- appropriate address
has the meaning given by section 86(2);
- appropriate chief clerk
has the same meaning as in section 202(7);
- appropriate clerk of court
means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1);
- appropriate email address
has the meaning given by section 88A(2). 5 Regulations under this section are subject to negative resolution procedure.”
- Appropriate officer
has the same meaning as in section 41A. 4 A person applying for an order under subsection (3) must give notice of the application to the UK-connected cryptoasset service provider. 5 Where the crypto wallet in which the cryptoassets are held is administered on behalf of someone other than the person against whom the confiscation order is made, a magistrates’ court— a may make an order under subsection (3) only if the extent of the person’s interest in the money has been determined under section 10A, and b must have regard to that determination in deciding what is the appropriate order to make. 6 If a UK-connected cryptoasset service provider fails to comply with an order under subsection (3)— a the magistrates’ court may order it to pay an amount not exceeding £5,000, and b for the purposes of the Magistrates’ Courts Act 1980 the sum is to be treated as adjudged to be paid by a conviction of the court. 7 In order to take account of changes in the value of money the Secretary of State may by order substitute another sum for the sum for the time being specified in subsection (6)(a). 8 Where a UK-connected cryptoasset service provider— a is required by an order un
- associated property
means property of any of the following descriptions that is not itself the forfeitable property— a any interest in the forfeitable property;
- authorised corporate service provider
means a person— a whose application to the registrar to become an authorised corporate service provider for the purposes of this Act has been granted (see section 1098B), b who has not since ceased to be an authorised corporate service provider by virtue of section 1098F, and c whose status as an authorised corporate service provider is not for the time being suspended by virtue of section 1098F. 1098B 1 A person may apply to the registrar to become an authorised corporate service provider for the purposes of this Act if— a the person is a relevant person as defined by regulation 8(1) of the Money Laundering Regulations, b in the case of an individual, their identity is verified (see section 1110A), and c the person meets any other requirements imposed by regulations made by the Secretary of State for the purposes of this paragraph. 2 An application under this section must contain— a the name of the applicant’s supervisory authority or authorities for the purposes of the Money Laundering Regulations, b the required information about the applicant (see section 1098C), and c in the case of an application by an individual, a statement that the i
- authorised NCA officer
means a National Crime Agency officer authorised by the Director General (whether generally or specifically) for the purposes of this section;” “• “the criminal intelligence function” has the meaning given by section 1(5) of the Crime and Courts Act 2013;” “• “foreign FIU” means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);”
- balance sheet total
(in relation to a relevant body and a financial year) has the same meaning as in section 201;
- body corporate
has the same meaning as in the Companies Acts (see section 1173 of the Companies Act 2006);”;” “• “managing officer”— (a) in relation to a company, means a director or shadow director;
- business relationship
means a business, professional or commercial relationship between a person carrying on relevant business and a customer or client which—
- company
includes an overseas company;
- conduct
means an act or omission;
- confirmation statement
has the meaning given by section 853A of the Companies Act 2006;
- corporate managing officer
means a managing officer that is a legal entity;”
- corporate officer
means an officer that is not an individual.”
- court
includes a tribunal;
- credit reference agency
means a person carrying on a business comprising the provision of information relevant to the financial standing of individuals, being information collected by the agency for that purpose;
- crime
means conduct which— i constitutes a criminal offence, or ii is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and b crime is “serious” if— i the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for 3 years or more, or ii the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.”
