordance with paragraph 10Z7CE(1), the High Court or Court of Session decides— (i) to make an order under paragraph 10Z7CE(3) in relation to some but not all of the cryptoassets to which the application related, or (ii) not to make an order under paragraph 10Z7CE(3).”
“(11) If the appropriate court, the magistrates’ court or the sheriff (as the case may be) is satisfied that— (a) the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of— (i) the seizure of the forfeitable property under paragraph 10Z7AD and its subsequent detention, or (ii) the making of the crypto wallet freezing order under paragraph 10Z7BB, and (b) the circumstances are exceptional, an order under sub-paragraph (6) or (7) may require the payment of compensation to that person. (12) The amount of compensation to be paid by virtue of sub-paragraph (11) is the amount the appropriate court, the magistrates’ court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances.”
“(10) In making an order under sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (9), the appropriate court, the magistrates’ court or the sheriff (as the case may be) must have regard to— (a) the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may be) of that person’s share (including any value that cannot be assessed in terms of money), and (b) the interest of the person who applied for the order under paragraph 10Z7CA in realising the value of the forfeitable property.”
“(8) An order under sub-paragraph (6) or (7) may be made only if the appropriate court, the magistrates’ court or the sheriff (as the case may be) thinks it just and equitable to do so. (9) An order under sub-paragraph (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner.”
“(6) The appropriate court may, as well as making an order under sub-paragraph (3), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner‘s interest to be extinguished, or (b) providing for the excepted joint owner‘s interest to be severed. (7) Where (under sub-paragraph (1)) the magistrates’ court or sheriff decides not to transfer an application made under paragraph 10Z7CA to the appropriate court, the magistrates’ court or sheriff may, as well as making an order under paragraph 10Z7CA(3), make an order— (a) providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner‘s interest to be extinguished, or (b) providing for the excepted joint owner‘s interest to be severed.”
“(3) Where (under sub-paragraph (1)) an application made under paragraph 10Z7CA is transferred to the appropriate court, the appropriate court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that what is to be forfeited— (a) is within subsection (1)(a) or (b) of section 1, or (b) is property earmarked as terrorist property. (4) An order under sub-paragraph (3) made by the High Court may include provision of the type that may be included in an order under paragraph 10Z7CA(3) made by a magistrates’ court by virtue of paragraph 10Z7CA(4). (5) If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10Z7CA(5) and (6) apply with the necessary modifications.”
“Associated and joint property: default of agreement 10Z7CE (1) Where this paragraph applies and there is no agreement under paragraph 10Z7CD, the magistrates’ court or sheriff may transfer the application made under paragraph 10Z7CA to the appropriate court. (2) The “appropriate court” is— (a) the High Court, where the application under paragraph 10Z7CA was made to a magistrates’ court; (b) the Court of Session, where the application under paragraph 10Z7CA was made to the sheriff.”
“(11) An amount received under an order under sub-paragraph (1) must be applied as follows— (a) first, it must be applied in making any payment of legal expenses which, after giving effect to sub-paragraph (7), are payable under this sub-paragraph in pursuance of provision under sub-paragraph (6); (b) second, it must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the forfeitable property and any associated property whilst detained under this Schedule; (c) third, it must be paid— (i) if the order was made by a magistrates’ court, into the Consolidated Fund; (ii) if the order was made by the sheriff, into the Scottish Consolidated Fund.”
“(9) If there is more than one item of associated property or more than one excepted joint owner, the total amount to be paid under sub-paragraph (1), and the part of that amount which is to be provided by each person who holds any such associated property or who is an excepted joint owner, is to be agreed between both (or all) of them and the person who applied for the order under paragraph 10Z7CA. (10) If the person who applied for the order under paragraph 10Z7CA was an authorised officer, that person may enter into an agreement for the purposes of any provision of this paragraph only if the person is a senior officer or is authorised to do so by a senior officer.”
“(7) A sum in respect of a relevant item of expenditure is not payable under sub-paragraph (11) in pursuance of provision under sub-paragraph (6) unless— (a) the person who applied for the order under paragraph 10Z7CA agrees to its payment, or (b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount. (8) For the purposes of sub-paragraph (7)— (a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (1) had instead been a recovery order made under section 266 of that Act; (b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.”
