23(1)Where a recognizance entered into under paragraph 22 above appears to [F1the Asylum and Immigration Tribunal] to be forfeited, [F1the Asylum and Immigration Tribunal] may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as [F1the Asylum and Immigration Tribunal] thinks fit; and an order under this sub-paragraph shall specify a magistrates’ court or, in Northern Ireland, court of summary jurisdiction, and—U.K.
(a)the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified; and
(b)the [F1the Asylum and Immigration Tribunal] shall, as soon as practicable, give particulars of the recognizance to the [F2proper officer] of that court.
[F3(1A)In sub-paragraph (1) “proper officer” means—
(a)in relation to a magistrates’ court in England and Wales, the [F4designated officer] for the court; and
(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]
(2)Where a person released on bail under paragraph 22 above as it applies in Scotland fails to comply with the terms of his bail bond, [F1the Asylum and Immigration Tribunal] may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by [F1the Asylum and Immigration Tribunal] to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been forfeited by that court.
(3)Any sum the payment of which is enforceable by a magistrates’ court in England or Wales by virtue of this paragraph shall be treated for the [F5purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as being] due under a recognizance forfeited by such a court . . . F6
(4)Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the M1Administration of Justice Act (Northern Ireland) 1954, be treated as a forfeited recognizance.
Textual Amendments
F1Words in Sch. 2 para. 23(1)(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 26, Sch. 2 para. 1(2)(b); S.I. 2005/565, art. 2 (with arts. 3-9)
F2Words in Sch. 2 para. 23(1)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F3Sch. 2 para. 23(1A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 64, 70(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F4Words in Sch. 2 para. 23(1A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(2); S.I. 2005/910, art. 3(y)(bb)
F5Words in Sch. 2 para. 23(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 149(3); S.I. 2005/910, art. 3(y)(bb)
F6Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II
Modifications etc. (not altering text)
C1Sch. 2 para. 23 modified (3.8.1998) by 1997 c. 68, s. 3, Sch. 3 para. 2; S.I. 1998/1892, art. 2
Sch. 2 para. 23 applied (2.10.2000) by 1999 c. 33, ss. 9(4), 10(7); S.I. 2000/2444, art. 2, Sch. 1 (subject to transitional provisions in art. 3, Sch. 2 para. 2)
Sch. 2 para. 23 applied (with modifications) (14.12.2001) by 2001 c. 24, ss. 24(2)(b), 127(2)
C2Sch. 2 paras. 2-4, 7, 16-18, 21-24 applied (with modifications) (2.10.2000) by S.I. 2000/2326, reg. 24(2) (with regs. 9, 28)
Marginal Citations