- crypto wallet
has the meaning given by section 303Z20;” “• “justice of the peace”, in relation to Northern Ireland, means lay magistrate;”
- crypto wallet freezing order
has the same meaning as in Chapter 3D (see section 303Z36);
- cryptoasset
means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. 1AE For the purposes of sub-paragraph (1AB)— a “cryptoasset” includes a right to, or interest in, the cryptoasset;
- cryptoasset exchange provider
means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— a exchanging or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets, b exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or c operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets. 1AC For the purposes of sub-paragraph (1)(k), “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— a cryptoassets on behalf of its customers, or b private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets. 1AD For the purposes of sub-paragraphs (1AB) and (1AC), “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored
- cryptoasset service provider
includes cryptoasset exchange provider and custodian wallet provider. 2 In the definition of “cryptoasset exchange provider” in sub-paragraph (1)— a “cryptoasset” includes a right to, or interest in, a cryptoasset;
- Cryptoasset-related item
has the meaning given in section 127C(5B). 4 The circumstances in which a cryptoasset is taken to be “destroyed” include circumstances where it is— a disposed of, b transferred, or c otherwise dealt with, in such a way as to ensure, or to make it virtually certain, that it will not be the subject of any further transactions or be dealt with again in any other way. 5 The Secretary of State may by regulations amend the definitions of “cryptoasset” and “crypto wallet” in this section. 6 The Secretary of State must consult the Scottish Ministers before making regulations under subsection (5).”
- custodial wallet provider
has the meaning given by paragraph 1(12)(b) of Schedule 9 to the Proceeds of Crime Act 2002;
- custodian wallet provider
means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— i cryptoassets on behalf of its customers, or ii private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets;
- customer due diligence duties
means all duties imposed on P in relation to the customer or client by regulation 28(2), (3), (3A), (4), (8) or (10) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692) (customer due diligence measures).”
- customer due diligence measures
has the meaning given by regulation 3(1) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692);
- deposit-taking body
means— (a) a business which engages in the activity of accepting deposits, or (b) the National Savings Bank;
- deproscription order
means an order under section 3(3)(b) or (8) of the Terrorism Act 2000. 10Z7CI 1 This paragraph applies where any cryptoasset or other item of property is forfeited under this Part. 2 An authorised officer must— a realise the property, or b make arrangements for its realisation.
- disqualified person
means a person who is disqualified under the directors disqualification legislation (see section 159A(2)). 7 The Secretary of State may by regulations amend this section for the purposes of changing who may deliver a document to the registrar on behalf of a disqualified person. 8 Regulations under subsection (7) are subject to the affirmative procedure.”
- economic crime
has the meaning given by section 193(1);
- electronic money institution
has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations);” “• “payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));” “• “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution;”
- enactment
includes— (a) an enactment contained in subordinate legislation (as defined in section 21 of the Interpretation Act 1978);
- enforcement officer
means— i an officer of Revenue and Customs, ii a constable, iii an SFO officer, or iv an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453;
- exempt property
has the meaning given in section 47C(4) (reading references there to the defendant as references to the person by whom the property is held);”
- Financial year
means— a the period beginning with the day on which this section came into force and ending with the next 31 March (which is the first financial year), and b each subsequent period of 12 months beginning with 1 April. 3 The report must give the appointed person’s opinion as to the circumstances and manner in which the powers conferred by section 303Z21 are being exercised in cases where the enforcement officer who exercised them is required to give a report under section 303Z23(4). 4 In the report, the appointed person may make any recommendations they consider appropriate. 5 The appointed person must send a copy of the report to whichever of the Secretary of State, the Scottish Ministers or the Department of Justice appointed the person. 6 The Secretary of State must lay a copy of any report the Secretary of State receives under this section before Parliament and arrange for it to be published. 7 The Scottish Ministers must lay a copy of any report they receive under this section before the Scottish Parliament and arrange for it to be published. 8 The Department of Justice must lay a copy of any report it receives under this section before the Northern Ireland Ass
- firm
has the meaning given by section 1173(1) of the Act. 4 Sections 1121 to 1123 of the Act (liability of officers default: interpretation etc) apply for the purposes of paragraph (2) as they apply for the purposes of provisions of the Companies Acts. 5 A person guilty of an offence under this regulation is liable— a on summary conviction in England and Wales, to a fine;
- foreign FIU
means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);”
- forfeitable property
means the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in subsection (1)(b) or (2)(b) (as the case may be). 303Z44 1 Where— a this section applies, and b the person who applied for the order under section 303Z41 (on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree, the magistrates’ court or sheriff may, instead of making an order under section 303Z41(4), make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order. 2 The amount of the payment is (subject to subsection (3)) to be the amount which the persons referred to in subsection (1)(b) agree represents— a in a case where this section applies by virtue of section 303Z43(1), the value of the forfeitable property;
- former name
means a name by which the individual was formerly known for business purposes;
- Fraud offence
has the meaning given by section 199(6).
