Part 4

Confiscation: Northern Ireland

Receivers: further provisions

Appeal to Court of Appeal
213
1
If on an application for an order under any of sections 196 to 199 ... the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
2
If the court makes an order under any of sections 196 to 199 ..., the following persons may appeal to the Court of Appeal in respect of the court’s decision—
a
the person who applied for the order;
b
any person affected by the order.
3
If on an application for an order under section 210 the court decides not to make one, the person who applied for the order may appeal to the Court of Appeal against the decision.
4
If the court makes an order under section 210, the following persons may appeal to the Court of Appeal in respect of the court’s decision—
a
the person who applied for the order;
b
any person affected by the order;
c
the receiver.
5
The following persons may appeal to the Court of Appeal against a decision of the court on an application under section 211—
a
the person who applied for the order in respect of which the application was made ...;
b
any person affected by the court’s decision;
c
the receiver.
6
On an appeal under this section the Court of Appeal may—
a
confirm the decision, or
b
make such order as it believes if appropriate.
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 8(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Words in s. 213(5)(a) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 65(4), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 9(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Words in s. 213(1) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 65(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Words in s. 213(2) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 65(3), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 11(5)
Pt. 4 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 4 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 2 para. 6(5)
Pt. 4: power to amend conferred (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 97(3), 178(8); S.I. 2005/1521, art. 3(1)(a)
Pt. 4 applied by S.I. 1989/1341 (N.I. 12), arts. 57(5B), 59(8B) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), Supreme Court s. 458(1), Sch. 11 para. 19(2)(3); S.I. 2003/333, art. 2, Sch.)
Pt. 4 functions of receiver extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
S. 213 in force at 24.3.2003 by S.I. 2003/333, art. 2, Sch.