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Anti-terrorism, Crime and Security Act 2001

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  • Sch. 1 para. 7 7A and cross- heading substituted for Sch. 1 para. 7 by 2008 c. 28 s. 84(1)

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7(1)Any party to proceedings in which an order is made under paragraph 6 (“a forfeiture order”) who is aggrieved by the order may appeal—E+W+S+N.I.

(a)in relation to England and Wales, to the Crown Court,

(b)in relation to Scotland, to the Court of Session,

(c)in relation to Northern Ireland, to a county court.

(2)An appeal under sub-paragraph (1) must be made—

(a)within the period of 30 days beginning with the date on which the order is made, or

(b)if sub-paragraph (6) applies, before the end of the period of 30 days beginning with the date on which the order under section 3(3)(b) of the Terrorism Act 2000 (c. 11) referred to in that sub-paragraph comes into force.

(3)The appeal is to be by way of a rehearing.

(4)The court hearing the appeal may make any order it thinks appropriate.

(5)If the court upholds the appeal, it may order the release of the cash.

(6)Where a successful application for a forfeiture order relies (wholly or partly) on the fact that an organisation is proscribed, this sub-paragraph applies if—

(a)a deproscription appeal under section 5 of the Terrorism Act 2000 is allowed in respect of the organisation,

(b)an order is made under section 3(3)(b) of that Act in respect of the organisation in accordance with an order of the Proscribed Organisations Appeal Commission under section 5(4) of that Act (and, if the order is made in reliance on section 123(5) of that Act, a resolution is passed by each House of Parliament under section 123(5)(b)), and

(c)the forfeited cash was seized under this Schedule on or after the date of the refusal to deproscribe against which the appeal under section 5 of that Act was brought.

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