“(4) The reduction that is permissible by virtue of sub-paragraph (3) is such amount as the parties to the agreement agree is reasonable, having regard to the loss suffered and any other relevant circumstances. (5) An order under sub-paragraph (1) may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing any interest in property. (6) An order under sub-paragraph (1) made by a magistrates’ court may provide for payment under sub-paragraph (11) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— (a) the proceedings in which the order is made, or (b) any related proceedings under this Part.”
“(2) The amount of the payment is (subject to sub-paragraph (3)) to be the amount which the persons referred to in sub-paragraph (1)(b) agree represents— (a) in a case where this paragraph applies by virtue of paragraph 10Z7CC(1), the value of the forfeitable property; (b) in a case where this paragraph applies by virtue of paragraph 10Z7CC(2), the value of the forfeitable property less the value of the excepted joint owner’s share. (3) The amount of the payment may be reduced if the person who applied for the order under paragraph 10Z7CA agrees that the other party to the agreement has suffered loss as a result of— (a) the seizure of the forfeitable property under paragraph 10Z7AD and its subsequent detention, or (b) the making of a crypto wallet freezing order under paragraph 10Z7BB.”
“Agreements about associated and joint property 10Z7CD (1) Where— (a) this paragraph applies, and (b) the person who applied for the order under paragraph 10Z7CA (on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree, the magistrates’ court or sheriff may, instead of making an order under paragraph 10Z7CA(3), make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order.”
“(5) For the purposes of this paragraph and paragraphs 10Z7CD and 10Z7CE— (a) an excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against them) be earmarked, and (b) references to the excepted joint owner’s share of property are to so much of the property as would have been theirs if the joint tenancy had been severed.”
“(3) In this paragraph and paragraphs 10Z7CD and 10Z7CE, “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 paragraph and paragraphs 10Z7CD and 10Z7CE, the “forfeitable property” means the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in sub-paragraph (1)(b) or (2)(b) (as the case may be).”
“(2) Paragraphs 10Z7CD and 10Z7CE also apply in England and Wales and Northern Ireland if— (a) an application is made under paragraph 10Z7CA in respect of cryptoassets, (b) the court is satisfied that some or all of the cryptoassets are earmarked as terrorist 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.”
“Associated and joint property 10Z7CC (1) Paragraphs 10Z7CD and 10Z7CE apply if— (a) an application is made under paragraph 10Z7CA in respect of cryptoassets, (b) the court or sheriff is satisfied that some or all of the cryptoassets are terrorist cryptoassets, 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).”
“(9) Regulations under sub-paragraph (7) may— (a) make different provision for different purposes; (b) make consequential, supplementary, incidental, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (10) A statutory instrument containing regulations under sub-paragraph (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
“(5) Where the application is determined or otherwise disposed of other than by the making of an order under paragraph 10Z7CA(3) or 10Z7CE(3), the crypto wallet freezing order ceases to have effect immediately after that determination or other disposal. (6) Sub-paragraphs (4)(b) and (5) are subject to paragraph 10Z7CF and Part 4BD. (7) The Secretary of State may by regulations made by statutory instrument amend this paragraph to make provision about the forfeiture of cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order. (8) Regulations under sub-paragraph (7) may in particular make provision about— (a) the process for the forfeiture of cryptoassets; (b) the realisation of forfeited cryptoassets; (c) the application of the proceeds of such realisation.”
“This is subject to Part 4BD (conversion to money) (3) Where an application is made under paragraph 10Z7CA in relation to cryptoassets held in a crypto wallet that is subject to a crypto wallet freezing order— (a) sub-paragraphs (4) and (5) apply, and (b) the crypto wallet freezing order is to continue to have effect until the time referred to in sub-paragraph (4)(b) or (5). (4) Where the cryptoassets are ordered to be forfeited under paragraph 10Z7CA(3) or 10Z7CE(3)— (a) the cryptoasset service provider that administers the crypto wallet must transfer the cryptoassets into a crypto wallet nominated by an authorised officer, and (b) immediately after the transfer has been made, the freezing order ceases to have effect.”
“Forfeiture: supplementary 10Z7CB (1) Sub-paragraph (2) applies where an application is made under paragraph 10Z7CA for the forfeiture of any cryptoassets detained in pursuance of an order under paragraph 10Z7AE or 10Z7AG. (2) The cryptoassets are to continue to be detained in pursuance of the order (and may not be released under any power conferred by this Schedule) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.”
