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1. These Rules may be cited as the Magistrates’ Courts (Detention and Forfeiture of Seized Cash) (Amendment) Rules (Northern Ireland) 2008 and shall come into operation on the 1st October 2008.
2. The Magistrates’ Courts (Detention and Forfeiture of Seized Cash) Rules (Northern Ireland) 2003(1) are amended as follows:—
(1) for Rule 7(3), substitute—
“(3) The clerk of the petty sessions shall send a copy of the application to—
(a)the Commissioners of Revenue and Customs, if the cash which is the subject of the application was seized by an officer of Revenue and Customs;
(b)the Chief Constable or, as the case may be, the chief officer of the police force to which the constable belongs, if the cash which is the subject of the application was seized by a constable;
(c)the Chief Constable, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of the Police Service of Northern Ireland;
(d)the Minister of the Crown in charge of the department of the Government of the United Kingdom, or the department, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of that department;
(e)the Northern Ireland department, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of that department;
(f)in any other case, the employer of the accredited financial investigator who seized the cash which is the subject of the application; and
(g)every person to whom notice of the order made under section 295(2) has been given.”;
(2) for Rule 11(3), substitute—
“(3) The clerk of the petty sessions shall send a copy of the application to—
(a)the Commissioners of Revenue and Customs, if the cash which is the subject of the application was seized by an officer of Revenue and Customs;
(b)the Chief Constable or, as the case may be, the chief officer of the police force to which the constable belongs, if the cash which is the subject of the application was seized by a constable;
(c)the Chief Constable, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of the Police Service of Northern Ireland;
(d)the Minister of the Crown in charge of the department of the Government of the United Kingdom, or the department, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of that department;
(e)the Northern Ireland department, if the cash which is the subject of the application was seized by an accredited financial investigator who was a member of staff of that department;
(f)in any other case, the employer of the accredited financial investigator who seized the cash which is the subject of the application.”.
George Conner
P Kelly
John Rea
John P B Maxwell
Sean McCann
Dated 3rd September 2008
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