Schedules

Schedule 18Forfeiture of property under section 275 or 276

Notice of intended forfeiture

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1

The relevant authority must give notice of the intended forfeiture of the property (“notice of intended forfeiture”) to each of the following persons—

a

every person who appears to the authority to have been the owner of the property, or one of its owners, at the time of the seizure of the property;

b

in the case of property seized from a vessel, the master, owner and charterer (if any) of the vessel at that time;

c

in the case of property seized from premises, every person who appears to the authority to have been an occupier of the premises at that time;

d

in any other case, the person (if any) from whom the property was seized.

2

The notice of intended forfeiture must set out—

a

a description of the property,

b

the grounds of the intended forfeiture, and

c

how a person may give a notice of claim under this Schedule and the period within which such a notice must be given.

3

In a case where—

a

the property was seized following an inspection carried out in exercise of the power conferred by section 264, and

b

the relevant authority, after taking reasonable steps to do so, is unable to identify any person as owning the property,

the reference in sub-paragraph (1) to a requirement to give notice of intended forfeiture to such a person is to be read as a reference to a requirement to take such steps as the authority thinks fit to bring the contents of the notice to the attention of persons likely to be interested in it.

4

Property may be treated or condemned as forfeited under this Schedule only if—

a

the requirements of this paragraph have been complied with in the case of the property, or

b

it was not reasonably practicable for them to be complied with.