- group
means a parent undertaking and its subsidiary undertakings;
- HMRC
means the Commissioners for His Majesty’s Revenue and Customs. 10 Regulations under this section are subject to the affirmative resolution procedure.”
- Individual membership information
means information that— a relates to an individual who is a member or former member of the company, and b is required to be entered in the company’s register of members or index of members’ names. 3 Regulations under subsection (1)(b) may make provision as to— a who may make an application;
- legal entity
means a body corporate or other entity that (in each case) is a legal person under the law by which it is governed;” “• “service address” has the same meaning as in the Companies Acts (see section 1141(1) and (2) of the Companies Act 2006).”
- limited partnership
means a firm that is registered as a limited partnership under this Act (for the only circumstances in which a firm can cease to be registered as a limited partnership under this Act while remaining a firm see section 26 (voluntary deregistration));”
- managing officer
has the meaning given by section 3(1) of the Limited Partnerships Act 1907;
- Modify
includes amend or repeal (and references to modifications are to be interpreted accordingly).
- money
means— i money in sterling, ii money in any other currency, or iii money in any other medium of exchange, but does not include a cryptoasset. 1AF The Secretary of State may by regulations amend the definitions in sub-paragraphs (1AB) to (1AE).””
- Money Laundering Regulations
means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692);
- name
means the individual’s forename and surname. 4 Where a director (or proposed director) is a peer or an individual usually known by a title, any requirement imposed by this Act to provide the individual’s name because it forms part of the required information may be satisfied by providing that title instead of the individual’s forename and surname. 5 The Secretary of State may by regulations— a amend this section so as to change the required information about a director (or proposed director) who is an individual;
- named contact
has the meaning given by section 8K(5). 8P 1 If a general partner fails to comply with section 8K, 8M, 8N or 8O an offence is committed by— a the general partner, and b if the general partner is a legal entity, any of its managing officers who is in default. 2 A person guilty of an offence under this section is liable on summary conviction— a in England and Wales, to a fine;
- non-traded company
means a company that is not a traded company;
- notifiable change
means a change mentioned in section 8N(1), 8R(1), 8S(1) to (3) or 10A(2) that occurred during the review period. 10E 1 The Secretary of State may by regulations make further provision about the matters that must be confirmed in a confirmation statement delivered under section 10D(1). 2 The regulations may— a amend or repeal the provisions of section 10D, and b provide for exceptions from the requirements of that section as it has effect from time to time. 3 Regulations under this section are subject to the affirmative resolution procedure. 10F 1 If the general partners fail to comply with section 10D(1) an offence is committed by each general partner who is in default. 2 But where the general partner is a legal entity, it does not commit an offence as a general partner in default unless one of its managing officers is in default. 3 Where any such offence is committed by a general partner that is a legal entity, or any such offence is by virtue of this subsection committed by a managing officer that is a legal entity, any managing officer of the legal entity also commits the offence if— a the managing officer is an individual who is in default, or b the managing
- number of employees
means the average number of persons employed by the relevant body in year P, determined as follows—
- Parent undertaking
has the same meaning as in the Companies Acts (see section 1162 of the Companies Act 2006).
- Partnership
means—
- payment institution
means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752));” “• “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution;”
- permission of a court to act
means permission of a court under a provision mentioned in column 2 of the table in section 159A(2);
- person who is subject to director disqualification sanctions
means a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is a person subject to director disqualification sanctions for the purposes of this section and Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (see section 3A of the Sanctions and Anti-Money Laundering Act 2018).”
- pre-incorporation change
means a change that occurred— (a) after the application for the registration of the company was delivered to the registrar, but (b) before the company was incorporated;
- prevention procedures
means procedures designed to prevent persons associated with the body from committing fraud offences.
- primary legislation
means—
- privileged disclosure
means a disclosure of information made by a professional legal adviser or relevant professional adviser in circumstances where the information disclosed came to the adviser in privileged circumstances.
