The Administrative Forfeiture of Cash (Forfeiture Notices) (Northern Ireland) Regulations 2016

Giving a forfeiture notice to a child or a protected person

7.—(1) Where the intended recipient of a forfeiture notice is known to be a child who is not also a protected person, the forfeiture notice must be given to—

(a) one of the child’s parents or guardians; or

(b) if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.

(2) Where the intended recipient of a forfeiture notice is known to be a protected person, the forfeiture notice must be given to—

(a) one of the following persons with authority in relation to the protected person as—

(i) the attorney under a registered enduring power of attorney;

(ii) the controller appointed by the Office of Care and Protection(1); or

(b) if there is no such person, an adult with whom the protected person resides or in whose care the protected person is.

(3) Any reference in these Regulations to a person to whom a forfeiture notice is to be given includes the person to be given the forfeiture notice on behalf of a child or protected person under paragraph (1) or (2).

(4) Where—

(a) there is no person falling within paragraph (1) to whom a forfeiture notice can be given on behalf of a child who is not also a protected person; or

(b) there is no person falling within paragraph (2) to whom a forfeiture notice can be given on behalf of a protected person,

a senior officer may not give a forfeiture notice to a person who is known to be a child in the case of paragraph (a), or to a protected person in the case of paragraph (b).

(5) In this regulation—

“child” means a person under 18 years; and

“protected person” means a person who is 16 years or over who lacks capacity to understand the nature of a forfeiture notice because of an impairment of, or a disturbance in the functioning of, the mind or brain.

(1)

see Order 109 of The Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. (NI) 1980 No 1841). The Rules of the Supreme Court (Northern Ireland) 1980 were renamed in accordance with paragraph 3 of schedule 11 to the Constitutional Reform Act 2005 (c. 4).