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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            

214

 

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            

215

 

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            

216

 

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            

217

 

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            

218

 

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            

219

 

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;


 
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