- privileged information
means information which a person would be entitled to refuse to provide— a in England and Wales and Northern Ireland, on grounds of legal professional privilege in proceedings in the High Court;
- protected date of birth information
means information as to the day of the month (but not the month or year) on which an individual who is a registrable beneficial owner or managing officer of an overseas entity was born;
- protected residential address information
means information as to the usual residential address of an individual who is a registrable beneficial owner or managing officer of an overseas entity;
- protected trusts information
means— (a) the required information about a trust (see sections 4(3)(a), 7(3)(a) and (4)(a) and 9(3)(a) and (4)(a) and paragraphs 3(2)(a), 4(2)(a) and 5(2)(a) of Schedule 6), or (b) any information required by virtue of section 7(3)(c) or (4)(c) or 9(3)(c) or (4)(c) or paragraph 4(2)(c) of Schedule 6 (information about beneficiaries). 3 Information about a registrable beneficial owner or managing officer does not cease to be protected date of birth information or protected residential address information when they cease to be a registrable beneficial owner or managing officer. 4 Where subsection (1), or a provision referred to in subsection (1), imposes a restriction by reference to material deriving from a particular description of document (or part of a document), that does not affect the availability for public inspection of the same information contained in material derived from another description of document (or part of a document) in relation to which no such restriction applies. 5 The registrar need not retain material to which subsection (1) applies for longer than appears to the registrar reasonably necessary for the purposes for which the m
- public authority
includes any person or body having functions of a public nature. 1110G 1 Except as provided by subsection (2), the disclosure of information under section 1110E or 1110F does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 2 Sections 1110E and 1110F do not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by those sections). 3 HMRC information may not be disclosed by the registrar under section 1110F without authorisation from HMRC. 4 If the registrar discloses HMRC information under section 1110F, the information must not be disclosed by the recipient, or by any person obtaining the information directly or indirectly from them, without authorisation from HMRC. 5 It is an offence for a person to disclose, in contravention of subsection (3) or (4), any revenue and customs information relating to a person whose identity— a is specified in the disclosure, or b can be deduced from it. 6 It is a defence for a
- qualifying estate
has the meaning given by paragraph 1 of Schedule 4A to the Land Registration Act 2002. 4 In sub-paragraph (1)(i)— • “registered owner”, in relation to a qualifying estate, means the person registered in the register kept under the Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.)) as the owner of the estate;
- qualifying Scottish partnership
means a partnership, other than a limited partnership, that— (a) is constituted under the law of Scotland, and (b) is a qualifying partnership with the meaning given by regulation 3 of the Partnership (Accounts) Regulations 2008;
- registered officer
has the meaning given by section 8K(4). 8N 1 A general partner that is a legal entity must give notice to the registrar if a legal entity becomes a corporate managing officer of the general partner. 2 A general partner that is a legal entity must give notice to the registrar if a legal entity became a corporate managing officer of the general partner— a after the application for registration of the limited partnership in which the entity is a general partner was delivered to the registrar under section 8A, but b before the limited partnership was registered. 3 A notice under this section must include a statement specifying the name of the proposed named contact for the corporate managing officer. 4 The proposed named contact for a corporate managing officer must be an individual who is a managing officer of the corporate managing officer. 5 The statement must— a contain the required information about the proposed named contact specified in the statement (see Part 4 of the Schedule), and b be accompanied by a statement by the proposed named contact confirming that the proposed named contact is a managing officer of the corporate managing officer. 6 A notice unde
- registrable person
has the meaning given by section 790C, except that it does not include a person mentioned in section 790C(12)(a) to (d) (see also section 790J);
- registrable relevant legal entity
has the meaning given by section 790C (see also section 790J);
- relevant action
means any of the following— a publishing a draft code of practice;
- Relevant body
has the meaning given by section 199(13).
- relevant business
means—
- relevant company
means each company given notice under section 245(2)(b).”
