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Noise Act 1996
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- 1996 c. 37
- SCHEDULE
- Consequences of forfeiture
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- s. 9(4)(4A-4F) substituted for art. 9(4) by 2011 c. 23 (N.I.) s. 61(3)
- s. 4A inserted by 2011 c. 23 (N.I.) Sch. 1 para. 6
- s. 4A inserted by 2005 c. 16 Sch. 1 para. 6
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- s. 8A(2) text amended by 2005 c. 16 Sch. 1 para. 11(2)
- s. 8A(2A) inserted by 2005 c. 16 Sch. 1 para. 11(3)
- s. 8A(3) text amended by 2005 c. 16 Sch. 1 para. 11(4)
- s. 8A(6) text amended by 2005 c. 16 Sch. 1 para. 11(5)
Commencement Orders yet to be applied to the Noise Act 1996:
Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/795 art. 2 Sch. 1 2 commences (2005 c. 16)
- S.I. 2006/2006 art. 2 commences (2005 c. 16)
- S.I. 2006/2797 art. 2-7 commences (2005 c. 16)
- S.I. 2007/3371 art. 2 commences (2005 c. 16)
- S.R. 2012/13 art. 2 commences (2011 c. 23 (N.I.))
Consequences of forfeitureE+W+N.I.
4(1)Where any equipment has been forfeited under paragraph 3, a magistrates’ court may, on application by a claimant of the equipment (other than the person in whose case the forfeiture order was made) make an order for delivery of the equipment to the applicant if it appears to the court that he is the owner of the equipment.E+W+N.I.
(2)No application may be made under sub-paragraph (1) by any claimant of the equipment after the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment.
(3)Such an application cannot succeed unless the claimant satisfies the court—
(a)that he had not consented to the offender having possession of the equipment, or
(b)that he did not know, and had no reason to suspect, that the equipment was likely to be used in the commission of a noise offence.
(4)Where the responsible local authority is of the opinion that the person in whose case the forfeiture order was made is not the owner of the equipment, it must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make an application under sub-paragraph (1).
(5)An order under sub-paragraph (1) does not affect the right of any person to take, within the period of six months beginning with the date of the order, proceedings for the recovery of the equipment from the person in possession of it in pursuance of the order, but the right ceases on the expiry of that period.
(6)If on the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment no order has been made under sub-paragraph (1), the responsible local authority may dispose of the equipment.
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