Terrorism Act 2000

Implementation of forfeiture orders U.K.

30 (1) Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may— U.K.

(a) require any of the forfeited property to be paid or handed over to the proper officer or to a member of the Royal Ulster Constabulary designated for the purpose by the Chief Constable;

(b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within [F1 section 23B(1)].

(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4) Article 58 of the M1 Magistrates’ Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.

Textual Amendments

F1 Words in Sch. 4 para. 30(1)(d) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(20) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Modifications etc. (not altering text)

C1 Sch. 4 para. 30(1) extended (with modifications) (13.12.2001) by S.I. 2001/3927, art. 25(1)

Marginal Citations

M1 S.I. 1981/1675 (N.I. 26).

31 (1) A receiver appointed under paragraph 30 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 30(1)(c). U.K.

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action—

(a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b) which he would be entitled to take if the property were forfeited property, and

(c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.

Modifications etc. (not altering text)

C2 Sch. 4 para. 31 applied (13.12.2001) by S.I. 2001/3927, art. 25(1)

32 (1) In paragraphs 30 and 31 “the proper officer” means— U.K.

(a) where the forfeiture order is made by a court of summary jurisdiction, the clerk of petty sessions, and

(b) where the forfeiture order is made by the Crown Court, the appropriate officer of the Crown Court.

(2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by—

(a) the prosecutor in the proceedings in which the forfeiture order was made,

(b) the defendant in those proceedings, or

(c) a person whom the court heard under [F2 section 23B(1)] before making the order.

(3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

(4) Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the M2 Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.

Textual Amendments

F2 Words in Sch. 4 para. 32(2)(c) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(21) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Marginal Citations

M2 1954 c. 9 (N.I.).