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Warrants issued under section 244 |
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1 (1) | This Schedule has effect in relation to the issue to enforcement officers of |
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warrants under section 244. |
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(2) | An entry into a dwelling under such a warrant is unlawful unless it complies |
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with the provisions of this Schedule. |
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Applications for warrants |
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2 (1) | Where an enforcement officer applies for a warrant, the officer must— |
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(a) | state the ground on which the application is made, |
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(b) | state the enactment under which the warrant would be issued, |
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(c) | specify the dwelling which it is desired to enter and inspect, and |
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(d) | identify, so far as is practicable, the purpose for which entry is |
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(2) | An application for a warrant must be made without notice and must be |
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supported by an information in writing or, in Scotland, evidence on oath. |
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(3) | The officer must answer on oath any question that the justice hearing the |
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application asks the officer. |
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Safeguards in connection with power of entry conferred by warrant |
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3 | A warrant authorises an entry on one occasion only. |
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4 (1) | A warrant must specify— |
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(a) | the name of the person who applies for it, |
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(b) | the date on which it is issued, |
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(c) | the enactment under which it is issued, and |
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(d) | the dwelling to be entered. |
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(2) | A warrant must identify, so far as is practicable, the purpose for which entry |
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5 (1) | Two copies are to be made of a warrant. |
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(2) | The copies must be clearly certified as copies. |
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6 (1) | A warrant may be executed by any appropriate enforcement officer. |
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(2) | In sub-paragraph (1) the reference to an appropriate enforcement officer is a |
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reference to any enforcement officer acting on behalf of the same relevant |
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authority as the enforcement officer who applied for the warrant, and |
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includes a reference to that officer. |
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(3) | In sub-paragraph (2) “relevant authority” means the person or body on |
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whose behalf the officer who applied for the warrant was acting. |
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7 (1) | A warrant may authorise persons to accompany any enforcement officer |
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(2) | A person authorised under this paragraph has the same powers as the |
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officer whom the person is accompanying in respect of the execution of the |
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warrant, but may exercise those powers only in the company of, and under |
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the supervision of, an enforcement officer. |
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8 (1) | Execution of a warrant must be within three months from the date of its |
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(2) | Execution of a warrant must be at a reasonable time, unless it appears to the |
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officer executing it that there are grounds for suspecting that the purpose of |
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entering the dwelling may be frustrated if the officer seeks to enter at a |
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9 (1) | Where the occupier of a dwelling that is to be entered under a warrant is |
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present at the time when an enforcement officer seeks to execute the |
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warrant, the following requirements must be satisfied— |
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(a) | the occupier must be told the officer’s name; |
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(b) | the officer must produce to the occupier documentary evidence of |
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the fact that the officer is an enforcement officer; |
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(c) | the officer must produce the warrant to the occupier; |
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(d) | the officer must supply the occupier with a certified copy of it. |
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(a) | the occupier of a dwelling that is to be entered under a warrant is not |
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present when an enforcement officer seeks to execute it, but |
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(b) | some other person who appears to the officer to be in charge of the |
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| sub-paragraph (1) has effect as if any reference to the occupier were a |
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reference to that other person. |
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(3) | If there is no person present who appears to the enforcement officer to be in |
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charge of the dwelling, the officer must leave a certified copy of the warrant |
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in a prominent place in the dwelling. |
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(a) | has been executed, or |
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(b) | has not been executed within the time authorised for its execution, |
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| must be returned to the appropriate person. |
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(2) | In sub-paragraph (1) the appropriate person is— |
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(a) | in the case of a warrant issued by a justice of the peace in England |
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and Wales, the designated officer for the local justice area in which |
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the justice was acting when the warrant was issued; |
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(b) | in the case of a warrant issued by a lay magistrate in Northern |
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Ireland, the clerk of petty sessions for the petty sessions district in |
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which the dwelling is situated; |
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(c) | in the case of a warrant issued by a sheriff, the sheriff clerk; |
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(d) | in the case of a warrant issued by a justice of the peace or stipendiary |
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magistrate in Scotland, the clerk of the justice of the peace court. |
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(3) | A warrant that is returned under this paragraph must be retained by the |
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person to whom it is returned for a period of 12 months. |
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(4) | If during that period the occupier of the dwelling to which the warrant |
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relates asks to inspect it, the occupier must be allowed to do so. |
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Forfeiture of property under section 270 or 271 |
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1 (1) | This Schedule applies where— |
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(a) | property seized by an enforcement officer in the exercise of any |
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power conferred by this Act is in the possession of the relevant |
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(b) | the relevant authority is satisfied that there are reasonable grounds |
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for believing that the property is forfeitable property, and |
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(i) | no proceedings are being taken against any person in respect |
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(ii) | any such proceedings have concluded without any order for |
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forfeiture having been made in respect of the property. |
