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Immigration and Asylum Act 1999

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This is the original version (as it was originally enacted).

49Forfeiture of securities

This section has no associated Explanatory Notes

(1)If a court is satisfied that a person (“A”) by whom, or on whose behalf, security has been given under section 47 has broken a mandatory bail condition, it may order the security to be forfeited unless it appears that A had reasonable cause for breaking the condition.

(2)The order may provide for the forfeiture to extend to a specified amount which is less than the value of the security.

(3)An order under subsection (1) takes effect, unless previously revoked, at the end of the period of 21 days beginning with the day on which it is made.

(4)Any sum forfeited as a result of this section must be paid to the Lord Chancellor.

(5)Subsection (6) applies if a court which has made an order under subsection (1) is satisfied, on an application made by or on behalf of the person who gave the security, that A did after all have reasonable cause for breaking the condition.

(6)The court may by order—

(a)remit the forfeiture; or

(b)provide for it to extend to a specified amount which is less than the value of the security.

(7)An application under subsection (5)—

(a)may be made before or after the order for forfeiture has taken effect; but

(b)may not be entertained unless the court is satisfied that the Secretary of State was given reasonable notice of the applicant’s intention to make the application.

(8)The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums forfeited as a result of this section must be made and for keeping and auditing of accounts in relation to such sums.

(9)“Mandatory bail condition” means a condition—

(a)to which bail granted under section 46 is subject as a result of section 47(3), (4) or (5); and

(b)in relation to which a person has given security under section 47.

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