23(1)Where a recognizance entered into under paragraph 22 above appears to [the Asylum and Immigration Tribunal] to be forfeited, [the Asylum and Immigration Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [the Asylum and Immigration Tribunal] thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and—U.K.
(a)the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and
(b)the [the Asylum and Immigration Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [proper officer] of that court.
[(1A)In sub-paragraph (1) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [designated officer] for the court; and
(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]
(2)Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, [the Asylum and Immigration Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [the Asylum and Immigration Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.
(3)Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . .
(4)Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations