Schedule 2—Seizure and forfeiture of terrorist publications
(2) If—
- (a) the article is (without having been returned) still in the custody of a constable after the end of the period of 12 months beginning with the day after the requirement to return it arose, and
- (b) it is not practicable to dispose of the article by returning it immediately to the person to whom it is required to be returned,
the constable may dispose of it in any manner he thinks fit.
Provisions as to proof
14 In proceedings arising out of the seizure of an article, the fact, form and manner of the seizure is to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.
15 In proceedings, the condemnation by a court of an article as forfeited under this Schedule may be proved by the production of either—
- (a) the order of condemnation; or
- (b) a certified copy of the order purporting to be signed by an officer of the court by which the order was made.
Special provisions as to certain claimants
16 (1) This paragraph applies where, at the time of the seizure of the article, it was—
- (a) the property of a body corporate;
- (b) the property of two or more partners; or
- (c) the property of more than five persons.
(2) The oath required by paragraph 9, and any other thing required by this Schedule or by rules of court to be done by an owner of the article, may be sworn or done by—
- (a) a person falling within sub-paragraph (3); or
- (b) a person authorised to act on behalf of a person so falling.
(3) The persons falling within this sub-paragraph are—
- (a) where the owner is a body corporate, the secretary or some duly authorised officer of that body;
- (b) where the owners are in partnership, any one or more of the owners;
- (c) where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.
Saving for owner’s rights
17 Neither the imposition of a requirement by virtue of this Schedule to return an article to a person nor the return of an article to a person in accordance with such a requirement affects—
- (a) the rights in relation to that article of any other person; or
- (b) the right of any other person to enforce his rights against the person to whom it is returned.
