|
|
| |
| |
|
| | (2) | The property is “unclaimed” if, by the end of the period for the |
|
| | giving of a notice of claim— |
|
| | (a) | no such notice has been given in relation to it or any part of |
|
| | |
| | (b) | the requirements of paragraphs 5 and 6 have not been |
|
| | complied with in relation to the only notice or notices of |
|
| | claim that have been given. |
|
| | (3) | Sub-paragraph (1) applies in relation to a readily separable part of |
|
| | the property as it applies in relation to the property, and for this |
|
| | purpose sub-paragraph (2) applies as if references to the property |
|
| | |
| | (4) | In this paragraph “readily separable part” has the meaning given by |
|
| | |
| | Decision whether to take court proceedings to condemn property as forfeited |
|
| | 8 (1) | Where a notice of claim in respect of the property, or a part of it, is |
|
| | duly given in accordance with paragraphs 5 and 6, the relevant |
|
| | officer must decide whether to take proceedings to ask the court to |
|
| | condemn the property or a part of it as forfeited. |
|
| | (2) | The decision whether to take such proceedings must be made as |
|
| | soon as reasonably practicable after the giving of the notice of |
|
| | |
| | Return of property if no forfeiture proceedings |
|
| | 9 (1) | This paragraph applies if, in a case in which a notice of claim has |
|
| | been given, the relevant officer decides— |
|
| | (a) | not to take proceedings for condemnation of the property, |
|
| | |
| | (b) | not to take proceedings for condemnation of a part of the |
|
| | |
| | (2) | The relevant officer must return the property or part to the person |
|
| | who appears to him to have a legitimate reason for possessing the |
|
| | property or, if there is more than one such person, to one of those |
|
| | |
| | (3) | Any property required to be returned in accordance with sub- |
|
| | paragraph (2) must be returned as soon as reasonably practicable |
|
| | after the decision not to take proceedings for condemnation. |
|
| | |
| | 10 (1) | This paragraph applies if, in a case in which a notice of claim has |
|
| | been given, the relevant officer decides to take proceedings for |
|
| | condemnation of the property or a part of it (“the relevant |
|
| | |
| | (2) | The court must condemn the relevant property if it is satisfied— |
|
| | (a) | that the relevant property is forfeitable property, and |
|
| | (b) | that no-one who has given a notice of claim has a legitimate |
|
| | reason for possessing the relevant property. |
|
| | | This is subject to sub-paragraphs (5) and (7). |
|
|
|
| |
| |
|
| | (3) | If the court is not satisfied that the relevant property is forfeitable |
|
| | property, the court must order its return to the person who appears |
|
| | to the court to have a legitimate reason for possessing it or, if there |
|
| | is more than one such person, to one of those persons. |
|
| | (4) | If the court is satisfied— |
|
| | (a) | that the relevant property is forfeitable property, and |
|
| | (b) | that a person who has given a notice of claim has a |
|
| | legitimate reason for possessing the relevant property, or |
|
| | that more than one such person has such a reason, |
|
| | | the court must order the return of the relevant property to that |
|
| | person or, as the case may be, to one of those persons. |
|
| | (5) | Where the court is satisfied that any part of the relevant property is |
|
| | a separable part, sub-paragraphs (2) to (4) apply separately in |
|
| | relation to each separable part of the relevant property as if |
|
| | references to the relevant property were references to the separable |
|
| | |
| | (6) | For this purpose a part of any property is a “separable part” of the |
|
| | |
| | (a) | it can be separated from the remainder of that property, and |
|
| | (b) | where a person has a legitimate reason for possessing the |
|
| | remainder of that property or any part of it, the separation |
|
| | will not prejudice the remainder or part. |
|
| | (7) | Where the court is satisfied— |
|
| | (a) | that a person who has given a notice of claim has a |
|
| | legitimate reason for possessing part of the relevant |
|
| | |
| | (b) | that, although the part is not a separable part within the |
|
| | meaning given by sub-paragraph (6), it can be separated |
|
| | from the remainder of the relevant property, |
|
| | | the court may order the return of that part to that person. |
|
| | (8) | Sub-paragraph (7) does not apply to any property required to be |
|
| | returned to a person under sub-paragraph (4). |
|
| | |
| | 11 (1) | Where the court condemns property under paragraph 10(2)— |
|
| | (a) | it may order the relevant officer to take such steps in |
|
| | relation to the property or any part of it as it thinks |
|
| | |
| | (b) | where it orders a step to be taken, it may make that order |
