Paragraph 10Z7DL CompensationF1

(1)

This paragraph applies if no order is made under paragraph 10Z7DG in respect of converted cryptoassets detained under this Part.

(2)

Where this paragraph applies, the following may make an application to the relevant court for compensation—

(a)

a person to whom the relevant cryptoassets belonged immediately before they were seized;

(b)

a person from whom the relevant cryptoassets were seized;

(c)

a person by or for whom the crypto wallet mentioned in paragraph 10Z7DE (1) was administered immediately before the crypto wallet freezing order was made in relation to the crypto wallet.

(3)

If the relevant court is satisfied that—

(a)

the applicant has suffered loss as a result of—

(i)

the conversion of the relevant cryptoassets into money, or

(ii)

the detention of the converted cryptoassets, and

(b)

the circumstances are exceptional,

the relevant court may order compensation to be paid to the applicant.

(4)

The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.

(5)

If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for His Majesty’s Revenue and Customs.

(6)

If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a constable, the compensation is to be paid as follows—

(a)

in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;

(b)

in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;

(c)

in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(7)

If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by a counter-terrorism financial investigator, the compensation is to be paid as follows—

(a)

in the case of a counter-terrorism financial investigator who was—

(i)

a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)

a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met;

(b)

in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(8)

If the relevant cryptoassets were seized, or the relevant crypto wallet freezing order was applied for, by an immigration officer, the compensation is to be paid by the Secretary of State.

(9)

This paragraph does not apply if the relevant court makes an order under paragraph 10Z7DK.

(10)

In this paragraph—

“the relevant cryptoassets” means—
1. (a)
  in relation to converted cryptoassets detained under paragraph 10Z7DD, the cryptoassets mentioned in sub-paragraph (1) of that paragraph;
2. (b)
  in relation to converted cryptoassets detained under paragraph 10Z7DE, the cryptoassets mentioned in sub-paragraph (1) of that paragraph;
“the relevant crypto wallet freezing order”, in relation to converted cryptoassets detained under paragraph 10Z7DE, means the crypto wallet freezing order mentioned in sub-paragraph (1) of that paragraph.

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)