- relevant court
means— (a) in England and Wales and Northern Ireland, a magistrates’ court, and (b) in Scotland, the sheriff;
- Relevant date of birth information
means— a information as to the day of the month (but not the month or year) on which a director (or proposed director) was born;
- relevant direction
means a direction under section 67, 75, 76A or 76B, other than a direction under section 76B(1)(b) given on the basis that, at the time at which a company’s name was registered, the Secretary of State had proper grounds for forming the opinion mentioned in section 57A.”
- relevant entity
means— a a limited partnership registered under the Limited Partnerships Act 1907;
- relevant financial institution
has the same meaning as in Part 4B (see paragraph 10Q);
- relevant former name
means any former name other than— a in the case of a peer, or an individual normally known by a British title, the name by which the individual was known previous to the adoption of or succession to the title, or b in the case of any person— i a former name which was changed or disused before the person attained the age of 16 years, ii a former name which has been changed or disused for 20 years or more, or iii a former name which the registrar is required to refrain from making available for public inspection or from disclosing (or both) by virtue of regulations under section 1088(1)(a) or (b). 3 In this section— • “former name” means a name by which the individual was formerly known for business purposes;
- relevant information
means— a a description of— i the process undertaken in order to comply with subsection (10)(a) in relation to the Scottish Ministers or the Department of Justice (as the case may be), and ii any agreement, objection or other views expressed as part of that process by the Scottish Ministers or the Department of Justice (as the case may be), and b an explanation of whether and how such views have been taken into account in the regulations (including, in a case where the Secretary of State proposes to make the regulations despite an objection, an explanation of the reasons for doing so). 303Z43 1 Sections 303Z44 and 303Z45 apply if— a an application is made under section 303Z41 in respect of cryptoassets, b the court or sheriff is satisfied that some or all of the cryptoassets are recoverable property or are intended by any person for use in unlawful conduct, and c there exists property that is associated with the cryptoassets in relation to which the court or sheriff is satisfied as mentioned in paragraph (b). 2 Sections 303Z44 and 303Z45 also apply in England and Wales and Northern Ireland if— a an application is made under section 303Z41 in respect of cryptoa
- relevant market
has the meaning given by section 853E(6);
- relevant money laundering offence
means an offence under any of the following sections of the Proceeds of Crime Act 2002—
- Relevant offence under this Act
means any offence under this Act other than an offence under a provision contained in— a Part 12 (company secretaries);
- relevant officer
has the meaning given by section 790LO(6). 6 The appointed day must not be before sections 12B(3) and (4) and 790LB(2) and (3) have been brought fully into force. 790LQ 1 A registrable person in relation to a company must ensure that, throughout the relevant period, they maintain the status of a person whose identity is verified (see section 1110A). 2 In this section “the relevant period” means the period— a beginning with— i the incorporation of the company, in a case where the person became a registrable person on its incorporation and the application for registration of the company included a statement under section 12B(2) in respect of the person, ii the delivery to the registrar of a statement in respect of the person under section 790LB(1), in a case where the person became a registrable person after the incorporation of the company and such a statement was delivered to the registrar, iii the expiry of the period for complying with the direction under section 790LM, in a case where a direction under that section is given to the person, and iv the expiry of the period for complying with section 790LN, in a case where that section applies to the person, and b
- relevant person
means— a the applicant, b any person who— i was a director of the company immediately before it was dissolved or struck off, and ii if the company is restored to the register, will be a director immediately after its restoration, or c any person who is a relevant officer of a firm where the firm is— i a person mentioned in paragraph (a) or (b), or ii a person falling within this paragraph. 5C In subsection (5B)(c) “relevant officer”— a in relation to a company, means a director;
- relevant professional adviser
means an accountant, auditor or tax adviser who is a member of a professional body which is established for accountants, auditors or tax advisers (as the case may be) and which makes provision for—
- relevant protected trusts information
means protected trusts information other than information as to— a the day of the month (but not the month or year) on which an individual was born, or b the usual residential address of an individual. 4 The regulations may make provision as to— a who may make an application;
- relevant provisions of the companies legislation
means— a any provision of the companies legislation requiring any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar, b sections 167M and 167N of the Companies Act 2006 (prohibitions on acting as director where identity not verified or where there has been a failure to notify a directorship), and c sections 790LQ and 790LR of the Companies Act 2006 (persons with significant control: ongoing duties in relation to identity verification).”
