Paragraph 10Z7CJ Proceeds of realisationF1

(1)

This paragraph applies where any cryptoasset or other item of property is realised under paragraph 10Z7CI.

(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 paragraph 10Z7CE (9);

(b)

second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10Z7CA (5) (including as applied by paragraph 10Z7CE (5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10Z7CA (4) or, as the case may be, 10Z7CE (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 Schedule 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 paragraph 10Z7CI represents part only of an item of property, the reference in sub-paragraph (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.

Annotations

Textual amendments

F1: Sch. 1 Pts. 4BA-4BD inserted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 2; S.I. 2024/269, reg. 4(c)

Notes on Schedule 1

Textual amendments

F1: Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)