“(6) For the purposes of sub-paragraph (5)— (a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (3) had instead been a recovery order made under section 266 of that Act; (b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations; (c) if the person who applied for the order under sub-paragraph (3) was an authorised officer, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer. (7) Sub-paragraph (3) ceases to apply on the transfer of an application made under this paragraph in accordance with paragraph 10Z7CE.”
“(4) An order under sub-paragraph (3) made by a magistrates’ court may provide for payment under paragraph 10Z7CJ of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— (a) the proceedings in which the order is made, or (b) any related proceedings under this Part. (5) A sum in respect of a relevant item of expenditure is not payable under paragraph 10Z7CJ in pursuance of provision under sub-paragraph (4) unless— (a) the person who applied for the order under sub-paragraph (3) agrees to its payment, or (b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.”
“Forfeiture 10Z7CA (1) This paragraph applies— (a) while any cryptoassets are detained in pursuance of an order under paragraph 10Z7AE or 10Z7AG, or (b) while a crypto wallet freezing order made under paragraph 10Z7BB has effect. (2) An application for the forfeiture of some or all of the cryptoassets that are detained or held in the crypto wallet that is subject to the crypto wallet freezing order may be made— (a) to a magistrates’ court by the Commissioners for His Majesty’s Revenue and Customs or an authorised officer, or (b) to the sheriff by the Scottish Ministers. (3) The court or sheriff may order the forfeiture of some or all of the cryptoassets if satisfied that the cryptoassets are terrorist cryptoassets.”
“Part 4BC Forfeiture of terrorist cryptoassets Interpretation 10Z7C (1) In this Part— “cryptoasset service provider” has the same meaning as in Part 4BB (see paragraph 10Z7B(1)); “crypto wallet freezing order” has the same meaning as in Part 4BB (see paragraph 10Z7B(6)); “senior officer” means— (a) a senior police officer; (b) 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; (c) an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer; “senior police officer” means a police officer of at least the rank of superintendent. (2) Paragraph 10Z7B(6)(b) (administration of crypto wallets) applies in relation to this Part as it applies in relation to Part 4BB.”
“(2) Before exercising the power conferred by sub-paragraph (1), the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court’s decision. (3) In relation to Scotland, the reference in sub-paragraph (1) to staying the proceedings is to be read as a reference to sisting the proceedings.”
“(8) The power to make exclusions must, subject to sub-paragraph (6), be exercised with a view to ensuring, so far as practicable, that there is not undue prejudice to the taking of any steps under this Schedule to forfeit cryptoassets that are terrorist cryptoassets. Restriction on proceedings and remedies 10Z7BE (1) If a court in which proceedings are pending in respect of a crypto wallet administered by a UK-connected cryptoasset service provider is satisfied that a crypto wallet freezing order has been applied for or made in respect of the crypto wallet, it may either stay the proceedings or allow them to continue on any terms it thinks fit.”
“(6) A magistrates’ court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Schedule— (a) must have regard to the desirability of the person being represented in any proceedings under this Schedule in which the person is a participant, and (b) must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made— (i) be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or (ii) be funded by the Department of Justice in Northern Ireland. (7) The sheriff’s power to make exclusions may not be exercised for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Schedule.”
“(5) Where a magistrates’ court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Schedule, it must ensure that the exclusion— (a) is limited to reasonable legal expenses that the person has reasonably incurred or that the person reasonably incurs, (b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and (c) is made subject to the same conditions as would be the required conditions (see section 286A of the Proceeds of Crime Act 2002) if the order had been made under section 245A of that Act (in addition to any conditions imposed under sub-paragraph (4)).”
“Exclusions 10Z7BD (1) The power to vary a crypto wallet freezing order includes (amongst other things) power to make exclusions from the prohibition on making withdrawals or payments from the crypto wallet to which the order applies. (2) Exclusions from the prohibition may also be made when the order is made. (3) An exclusion may (amongst other things) make provision for the purpose of enabling a person by or for whom the crypto wallet is administered— (a) to meet the person’s reasonable living expenses, or (b) to carry on any trade, business, profession or occupation. (4) An exclusion may be made subject to conditions.”
