Part 2 Scotland

Part 2 Scotland

Introductory

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Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland) is amended as follows.

Seizure of property

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In section 127B (conditions for exercise of seizure powers)—

(a)     in subsection (2), omit paragraph (b);

(b)     in subsection (3), omit paragraph (b).

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(1)     Section 127C (power to seize property) is amended as follows.

(2)     In subsection (2), after “not†insert “under subsection (1)â€.

(3)     After subsection (5) insert—

“(5A)     On being satisfied as mentioned in section 127B(1) an appropriate officer may seize any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item.

(5B)     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 subsection (1) of any cryptoasset.

(5C)     The circumstances in which a cryptoasset is “seized†for the purposes of subsection (1) include circumstances in which it is transferred into a crypto wallet controlled by the appropriate officer.

(5D)     If an appropriate officer is lawfully on any premises, the officer may, for the purpose of—

(a)     determining whether any property is a cryptoasset-related

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