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Section 303Z38 Variation and setting aside of crypto wallet freezing orderF1

(1)

The relevant court may at any time vary or set aside a crypto wallet freezing order on an application made by—

(a)

an enforcement officer, or

(b)

any person affected by the order.

(2)

But an enforcement officer may not make an application under subsection (1) unless the officer is a senior officer or is authorised to do so by a senior officer.

(3)

Before varying or setting aside a crypto wallet freezing order the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(4)

In relation to Scotland, the references in this section to setting aside an order are to be read as references to recalling it.

Annotations

Textual amendments

F1

Pt. 5 Chs. 3C-3F inserted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b)(c), Sch. 9 para. 1; S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2

Notes on Chapter 3D

Modifications

C1

Pt. 5 Ch. 3D applied (with modifications) (26.4.2025) by S.I. 2005/3181, art. 213Z20 (as inserted 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)