OpenLegislation

Paragraph 21 Extension to Crown Court of powers in relation to money, cryptoassets and personal propertyI1

Northern Ireland Not yet in force

(1)

The Proceeds of Crime Act 2002 is amended as follows.

(2)

In section 215 (money)—

(a)

in subsection (5), for “a magistrates’ court” substitute “the relevant court”;

(b)

in subsection (5B), for “a magistrates’ court” substitute “the relevant court”;

(c)

in subsection (6)(a), for “magistrates’ court” substitute “relevant court”;

(d)

in subsection (8), after the definition of “payment institution”, insert—

  • ““the relevant court” means—

    1. (a)

      the Crown Court, where—

      1. (i)

        the court that made the confiscation order on doing so also prepared an enforcement plan for the confiscation order (see section 163ZA) or determined that the Crown Court should be responsible for exercising the powers in this section, and

      2. (ii)

        the Crown Court has not, at the time of or since the preparation of the plan or since the determination of responsibility as mentioned in sub-paragraph (i), made an order determining that a magistrates’ court should be responsible for exercising the powers in this section;

    2. (b)

      a magistrates’ court, in any other case.”

(3)

In section 215ZA (cryptoassets)—

(a)

in subsection (3), in the words before paragraph (a), for “A magistrates’ court” substitute “The relevant court”;

(b)

in subsection (6), for “a magistrates’ court” substitute “the relevant court”;

(c)

in subsection (7)—

(i)

in paragraph (a), for “magistrates’ court” substitute “relevant court”;

(ii)

in paragraph (b), for “the court” substitute “a magistrates’ court”;

(d)

after subsection (9) insert—

“(10)

In this section “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the powers in this section.”

(4)

In section 215A (seized personal property)—

(a)

in subsection (3), for “a magistrates’ court” substitute “the relevant court”;

(b)

after subsection (3) insert—

“(3A)

In subsection (3) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(5)

In section 215AA (destruction of seized cryptoassets)—

(a)

in subsection (2), for “A magistrates’ court” substitute “The relevant court”;

(b)

after subsection (2) insert—

“(2A)

In subsection (2) “the relevant court” has the meaning given by section 215(8), but as if references in the definition to the powers in section 215 were references to the power in this section.”

(6)

In section 215B(1) (costs of storage and realisation), for “a magistrates’ court” substitute “a court”.

(7)

In section 217(2A) (powers of court and receiver etc), in paragraph (c) for “a magistrates’ court” substitute “a court”.

Annotations

Commencement

I1

Sch. 22 para. 21 not in force at Royal Assent, see s. 255(8)(m)