- Relevant PSC particulars
means such particulars of a person with significant control over the company as may be prescribed. 3 The reference in subsection (2) to a person with significant control over the company— a includes a person who used to be such a person, but b does not include any person in relation to which this Part has effect by virtue of section 790C(12) as if the person were an individual. 4 Regulations under subsection (1)(b) may make provision as to— a who may make an application;
- relevant regulatory regime
means a regulatory regime that, in the opinion of the Secretary of State, has similar objectives to the regulatory regime under the Money Laundering Regulations for relevant persons and is likely to be no less effective in achieving those objectives. 3 Regulations under this section— a may amend any of sections 1098B to 1098G or insert new sections into this Act;
- required particulars
has the meaning given by section 790K.”
- revenue and customs information relating to a person
has the meaning given by section 19(2) of the Commissioners for Revenue and Customs Act 2005.”
- rules of court
means rules relating to the practice and procedure of a court or tribunal.
- safeguarding action
means—
- senior officer
has the meaning given in section 195G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).”
- senior police officer
means a police officer of at least the rank of superintendent. 10Z7AA 1 An authorised officer may seize any item of property if the authorised officer has reasonable grounds for suspecting that the item is a cryptoasset-related item. 2 If an authorised officer is lawfully on any premises, the officer may, for the purpose of— a determining whether any property is a cryptoasset-related item, or b enabling or facilitating the seizure under this Part of any terrorist cryptoasset, require any information which is stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form. 3 But sub-paragraph (2) does not authorise an authorised officer to require a person to produce privileged information. 4 In this paragraph “privileged information” means information which a person would be entitled to refuse to provide— a in England and Wales and Northern Ireland, on grounds of legal professional privilege in proceedings in the High Court;
- service address
has the same meaning as in the Companies Acts (see section 1141(1) and (2) of the Companies Act 2006).”
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.
- Subsidiary undertaking
has the same meaning as in the Companies Acts (see section 1162 of the Companies Act 2006).
- supervisory authority
means an authority that is a supervisory authority under the Money Laundering Regulations (see regulation 7 of those Regulations). 1110B 1 The Secretary of State may by regulations make provision for and in connection with verification or reverification of an individual’s identity for the purposes of this Act by the registrar or by an authorised corporate service provider. 2 The regulations may, in particular, make provision about— a the procedure for verifying or reverifying an individual’s identity, including the evidence required;
- terrorist cryptoasset
means a cryptoasset which— (a) is within subsection (1)(a) or (b) of section 1, or (b) is earmarked as terrorist property. 2 The Secretary of State may by regulations made by statutory instrument amend the definitions of “cryptoasset” and “crypto wallet” in sub-paragraph (1). 3 Regulations under sub-paragraph (2)— a may make different provision for different purposes;
- terrorist financing
means— (a) for the purposes of subsection (6A), an act which constitutes an offence under any of sections 15 to 18;
- the appointed day
means such day as the Secretary of State may by regulations appoint for the purposes of this section;
- the central register
means the register kept by the registrar (see section 1080).”
- the Companies Acts
has the meaning given by section 2(1) of the Companies Act 2006.”
- the companies legislation
means— a the Companies Acts, b Parts A1 to 7 of the Insolvency Act 1986 (company insolvency and winding up), and c Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022 (registration of overseas entities).”
- the company disqualification conditions
means the conditions that can result in or contribute to a person being disqualified under this Order from acting in a role or doing something in relation to any entity. 5 In this Article a “relevant entity” means— a a limited partnership registered under the Limited Partnerships Act 1907;
- the court
means the High Court in England and Wales.
- the criminal intelligence function
has the meaning given by section 1(5) of the Crime and Courts Act 2013;” “• “foreign FIU” means a body in a foreign country carrying out the functions of a financial intelligence unit within the meaning of Recommendation 29 of the Financial Action Task Force (as that Recommendation has effect from time to time);” “• “terrorist financing” means— (a) for the purposes of subsection (6A), an act which constitutes an offence under any of sections 15 to 18;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the European Convention on Human Rights
means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom.
