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Terrorism Act 2006
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- 2006 c. 11
- SCHEDULE 2
- Forfeiture proceedings
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11A inserted by 2008 c. 28 s. 38(3)
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2006/1013 art. 2 commences (2006 c. 11)
- S.I. 2006/1936 art. 2 commences (2006 c. 11)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/58 art. 2 Commencement Order
- S.I. 2009/1256 art. 2 commences (2008 c. 28)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
Prospective
Forfeiture proceedingsE+W+S+N.I.
7Proceedings by virtue of this Schedule are civil proceedings and may be instituted—E+W+S+N.I.
(a)in England or Wales, either in the High Court or in a magistrates' court;
(b)in Scotland, either in the Court of Session or in the sheriff court; and
(c)in Northern Ireland, either in the High Court or in a court of summary jurisdiction.
8Proceedings by virtue of this Schedule in—E+W+S+N.I.
(a)a magistrates' court in England or Wales,
(b)the sheriff court in Scotland, or
(c)a court of summary jurisdiction in Northern Ireland,
may be instituted in that court only if it has jurisdiction in relation to the place where the article to which they relate was seized.
9(1)In proceedings by virtue of this Schedule that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that, at the time of the seizure, the seized article was, or was to the best of his knowledge and belief, the property of the claimant.E+W+S+N.I.
(2)In any such proceedings instituted in the High Court—
(a)the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and
(b)the claimant must comply with any such requirement.
(3)If a requirement of this paragraph is not complied with, the court must find against the claimant.
10(1)In the case of proceedings by virtue of this Schedule that are instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.E+W+S+N.I.
(2)In the case of such proceedings that are instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.
(3)This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.
11Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings by virtue of this Schedule in relation to an article, the article is to be left in the custody of a constable pending the final determination of the matter.E+W+S+N.I.
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