Part 4

Property exported from occupied territory

Seizure and retention of property liable to forfeiture

Return of property to owner if not forfeited
27
1
This section applies to property that has been seized under section 23, or retained in pursuance of an order under section 24, if—
a
an application for the forfeiture of the property under section 20 is refused and no appeal against the refusal (or any subsequent appeal) is pending,
b
proceedings on an application for the forfeiture of the property under section 20 are discontinued,
c
a forfeiture order made in respect of the property under section 20 has lapsed, or
d
no application for its forfeiture has been made under section 20 within the period of four months beginning with the day on which the property was seized under section 23 or the order was made under section 24.
2
The property must be returned to its owner as soon as is reasonably practicable.
3
If it is not reasonably practicable to return the property within the period of 12 months beginning with the day on which the duty to return it arises, the property may be disposed of in such manner as the person who for the time being has custody of the property thinks appropriate.
4
For the purposes of subsection (1)(a) an appeal is pending if—
a
an appeal has been brought but has not been determined or withdrawn,
b
an application for permission to appeal has been made but has not been determined or withdrawn, or
c
no such application has been made but the period for bringing an appeal is still running (disregarding the possibility of an appeal out of time).
5
References in this section to the owner of property mean, if there is more than one owner, any of them.
S. 27 in force at 12.12.2017 by S.I. 2017/1087, reg. 2