- the Gazette
means— (a) as respects limited partnerships registered in England and Wales, the London Gazette, (b) as respects limited partnerships registered in Scotland, the Edinburgh Gazette, and (c) as respects limited partnerships registered in Northern Ireland, the Belfast Gazette;”
- the index of names
means the index kept by the registrar under section 1099 of the Companies Act 2006.”
- the register
includes any records kept by the registrar under any enactment.”
- the register of limited partnerships
means the records kept by the registrar under section 1080 of the Companies Act 2006 relating to limited partnerships;”
- the registrar
has the same meaning as in the Limited Partnerships Act 1907 (see section 15 of that Act);
- the relevant cryptoassets
means— a in relation to converted cryptoassets detained under section 303Z57, some or all of the cryptoassets mentioned in subsection (1) of that section, and b in relation to converted cryptoassets detained under section 303Z58, some or all of the cryptoassets mentioned in subsection (1) of that section. 303Z64 1 This section applies if no order is made under section 303Z60 in respect of converted cryptoassets detained under this Chapter. 2 Where this section applies, the following may make an application to the relevant court for compensation— a a person to whom the relevant cryptoassets belonged immediately before they were seized;
- the relevant date
means the date on which the first order under section 303Z30 or 303Z32 (as the case may be) was made in relation to the cryptoassets. 7 An application for an order under subsection (3) or (5) may be made— a in relation to England and Wales and Northern Ireland, by— i the Commissioners for His Majesty’s Revenue and Customs, ii a constable, iii an SFO officer, or iv an accredited financial investigator who falls within a description specified in an order made for the purposes of this Chapter by the Secretary of State or the Welsh Ministers under section 453, and b in relation to Scotland, by the Scottish Ministers in connection with their functions under section 303Z41 or by a procurator fiscal. 8 The relevant court may make an order under subsection (3) only if satisfied that there are reasonable grounds for suspecting that the converted cryptoassets to be further detained— a are recoverable property, or b are intended by any person for use in unlawful conduct. 9 The relevant court may make an order under subsection (5) only if satisfied that a request for assistance is outstanding in relation to the cryptoassets mentioned in subsection (1). 10 A “request for ass
- the relevant membership information
means—
- the relevant period
means the period— a beginning with— i the incorporation of the company, in a case where the person became a registrable person on its incorporation and the application for registration of the company included a statement under section 12B(2) in respect of the person, ii the delivery to the registrar of a statement in respect of the person under section 790LB(1), in a case where the person became a registrable person after the incorporation of the company and such a statement was delivered to the registrar, iii the expiry of the period for complying with the direction under section 790LM, in a case where a direction under that section is given to the person, and iv the expiry of the period for complying with section 790LN, in a case where that section applies to the person, and b ending on the giving of a notice to the registrar under section 790LF that the person has ceased to be a registrable person in relation to the company. 3 In this section “registrable person” does not include a person mentioned in section 790C(12)(a) to (d). 790LR 1 A registrable relevant legal entity in relation to a company must ensure that, throughout the relevant period, its registe
- the relevant person
means— a in the case of converted cryptoassets detained under section 303Z57, the person from whom the cryptoassets mentioned in subsection (1) of that section were seized, and b in the case of converted cryptoassets detained under section 303Z58, any person affected by the crypto wallet freezing order mentioned in subsection (1) of that section. 5 A person within subsection (6) may, after notifying the magistrates’ court or sheriff under whose order converted cryptoassets are being detained, release the whole or any part of the converted cryptoassets if satisfied that the detention is no longer justified. 6 The following persons are within this subsection— a in relation to England and Wales or Northern Ireland, an enforcement officer;
- the right to freedom of speech
means the right set out in Article 10 of the European Convention on Human Rights (freedom of expression) so far as it consists of a right to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).
- the UK GDPR
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- traded company
has the meaning given by section 853G(2) and (3) of that Act.
- transitional period
means the period of 6 months beginning when section 119(3) came fully into force.
- turnover
(in relation to a UK company or other relevant body) has the same meaning as in section 201;