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(2) | The following property is “forfeitable property”— |
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(a) | any item the use of which for sea fishing would in any circumstances |
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constitute an offence under the law of England and Wales; |
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(b) | any fish in respect of which, by virtue of the fish failing to meet |
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requirements as to size, an offence under the law of England and |
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Wales has been committed. |
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Notice of intended forfeiture |
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2 (1) | The relevant authority must give notice of the intended forfeiture of the |
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property (“notice of intended forfeiture”) to each of the following persons— |
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(a) | every person who appears to the authority to have been the owner of |
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the property, or one of its owners, at the time of the seizure of the |
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(b) | in the case of property seized from a vessel, the master, owner and |
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charterer (if any) of the vessel at that time; |
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(c) | in the case of property seized from premises, every person who |
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appears to the authority to have been an occupier of the premises at |
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(d) | in any other case, the person (if any) from whom the property was |
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(2) | The notice of intended forfeiture must set out— |
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(a) | a description of the property, |
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(b) | the grounds of the intended forfeiture, and |
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(c) | how a person may give a notice of claim under this Schedule and the |
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period within which such a notice must be given. |
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(a) | the property was seized following an inspection carried out in |
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exercise of the power conferred by section 259, and |
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(b) | the relevant authority, after taking reasonable steps to do so, is |
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unable to identify any person as owning the property, |
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| the reference in sub-paragraph (1) to a requirement to give notice of |
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intended forfeiture to such a person is to be read as a reference to a |
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requirement to take such steps as the authority thinks fit to bring the |
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contents of the notice to the attention of persons likely to be interested in it. |
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(4) | Property may be treated or condemned as forfeited under this Schedule only |
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(a) | the requirements of this paragraph have been complied with in the |
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(b) | it was not reasonably practicable for them to be complied with. |
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3 | A person claiming that the property is not liable to forfeiture must give |
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written notice of the claim to the relevant authority. |
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4 (1) | A notice of claim must be given— |
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(a) | within one month of the day of the giving of the notice of intended |
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(b) | if no such notice has been given, within one month of the date of the |
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(2) | A notice of claim must specify— |
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(a) | the name and address of the claimant, and |
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(b) | in the case of a claimant who is outside the United Kingdom, the |
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name and address of a solicitor in the United Kingdom who is |
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authorised to accept service of process and to act on behalf of the |
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(3) | Service of process upon a solicitor so specified is to be taken to be proper |
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service upon the claimant. |
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(4) | In a case in which notice of intended forfeiture was given to different |
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persons on different days, the reference in this paragraph to the day on |
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which that notice was given is a reference— |
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(a) | in relation to a person to whom notice of intended forfeiture was |
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given, to the day on which that notice was given to that person, and |
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(b) | in relation to any other person, to the day on which notice of |
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intended forfeiture was given to the last person to be given such a |
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Automatic forfeiture in a case where no claim is made |
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5 | The property is to be taken to have been duly condemned as forfeited if— |
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(a) | by the end of the period for the giving of a notice of claim in respect |
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of the property, no notice of claim has been given to the relevant |
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(b) | a notice of claim has been given which does not comply with the |
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requirements of paragraphs 3 and 4. |
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Decision whether to take court proceedings to condemn property as forfeited |
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6 (1) | Where a notice of claim in respect of the property is duly given in accordance |
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with paragraphs 3 and 4, the relevant authority must decide whether to take |
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proceedings to ask the court to condemn the property as forfeited. |
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(2) | The decision whether to take such proceedings must be taken as soon as |
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reasonably practicable after the receipt of the notice of claim. |
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Return of property if no forfeiture proceedings |
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7 (1) | If, in a case in which a notice of claim has been given, the relevant authority |
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decides not to take proceedings for condemnation of the property, it must |
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return the property to the person appearing to it to be the owner of the |
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property, or, if there is more than one such person, to one of those persons. |
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(2) | Any property required to be returned in accordance with sub-paragraph (1) |
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must be returned as soon as reasonably practicable after the decision not to |
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take proceedings for condemnation. |
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8 (1) | This paragraph applies if, in a case in which a notice of claim has been given, |
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the relevant authority decides to take proceedings for the condemnation of |
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the property by the court. |
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(2) | If the court is satisfied that the property is forfeitable property, it must |
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condemn the property as forfeited. |
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(3) | If the court is not satisfied that the property is forfeitable property, the court |
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must order the return of the property to the person appearing to the court to |
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be entitled to it or, if there is more than one such person, to one of those |
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Supplementary provision about forfeiture proceedings |
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9 | Proceedings by virtue of this Schedule are civil proceedings and may be |
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(a) | in the High Court, or |
