- Latest available (Revised)
- Original (As made)
The Market Surveillance (Northern Ireland) Regulations 2021
You are here:
- UK Statutory Instruments
- 2021 No. 858
- SCHEDULE 1
- Paragraph 25
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Market Surveillance (Northern Ireland) Regulations 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 16(3)(a)(v) inserted by S.I. 2024/221 reg. 26(b)(ii)
Appeals against detention of products and documentsN.I.
This section has no associated Explanatory Memorandum
25.—(1) This paragraph applies where products or documents are being detained as the result of the exercise of a power in this Schedule.
(2) A person with an interest in the products or documents may apply for an order requiring them to be released to that or another person.
(3) An application under this paragraph may be made—
(a)to any magistrates' court in which proceedings have been brought for an offence as the result of the investigation in the course of which the products or documents were seized,
(b)to any magistrates' court in which proceedings have been brought for the forfeiture of the products or documents or (in the case of seized documents) any products to which the documents relate, or
(c)if no proceedings within paragraph (a) or (b) have been brought, by way of complaint to a magistrates' court.
(4) On an application under this paragraph, the court may make an order requiring products to be released only if satisfied that condition A or B is met.
(5) Condition A is that—
(a)no proceedings have been brought—
(i)for an offence as the result of the investigation in the course of which the products or documents were seized, or
(ii)for the forfeiture of the products or documents or (in the case of seized documents) any products to which the documents relate, and
(b)the period of 6 months beginning with the date the products or documents were seized has expired.
(6) Condition B is that—
(a)proceedings of a kind mentioned in sub-paragraph (5)(a) have been brought, and
(b)those proceedings have been concluded without the products or documents being forfeited.
(7) A person aggrieved by an order made under this paragraph by a magistrates' court, or by the decision of a magistrates' court not to make such an order, may appeal against the order or decision to a county court.
(8) An order made under this paragraph by a magistrates' court may contain such provision as the court thinks appropriate for delaying its coming into force pending the making and determination of any appeal.
(9) In sub-paragraph (8) “appeal” includes an application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 M1 (cases stated by magistrates' courts).
Commencement Information
I1Sch. 1 para. 25 in force at 16.7.2021, see reg. 1(1)
Marginal Citations
M1S.I. 1981/1675 (N.I. 26), to which there are amendments not relevant to these Regulations.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Schedule
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.