“Variation and setting aside of crypto wallet freezing order 10Z7BC (1) The relevant court may at any time vary or set aside a crypto wallet freezing order on an application made by— (a) an enforcement officer, or (b) any person affected by the order. (2) But an enforcement officer may not make an application under sub-paragraph (1) unless the officer is a senior officer or is authorised to do so by a senior officer. (3) Before varying or setting aside a crypto wallet freezing order the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision. (4) In relation to Scotland, the references in this paragraph to setting aside an order are to be read as references to recalling it.”
“(6) The relevant court may make an order under sub-paragraph (5) if satisfied that a request for assistance is outstanding in relation to some or all of the cryptoassets held in the crypto wallet. (7) A “request for assistance” in sub-paragraph (6) means a request for assistance in obtaining evidence (including information in any form or article) in connection with some or all of the cryptoassets held in the crypto wallet, made— (a) by a judicial authority in the United Kingdom under section 7 of the Crime (International Co-operation) Act 2003, or (b) by an enforcement officer, to an authority exercising equivalent functions in a foreign country. (8) A crypto wallet freezing order must provide for notice to be given to persons affected by the order.”
“(3) A crypto wallet freezing order ceases to have effect at the end of the period specified in the order (which may be varied under paragraph 10Z7BC) unless it ceases to have effect at an earlier or later time in accordance with this Part or Part 4BC or 4BD. (4) The period specified by the relevant court for the purposes of sub-paragraph (3) (whether when the order is first made or on a variation under paragraph 10Z7BC) may not exceed the period of 2 years, beginning with the day on which the crypto wallet freezing order is (or was) made; but this is subject to sub-paragraph (5). (5) The relevant court may make an order for the period of 2 years in sub-paragraph (4) to be extended to a period of up to 3 years beginning with the day on which the crypto wallet freezing order is (or was) made.”
“(5) An application for a crypto wallet freezing order under this paragraph may be combined with an application for an account freezing order under paragraph 10Q where a single entity— (a) is both a relevant financial institution for the purposes of paragraph 10Q and a cryptoasset service provider for the purposes of this Part, and (b) operates or administers, for the same person, both an account holding money and a crypto wallet. Making of crypto wallet freezing order 10Z7BB (1) This paragraph applies where an application for a crypto wallet freezing order is made under paragraph 10Z7BA in relation to a crypto wallet. (2) The relevant court may make the order if satisfied that there are reasonable grounds for suspecting that some or all of the cryptoassets held in the crypto wallet are terrorist cryptoassets.”
“(3) But— (a) an enforcement officer may not apply for a crypto wallet freezing order unless the officer is a senior officer or is authorised to do so by a senior officer, and (b) the senior officer must consult the Treasury before making the application for the order or (as the case may be) authorising the application to be made, unless in the circumstances it is not reasonably practicable to do so. (4) An application for a crypto wallet freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Schedule to forfeit cryptoassets that are terrorist cryptoassets.”
“(8) The condition in this sub-paragraph 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. Application for crypto wallet freezing order 10Z7BA (1) This paragraph applies if an enforcement officer has reasonable grounds for suspecting that cryptoassets held in a crypto wallet administered by a UK-connected cryptoasset service provider are terrorist cryptoassets. (2) Where this paragraph applies the enforcement officer may apply to the relevant court for a crypto wallet freezing order in relation to the crypto wallet in which the cryptoassets are held.”
“(7) In this Part— “enforcement officer” means— (a) a constable, or (b) a counter-terrorism financial investigator; “relevant court” means— (a) in England and Wales and Northern Ireland, a magistrates’ court, and (b) in Scotland, the sheriff; “senior officer” means a police officer of at least the rank of superintendent; “UK-connected cryptoasset service provider” 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 sub-paragraph (8).”
“(6) For the purposes of this Part— (a) a crypto wallet freezing order is an order that, subject to any exclusions (see paragraph 10Z7BD), prohibits each person by or for whom the crypto wallet to which the order applies is administered from— (i) making withdrawals or payments from the crypto wallet, or (ii) using the crypto wallet in any other way; (b) a crypto wallet is administered by or for a person if the person is the person to whom services are being provided by a cryptoasset service provider in relation to that crypto wallet.”