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(b) | in any magistrates’ court in England or Wales. |
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10 (1) | In proceedings by virtue of this Schedule, the claimant or the claimant’s |
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solicitor must make an oath that, at the time of the seizure, the property was, |
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or was to the best of that person’s knowledge and belief, the property of the |
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(2) | In proceedings by virtue of this Schedule instituted in the High Court— |
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(a) | the court may require the claimant to give such security for the costs |
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of the proceedings as may be determined by the court, and |
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(b) | the claimant must comply with such a requirement. |
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(3) | If a requirement of this paragraph is not complied with, the court must give |
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judgment for the relevant authority. |
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11 (1) | In the case of proceedings by virtue of this Schedule instituted in a |
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magistrates’ court in England or Wales, either party may appeal against the |
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decision of that court to the Crown Court. |
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(2) | This paragraph does not affect any right to require the statement of a case for |
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the opinion of the High Court. |
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12 | Where an appeal has been made (whether by case stated or otherwise) |
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against the decision of the court in proceedings by virtue of this Schedule in |
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relation to property, the property is to be left with the relevant authority |
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pending the final determination of the matter. |
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13 | Where property is treated or condemned as forfeited under this Schedule, |
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the forfeiture is to be treated as having taken effect as from the time of the |
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Disposal of property which is not returned |
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14 (1) | This paragraph applies where any property is required to be returned to a |
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person under this Schedule. |
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(2) | If the property is still in the relevant authority’s possession after the end of |
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the period of three months beginning with the day after the requirement to |
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return it arose, the relevant authority may dispose of it in any manner it |
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(3) | The relevant authority may exercise its power under this paragraph to |
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dispose of property only if it is not practicable at the time when the power is |
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exercised to dispose of the property by returning it immediately to the |
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person to whom it is required to be returned. |
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15 | In proceedings under this Schedule, the fact, form and manner of the seizure |
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of the property are to be taken, without further evidence and unless the |
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contrary is shown, to have been as set forth in the process. |
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16 | In any proceedings, the condemnation by a court of property as forfeited |
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under this Schedule may be proved by the production of— |
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(a) | the order or certificate of condemnation, or |
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(b) | a certified copy of the order purporting to be signed by an officer of |
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the court by which the order or certificate was made or granted. |
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Special provisions as to certain claimants |
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17 (1) | This paragraph applies where, at the time of the seizure of the property, it |
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(a) | the property of a body corporate, |
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(b) | the property of two or more partners, or |
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(c) | the property of more than five persons. |
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(2) | The oath required by paragraph 10, and any other thing required by this |
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Schedule or by rules of court to be done by the owner of the property, may |
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(a) | a person falling within sub-paragraph (3), or |
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(b) | a person authorised to act on behalf of such a person. |
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(a) | where the owner is a body corporate, the secretary or some duly |
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authorised officer of that body; |
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(b) | where the owners are in partnership, any one or more of the owners; |
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(c) | where there are more than five owners and they are not in |
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partnership, any two or more of the owners acting on behalf of |
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themselves and any of their co-owners who are not acting on their |
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Power to destroy fish before condemnation, etc |
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18 (1) | The relevant authority may destroy any fish liable to be treated or |
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condemned as forfeited under this Schedule, even if such fish have not yet |
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been so treated or condemned. |
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(2) | If in proceedings under this Schedule the court is not satisfied that any fish |
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destroyed under this paragraph were forfeitable property, the relevant |
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authority must, if requested to do so, pay to the claimant a sum of money |
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equal to the market value of the fish at the time of seizure. |
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(3) | A claimant who accepts any sum of money paid under sub-paragraph (2) is |
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not entitled to maintain any action on account of the seizure, detention or |
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(4) | For the purposes of sub-paragraph (2), the market value of any fish at the |
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time of seizure is to be taken to be such amount as the relevant authority and |
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the claimant may agree or, in default of agreement, as may be determined by |
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a referee appointed by the court. |
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(5) | The procedure on any reference to a referee under sub-paragraph (4) is to be |
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such as may be determined by the referee. |
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(6) | The referee’s decision is final and conclusive. |
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Saving for owner’s rights |
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19 | Neither the imposition of a requirement by virtue of this Schedule to return |
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property to a person nor the return of property to a person in accordance |
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with such a requirement affects— |
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(a) | the rights in relation to that property of any other person, or |
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(b) | the right of any other person to enforce any rights against the person |
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“the court” is to be read in accordance with paragraph 9; |
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“forfeitable property” is to be read in accordance with paragraph 1(2). |
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Schedule 1A to the National Parks and Access to the Countryside Act 1949 |
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| The following is the Schedule to be inserted as Schedule 1A to the National |
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