Schedule 2—Seizure and forfeiture of terrorist publications
- (b) in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service, and to act, on behalf of the claimant.
(3) Service upon a solicitor so specified is to be taken to be service on the claimant for the purposes of any proceedings by virtue of this Schedule.
(4) In a case in which notice of the seizure was given to different persons on different days, the reference in this paragraph to the day on which that notice was given is a reference—
- (a) in relation to a person to whom notice of the seizure was given, to the day on which that notice was given to that person; and
- (b) in relation to any other person, to the day on which notice of the seizure was given to the last person to be given such a notice.
Automatic forfeiture in a case where no claim is made
5 The article is to be treated as forfeited if, by the end of the period for the giving of a notice of claim in respect of it—
- (a) no such notice has been given; or
- (b) the requirements of paragraphs 3 and 4 have not been complied with in relation to the only notice or notices of claim that have been given.
Forfeiture by the court in other cases
6 (1) Where a notice of claim in respect of an article is duly given in accordance with paragraphs 3 and 4, the relevant constable must decide whether to take proceedings to ask the court to condemn the article as forfeited.
(2) The decision whether to take such proceedings must be made as soon as reasonably practicable after the giving of the notice of claim.
(3) If the relevant constable takes such proceedings and the court—
- (a) finds that the article was liable to forfeiture at the time of its seizure, and
- (b) is not satisfied that its forfeiture would be inappropriate,
the court must condemn the article as forfeited.
(4) If that constable takes such proceedings and the court—
- (a) finds that the article was not liable to forfeiture at the time of its seizure, or
- (b) is satisfied that its forfeiture would be inappropriate,
the court must order the return of the article to the person who appears to the court to be entitled to it.
(5) If the relevant constable decides not to take proceedings for condemnation in a case in which a notice of claim has been given, he must return the article to the person who appears to him to be the owner of the article, or to one of the persons who appear to him to be owners of it.
(6) An article required to be returned in accordance with sub-paragraph (5) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.
