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Article 213Z19 Recovery of cryptoassets: searches, seizure and detentionF1

(1)

Chapter 3C of Part 5 of the Act applies for the purposes of this Part—

(a)

with the modifications set out in paragraphs (2) to (7), and

(b)

as if section 303Z25 were omitted.

(2)

Section 303Z20 (definitions) applies as if subsections (1), (2) and (3) were omitted.

(3)

Section 303Z21 (searches) applies as if for subsection (2) there were substituted—

“(2)

For the purposes of this Chapter, a “cryptoasset related item” is an item of property that is, or that contains or gives access to information that is, likely to assist in the seizure under this Part of cryptoassets that are—

(a)

the subject of an external request which has been referred or an external order which has been forwarded in accordance with article 213Z15 or 213Z16 of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005, and

(b)

recoverable property.”.

(4)

Section 303Z28 (further detention of seized cryptoasset related items) applies as if—

(a)

subsection (4) were omitted;

(b)

in subsection (5), “or (4)” were omitted;

(c)

subsections (7) and (8) were omitted.

(5)

Section 303Z29 (seizure of cryptoassets) applies as if in subsection (1), “or intended by any person for use in unlawful conduct” were omitted.

(6)

Section 303Z30 (prior authorisation for detention of cryptoassets) applies as if in subsection (3) “or intended by any person for use in unlawful conduct” were omitted.

(7)

Section 303Z32 (further detention of seized cryptoassets) applies as if—

(a)

subsection (4) were omitted,

(b)

in subsection (5), “or (4)” were omitted,

(c)

in subsection (6), “or intended by any person for use in unlawful conduct”, and

(d)

subsections (7) and (8) were omitted.

(8)

A Code of Practice made under section 303Z25 applies to the powers conferred by this article as it applies to the powers conferred by section 303Z21.

Annotations

Textual amendments

F1

Pt. 5C inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 14