Telecommunications Act 1984

81 Proceedings in Scotland for forfeiture of restricted apparatus. S

(1) Where in Scotland any restricted apparatus is seized in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above, the procurator fiscal may apply to the sheriff for forfeiture of the apparatus under this section.

(2) An application under this section shall be made in the manner specified in section 310 (incidental applications) of the M1 Criminal Procedure (Scotland) Act 1975 (in this section referred to as “the 1975 Act”) and must be made within six months of the seizure of the apparatus.

(3) The procurator fiscal making an application under this section shall serve on any person appearing to him to be the owner of, or otherwise interested in, the apparatus to which the application relates a notice, to which is attached a copy of the application, giving him the opportunity to appear at the hearing of the application to show cause why the apparatus should not be forfeited.

(4) Service under subsection (3) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the 1975 Act.

(5) In addition to the person on whom notice is served under subsection (3) above, any other person claiming to be the owner or, or otherwise interested in, any apparatus to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why that apparatus should not be forfeited.

(6) Subject to the following provisions of this section, where an application is made under this section and the court is satisfied that the apparatus is restricted apparatus, the court shall order the apparatus to be forfeited to the Secretary of State, unless cause is shown why the apparatus should not be forfeited.

(7) The court shall not make an order under this section—

(a) if any person on whom notice is served under subsection (3) above does not appear, unless service of the notice on that person is proved; or

(b) if no notice under subsection (3) above has been served on any person, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

(8) Where in any proceedings under this section an order is made for the forfeiture of any apparatus, any person who appeared, or was entitled to appear, to show cause why the apparatus should not be forfeited may within twenty-one days of the making of the order appeal to the High Court by bill of suspension on the ground of an alleged miscarriage of justice in the proceedings; and section 452(4)(a) to (e) of the 1975 Act shall apply to appeals under this subsection as it applies to appeals such as are mentioned in section 444(1) of the 1975 Act:

Provided that the foregoing provisions of this subsection shall be without prejudice to any rule of law relating to bills of suspension in so far as such rule of law is not inconsistent with those provisions.

(9) No order for the forfeiture of any apparatus made under this section shall take effect—

(a) until the end of the period of twenty-one days after the day on which the order is made; or

(b) if appeal proceedings are brought in respect of the order within that period, until the conclusion of those proceedings.

(10) Any apparatus ordered to be forfeited under this section may be disposed of by the Secretary of State in such manner as he thinks fit.

(11) This section applies to Scotland only.

Marginal Citations

M1 1975 c. 21.