Rule 3 Application to convert detained cryptoassets

(1)

An application under section 303Z54(2) of the Act for an order under section 303Z54 requiring all of the detained cryptoassets to be converted into money must be made in writing to the court before which the applicant wishes to make the application, and must specify the grounds on which it is made.

(2)

But if the applicant has been given a copy of an order under section 303Z30(1) or section 303Z32(1) or (4) of the Act in respect of the detained cryptoassets, then the application must be sent to the court which sent the applicant the copy of that order.

(3)

Where the applicant is an enforcement officer, the applicant must send a copy of the application to every person to whom a copy of the most recent order under section 303Z30(1) or 303Z32(1) or (4) has been given.

(4)

Where the applicant is a person from whom the cryptoassets were seized—

(a)

the court must send copies of the application to the enforcement officer who seized the cryptoassets, and

(b)

the enforcement officer must send a copy of the application to every person to whom a copy of the most recent order under section 303Z30(1) or 303Z32(1) or (4) of the Act has been given.

(5)

The court must fix a date for a directions hearing, which, unless directed otherwise, must not be earlier than seven days from the date on which it is fixed.

(6)

Where the applicant is an enforcement officer—

(a)

the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant, and

(b)

the applicant must notify that date to every person to whom a copy of the application is required to be sent under paragraph (3).

(7)

Where the applicant is a person from whom the cryptoassets were seized—

(a)

the court must notify the date fixed for the directions hearing under paragraph (5) to the applicant and the enforcement officer who seized the cryptoassets, and

(b)

the enforcement officer must notify every person to whom a copy of the application is required to be sent under paragraph (3).

(8)

At the directions hearing, the court may give directions relating to the management of the proceedings, including directions as to the date for the hearing of the application.

(9)

If neither the person from whom the cryptoassets were seized, nor any other person who is affected by the detention of the cryptoassets, seeks to contest the application, the court may decide the application at the directions hearing.

(10)

Where the applicant is an enforcement officer—

(a)

the court must give copies of the order to the applicant, and

(b)

the applicant must send a copy of the order to—

(i)

every person to whom a copy of an order made under section 303Z30(1) or section 303Z32(1) or (4) of the Act in respect of the cryptoassets was sent, and

(ii)

any other person known to be affected by the order.

(11)

Where the applicant is a person from whom the cryptoassets were seized—

(a)

the court must give copies of the order to the applicant and to the enforcement officer who seized the cryptoassets, and

(b)

the enforcement officer must give a copy of the order to the persons mentioned in sub-paragraphs (i) and (ii) of paragraph (10)(b).