Textual Amendments
F1Word 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)
Textual Amendments
F2Sch. 1 Pt. 4A inserted (27.4.2017 for specified purposes, 30.1.2018 for the insertion of Sch. 1 para. 10G(9), 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 3 para. 2; S.I. 2018/78, regs. 2(h), 3(cc)
10G(1)While property is detained under this Part of this Schedule, an application for the forfeiture of the whole or any part of it may be made—U.K.
(a)to a magistrates' court, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;
(b)to the sheriff, by the Scottish Ministers.
(2)The court or sheriff may order the forfeiture of the property or any part of it if satisfied that—
(a)the property is a listed asset, and
(b)what is to be forfeited is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.
(3)An order under sub-paragraph (2) made by a magistrates' court may provide for payment under paragraph 10N of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
(a)the proceedings in which the order is made, or
(b)any related proceedings under this Part of this Schedule.
(4)A sum in respect of a relevant item of expenditure is not payable under paragraph 10N in pursuance of provision under sub-paragraph (3) unless—
(a)the person who applied for the order under sub-paragraph (2) agrees to its payment, or
(b)the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
(5)For the purposes of sub-paragraph (4)—
(a)a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (2) had instead been a recovery order made under section 266 of that Act;
(b)an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations;
(c)if the person who applied for the order under sub-paragraph (2) was an authorised officer, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer.
(6)Sub-paragraph (2) ceases to apply on the transfer of an application made under this paragraph in accordance with paragraph 10J(1)(a) or (b).
(7)Where an application for the forfeiture of any property is made under this paragraph, the property is to be detained (and may not be released under any power conferred by this Part of this Schedule) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded.
(8)Where the property to which the application relates is being detained under this Part of this Schedule as part of an item of property, having been seized under paragraph 10B(2), sub-paragraph (7) is to be read as if it required the continued detention of the whole of the item of property.
(9)For the purposes of sub-paragraph (5)(c), a “senior officer” means—
(a)in relation to an application made by a constable or a counter-terrorism financial investigator, a senior police officer;
(b)in relation to an application made by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;
(c)in relation to an application made by an immigration officer, such an officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer.
(10)In sub-paragraph (9), a “senior police officer” means a police officer of at least the rank of superintendent.]