“(2) In the definition of “cryptoasset exchange provider” in sub-paragraph (1)— (a) “cryptoasset” includes a right to, or interest in, a cryptoasset; (b) “money” means— (i) money in sterling, (ii) money in any other currency, or (iii) money in any other medium of exchange, but does not include a cryptoasset. (3) The Secretary of State may by regulations made by statutory instrument amend the definitions in sub-paragraphs (1) and (2). (4) Regulations under sub-paragraph (3)— (a) may make different provision for different purposes; (b) may make consequential, supplementary, incidental, transitional, transitory or saving provision. (5) A statutory instrument containing regulations under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
“Part 4BB Terrorist cryptoassets: crypto wallet freezing orders Interpretation 10Z7B (1) In this Part— (a) “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— (i) exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets, (ii) exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or (iii) operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets; (b) “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— (i) cryptoassets on behalf of its customers, or (ii) private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets; (c) “cryptoasset service provider” includes cryptoasset exchange provider and custodian wallet provider.”
“(9) If (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the property is connected, the property is not to be released under this paragraph (and so is to continue to be detained) until the proceedings are concluded.”
“(7) The powers in sub-paragraph (6) may be exercised only— (a) where the authorised officer has taken reasonable steps to notify— (i) the person from whom the item was seized, and (ii) any other persons who the authorised officer has reasonable grounds to believe have an interest in the item, that the item has been released, and (b) with the approval of a senior officer. (8) Any proceeds of a disposal of the item are to be paid— (a) into the Consolidated Fund if— (i) the item was directed to be released by a magistrates’ court, or (ii) a magistrates’ court or justice was notified under sub-paragraph (4) of the release; (b) into the Scottish Consolidated Fund if— (i) the item was directed to be released by the sheriff, or (ii) the sheriff was notified under sub-paragraph (4) of the release.”
“(4) A person within sub-paragraph (5) may, subject to sub-paragraph (9) and after notifying the magistrates’ court, sheriff or justice under whose order property is being detained, release the whole or any part of the property if satisfied that the detention of the property to be released is no longer justified. (5) The following persons are within this sub-paragraph— (a) in relation to England and Wales and Northern Ireland, an authorised officer; (b) in relation to Scotland, a procurator fiscal. (6) If any cryptoasset-related item which has been released is not claimed within the period of a year beginning with the date on which it was released, an authorised officer may— (a) retain the item and deal with it as they see fit, (b) dispose of the item, or (c) destroy the item.”
“(2) An authorised officer must arrange for any cryptoassets seized under paragraph 10Z7AD to be safely stored throughout the period during which they are detained under this Part. Release of cryptoasset-related items and cryptoassets 10Z7AI (1) This paragraph applies while any cryptoasset or other item of property is detained under this Part. (2) A magistrates’ court or (in Scotland) the sheriff may, subject to sub-paragraph (9), direct the release of the whole or any part of the property if the following condition is met. (3) The condition is that the court or sheriff is satisfied, on an application by the person from whom the property was seized, that the conditions for the detention of the property in this Part are no longer met in relation to the property to be released.”
“(12) A “request for assistance” in sub-paragraph (11) means a request for assistance in obtaining evidence (including information in any form or article) in connection with the property to be further detained, made — (a) by a judicial authority in the United Kingdom under section 7 of the Crime (International Co-operation) Act 2003, or (b) by an authorised officer, to an authority exercising equivalent functions in a foreign country. (13) An order under sub-paragraph (1) must provide for notice to be given to persons affected by the order. Safekeeping of cryptoasset-related items and cryptoassets 10Z7AH (1) An authorised officer must arrange for any item of property seized under paragraph 10Z7AA to be safely stored throughout the period during which it is detained under this Part.”
“(10) Condition 3 is that there are reasonable grounds for suspecting that the cryptoassets are property earmarked as terrorist property and that either— (a) their continued detention is justified while their derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cryptoassets are connected, or (b) proceedings against any person for an offence with which the cryptoassets are connected have been started and have not been concluded. (11) The court or sheriff may make an order under sub-paragraph (4) if satisfied that a request for assistance is outstanding in relation to the cryptoassets to be further detained.”
“(9) Condition 2 is that there are reasonable grounds for suspecting that the cryptoassets consist of resources of an organisation which is a proscribed organisation and that either— (a) their continued detention is justified while investigation is made into whether or not they consist of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cryptoassets are connected, or (b) proceedings against any person for an offence with which the cryptoassets are connected have been started and have not been concluded.”