SCHEDULES
SCHEDULE 1Forfeiture of terrorist F1property
F2PART 2AForfeiture of terrorist cash without court order
Sch. 1 Pt. 2A inserted (27.4.2017 for specified purposes, 30.1.2018 for the insertion of Sch. 1 para. 5A(10), 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 38(4), 58(1)(6); S.I. 2018/78, regs. 2(d), 3(u)
Cash forfeiture notice
5A
1
This paragraph applies while any cash is detained in pursuance of an order under paragraph 3(2).
2
A senior officer may give a notice for the purpose of forfeiting the cash or any part of it if satisfied that the cash or part is terrorist cash.
3
A notice given under sub-paragraph (2) is referred to in this Schedule as a cash forfeiture notice.
4
A cash forfeiture notice must—
a
state the amount of cash in respect of which it is given,
b
state when and where the cash was seized,
c
confirm that the senior officer is satisfied as mentioned in sub-paragraph (2),
d
specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and
e
explain that the cash will be forfeited unless an objection is received at that address within the period for objecting.
5
The period for objecting must be at least 30 days starting with the day after the notice is given.
6
The Secretary of State must by regulations made by statutory instrument make provision about how a cash forfeiture notice is to be given.
7
The regulations may (amongst other things) provide—
a
for a cash forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed;
b
for a cash forfeiture notice to be given by publication in such manner as may be prescribed;
c
for circumstances in which, and the time at which, a cash forfeiture notice is to be treated as having been given.
8
The regulations must ensure that where a cash forfeiture notice is given it is, if possible, given to every person to whom notice of an order under paragraph 3(2) in respect of the cash has been given.
9
A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
10
In this Part of this Schedule—
“senior officer” means—
- a
a senior police officer;
- b
an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
- c
an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer;
- a
“senior police officer” means a police officer of at least the rank of superintendent.
Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)