|
| | conditional on specified costs relating to the taking of that |
|
| | step being paid by a specified person within a specified |
|
| | |
| | (2) | A court order under paragraph 10(3), (4), (5) or (7) requiring the |
|
| | return of a part of the relevant property to a person may be made |
|
| | conditional on specified costs relating to the separation of the part |
|
| | from the remainder of the relevant property being paid by that |
|
| | person within a specified period. |
|
|
|
| |
| |
|
| | (3) | Where the court makes an order under paragraph 10(7) for the |
|
| | return of a part of the relevant property— |
|
| | (a) | it may order the relevant officer to take such steps as it |
|
| | thinks appropriate in relation to any property which will be |
|
| | prejudiced by the separation of that part, and |
|
| | (b) | where it orders a step to be taken, it may make that order |
|
| | conditional on specified costs relating to the taking of that |
|
| | step being paid by a specified person within a specified |
|
| | |
| | (4) | For the purposes of this paragraph “specified” means specified in, |
|
| | or determined in accordance with, the court order. |
|
| | Supplementary provision about forfeiture proceedings |
|
| | 12 | Proceedings by virtue of this Schedule are civil proceedings and |
|
| | may be instituted in a court of summary jurisdiction for the petty |
|
| | sessions district in which the property to which the proceedings |
|
| | |
| | 13 (1) | Either party may appeal against the decision of that court to a |
|
| | |
| | (2) | This paragraph does not affect any right to require the statement of |
|
| | a case for the opinion of the Court of Appeal. |
|
| | 14 | Where an appeal has been made (whether by case stated or |
|
| | otherwise) against the decision of the court of summary jurisdiction |
|
| | in proceedings by virtue of this Schedule in relation to property, the |
|
| | property is to be left in the custody of a constable pending the final |
|
| | determination of the matter. |
|
| | |
| | 15 | Where property is treated or condemned as forfeited under this |
|
| | Schedule the forfeiture is to be treated as having taken effect as |
|
| | from the time of the seizure. |
|
| | Disposal of property which is not returned |
|
| | 16 (1) | This paragraph applies where any property is required to be |
|
| | returned to a person under this Schedule. |
|
| | |
| | (a) | the property is (without having been returned) still in the |
|
| | custody of the relevant officer after the end of the period of |
|
| | 12 months beginning with the day on which the |
|
| | requirement to return it arose, and |
|
| | (b) | it is not practicable to dispose of it by returning it |
|
| | immediately to the person to whom it is required to be |
|
| | |
| | | the relevant officer may dispose of it in any manner he thinks fit. |
|
| | 17 (1) | This paragraph applies where any property would be required to be |
|
| | returned to a person under this Schedule but for a failure to satisfy |
|
| | a condition imposed by virtue of paragraph 11(2) (return of |
|
| | property conditional on payment of costs within specified period). |
|
|
|
| |
| |
|
| | (2) | The relevant officer may dispose of the property in any manner he |
|
| | |
| | |
| | 18 | In proceedings under this Schedule, the fact, form and manner of |
|
| | the seizure are to be taken, without further evidence and unless the |
|
| | contrary is shown, to have been as set forth in the process. |
|
| | 19 | In proceedings, the condemnation by a court of property as forfeited |
|
| | under this Schedule may be proved by the production of either— |
|
| | (a) | the order of condemnation, or |
|
| | (b) | a certified copy of the order purporting to be signed by an |
|
| | officer of the court by which the order was made or granted. |
|
| | Saving for owner’s rights |
|
| | 20 | Neither the imposition of a requirement by virtue of this Schedule |
|
| | to return property to a person nor the return of it to a person in |
|
| | accordance with such a requirement affects— |
|
| | (a) | the rights in relation to that property, or any part of it, of any |
|
| | |
| | (b) | the right of any other person to enforce his rights against |
|
| | the person to whom it is returned. |
|
| | |
| | |
| | “the court” is to be construed in accordance with paragraph 12; |
|
| | “forfeitable property” is to be construed in accordance with paragraph |
|
| | |
| | “premises” has the same meaning as in the Police and Criminal |
|
| | Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) |
|
| | (see Article 25 of that Order); and |
|
| | “the relevant officer” is to be construed in accordance with paragraph |
|
| | |
| |
| |
| | |
| Clause 40, page 33, line 31, after ‘instrument’ insert ‘containing an order or |
|
| |
| | Clause, as amended, Agreed to. |
|
| | |
| |
|
|
| |
| |
|
| |
| | |
| Clause 42, page 34, line 35, at end insert ‘or any Act of the Scottish Parliament’. |
|
| | Clause, as amended, Agreed to. |
|
| | |
| |
| |
| | |
| Schedule 13, page 123, line 25, at end insert— |
|
| | ‘Superannuation Act 1972 (c. 11) |
|
| | (1) | In Schedule 1 to the Superannuation Act 1972 (employments etc to which |
|
| | section 1 can apply), at the appropriate place in the list of “Offices” there is |
|
| | |
| | “The office of inspector or assistant inspector of constabulary, where |
|
| | held by a person to whom paragraphs (a) and (b) of section 11(7) of |
|
| | the Police Pensions Act 1976 apply (inspectors etc not eligible for |
|
| | |
| | (2) | The amendment made by sub-paragraph (1) shall be deemed always to have |
|
| | |
| | Police Pensions Act 1976 (c. 35) |
|
| | (1) | In section 11 of the Police Pensions Act 1976 (interpretation), after subsection |
|
| | |
| | “(7) | References in this Act to an inspector or assistant inspector of |
|
| | constabulary, and to service as such, do not have effect in relation to |
|
| | cases in which the person in question— |
|
| | (a) | was appointed on or after 1st January 1999, and |
|
| | (b) | did not serve as a member of a police force at any time before |
|
| | his appointment took effect.” |
|
| | (2) | The amendment made by sub-paragraph (1) shall be deemed always to have |
|
| | |
| |
| | |
| Schedule 13, page 127, line 34, at end insert— |
|
| | | ‘In this subsection “act” includes a series of acts.”’. |
|
| |
| | |
| Schedule 13, page 128, line 31, leave out ‘section 21A’ and insert ‘section (Local |
|
| authority scrutiny of crime and disorder matters) of the Police and Justice Act 2006 (local |
|
| authority scrutiny of crime and disorder matters)’. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 13, page 128, line 32, leave out from ‘after’ to end and insert ‘“Schedule |
|
| 1” there is inserted “and to section (Guidance and regulations regarding crime and |
|
| disorder matters)(6) of the Police and Justice Act 2006”’. |
|
| | Schedule, as amended, Agreed to. |
|
| |
| |
| | |
| Schedule 14, page 136, line 3, after ‘paragraphs’ insert ‘77(5),’. |
|
| |
| |
| | |
| Schedule 14, page 137, line 18, at beginning insert— |
|
| ‘Crime and Disorder Act 1998 |
| Sections 1(10D), 1(10E) and |
| | | | | | | |
|
| |
| | |
| Schedule 14, page 139, line 8, at end insert— |
|
| ‘Magistrates’ Courts (Northern |
| In Schedule 6, paragraph 144.’. |
| | | | Ireland) Order 1981 (S.I. 1981/ |
| | | | | | | | |
|
| |
| | |
| Schedule 14, page 139, line 18, at end insert— |
|
| ‘Criminal Justice (Evidence, etc.) |
| In Schedule 2, paragraph 1(2).’. |
| | | | (Northern Ireland) Order 1988 |
| | | | | (S.I. 1988/1847 (N.I. 17)) |
| | | |
|
| |
| | |
| Schedule 14, page 139, line 19, leave out ‘paragraph 37(4)’ and insert ‘paragraphs |
|
| 37(4) and 38(3) and (4)’. |
|
| |
| | |
| Schedule 14, page 139, line 30, after ‘paragraph 10(2)(b)’ insert ‘and (c)’. |
|
|
|
| |
| |
|
| |
| | |
| Schedule 14, page 139, line 31, at end insert— |
|
| ‘Justice (Northern Ireland) Act |
| In Schedule 4, paragraph 3(2)(a).’. |
| | | | | | | |
|
| | Schedule, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 44, page 35, line 5, leave out ‘(7)’ and insert ‘(7B)’. |
|
| |
| | |
| Clause 44, page 36, leave out lines 4 and 5 and insert— |
|
| | ‘(a) | sections (Local authority scrutiny of crime and disorder matters) and |
|
| | (Guidance and regulations regarding crime and disorder matters) and |
|
| | Schedule (Further provision about crime and disorder committees of |
|
| | certain local authorities); |
|
| | (b) | paragraph 27 of Schedule 13 (and section 43 so far as relating to that |
|
| | |
| |
| | |
| Clause 44, page 36, line 16, at end insert— |
|
| | ‘(7A) | The following provisions— |
|
| | (a) | so far as relating to the granting of injunctions on the application of a |
|
| | |
| | |
| | (ii) | paragraph 24 of Schedule 13, |
|
| | (iii) | in Part 3 of Schedule 14, the repeal of section 13(4)(b) of the |
|
| | Anti-social Behaviour Act 2003 (c. 38), and |
|
| | (iv) | section 43 so far as relating to that paragraph and that repeal, |
|
| | (b) | so far as relating to any tenancy where the landlord is a relevant Welsh |
|
| | |
| | (i) | paragraphs 7, 8 and 22 of Schedule 13, and |
|
| | (ii) | section 43 so far as relating to those paragraphs, and |
|
| | (c) | so far as relating to a relevant Welsh landlord— |
|
| | (i) | paragraph 25 of Schedule 13, and |
|
| | (ii) | section 43 so far as relating to that paragraph, |
|
| | | come into force in accordance with provision made by order by the National |
|
| | |
| | (7B) | For the purposes of subsection (7A), each of the following is a “relevant Welsh |
|
| | |
| | (a) | a Welsh county council or county borough council; |
|
| | (b) | a registered social landlord on the register maintained by the National |
|
| | |
|