- Latest available (Revised)
- Point in Time (29/04/2024)
- Original (As enacted)
Point in time view as at 29/04/2024.
There are currently no known outstanding effects for the Product Security and Telecommunications Infrastructure Act 2022, Section 44.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Where an order for the forfeiture of any products has been made under section 42, each of the following persons may appeal against the order—
(a)any party to the proceedings in which the order was made;
(b)any other person entitled to the products.
(2)The Secretary of State may appeal against—
(a)a decision not to make an order for forfeiture under section 42;
(b)an order under subsection (8) of that section for the return of any products.
(3)Where—
(a)the Secretary of State brings an appeal under this section, and
(b)no person entitled to the products in question was a party to the original proceedings,
the Secretary of State must make reasonable efforts to give notice of the appeal to every person who the Secretary of State thinks is or may be entitled to the products.
(4)An appeal under this section is to—
(a)the Crown Court, in England and Wales;
(b)the Sheriff Appeal Court, in Scotland;
(c)a county court, in Northern Ireland.
(5)An appeal under this section is to be brought before the end of the period of 28 days beginning with the date of the order or other decision appealed against.
(6)Subject to subsections (7) and (8), the court hearing the appeal may make any order the court considers appropriate.
(7)If an appeal brought by virtue of subsection (2) is allowed—
(a)the court must order the products to be forfeited, and
(b)sections 42(6) and 43(6) apply with the necessary adaptations.
(8)If an appeal against an order forfeiting any products is allowed—
(a)the court must order the products to be returned to a person entitled to them, and
(b)section 42(9) applies with the necessary adaptations.
(9)The persons “entitled” to any products for the purposes of this section are—
(a)any person to whom they belong, and
(b)in the case of products detained under paragraph 28 of Schedule 5 to the Consumer Rights Act 2015, the person from whom they were seized.
Commencement Information
I1S. 44 not in force at Royal Assent, see s. 79
I2S. 44 in force at 29.4.2024 by S.I. 2023/469, reg. 3
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: