sc1192803.213-219

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.D.  Standing Committee Proceedings: 28th March 2006
213

Police and Justice Bill, continued

      (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

it, or

(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

were to the part.

      (4)
In this paragraph “readily separable part” has the meaning given by

paragraph 1.

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

claim.

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,

or

(b)
not to take proceedings for condemnation of a part of the

property.

      (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

persons.

      (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.

Forfeiture proceedings

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

property”).

      (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).

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

      (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

part.

      (6)
For this purpose a part of any property is a “separable part” of the

property if—

(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

property, and

(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).

Supplementary orders

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

appropriate, 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

period.

      (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.

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

      (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

period.

      (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

relate was seized.

13  (1)
Either party may appeal against the decision of that court to a

county court.

      (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.

Effect of forfeiture

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.

      (2)
If—

(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

returned,


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).

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

      (2)
The relevant officer may dispose of the property in any manner he

thinks fit.

Provisions as to proof

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

other person, or

(b)
the right of any other person to enforce his rights against

the person to whom it is returned.

Interpretation

21
In this Schedule—

“the court” is to be construed in accordance with paragraph 12;

“forfeitable property” is to be construed in accordance with paragraph

1(2);

“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

3.’.

Hazel Blears

Agreed to  92

Clause  40,  page  33,  line  31,  after ‘instrument’ insert ‘containing an order or

regulations’.

Clause, as amended, Agreed to.

Clause 41 Agreed to.

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

Hazel Blears

Agreed to  93

Clause  42,  page  34,  line  35,  at end insert ‘or any Act of the Scottish Parliament’.

Clause, as amended, Agreed to.

Clause 43 Agreed to.

Hazel Blears

Agreed to  94

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

inserted—

“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

police pensions).”

      (2)
The amendment made by sub-paragraph (1) shall be deemed always to have

had effect.

Police Pensions Act 1976 (c. 35)

    (1)
In section 11 of the Police Pensions Act 1976 (interpretation), after subsection

(6) there is inserted—

“(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

had effect.’.

Hazel Blears

Agreed to  149

Schedule  13,  page  127,  line  34,  at end insert—


‘In this subsection “act” includes a series of acts.”’.

Hazel Blears

Agreed to  95

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)’.

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

Hazel Blears

Agreed to  96

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.

Hazel Blears

Agreed to  3

Schedule  14,  page  136,  line  3,  after ‘paragraphs’ insert ‘77(5),’.

Lynne Featherstone

Martin Horwood

Not called  12

Schedule  14,  page  137,  line  18,  at beginning insert—

‘Crime and Disorder Act 1998
Sections 1(10D), 1(10E) and

(c. 37)
1C (9C)’.

Hazel Blears

Agreed to  97

Schedule  14,  page  139,  line  8,  at end insert—

‘Magistrates’ Courts (Northern
In Schedule 6, paragraph 144.’.

Ireland) Order 1981 (S.I. 1981/

1675 (N.I. 26))

Hazel Blears

Agreed to  98

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))

Hazel Blears

Agreed to  99

Schedule  14,  page  139,  line  19,  leave out ‘paragraph 37(4)’ and insert ‘paragraphs

37(4) and 38(3) and (4)’.

Hazel Blears

Agreed to  100

Schedule  14,  page  139,  line  30,  after ‘paragraph 10(2)(b)’ insert ‘and (c)’.

S.C.D.  Standing Committee Proceedings: 28th March 2006
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Police and Justice Bill, continued

Hazel Blears

Agreed to  101

Schedule  14,  page  139,  line  31,  at end insert—

‘Justice (Northern Ireland) Act
In Schedule 4, paragraph 3(2)(a).’.

2002 (c. 26)

Schedule, as amended, Agreed to.

Hazel Blears

Agreed to  102

Clause  44,  page  35,  line  5,  leave out ‘(7)’ and insert ‘(7B)’.

Hazel Blears

Agreed to  103

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

paragraph);’.

Hazel Blears

Agreed to  104

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

relevant Welsh landlord—

(i)
section 19,

(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

landlord—

(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

Assembly for Wales.

(7B)
For the purposes of subsection (7A), each of the following is a “relevant Welsh

landlord”—

(a)
a Welsh county council or county borough council;

(b)
a registered social landlord on the register maintained by the National

Assembly for Wales;