# The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002, Paragraph 10: Compensation


(1) If no forfeiture order is made in respect of any cash detained under this Schedule, the person to whom the cash belongs or from whom it was seized may make an application to the magistrates' court for compensation.
(2) If, for any period after the initial detention of the cash for 48 hours, the cash was not held in an interest-bearing account while detained, the court may order an amount of compensation to be paid to the applicant.
(3) The amount of compensation to be paid under sub-paragraph (2) is the amount the court thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account.
(4) If the court is satisfied that, taking account of any interest to be paid under this Schedule or any amount to be paid under sub-paragraph (2), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court may order compensation (or additional compensation) to be paid to him.
(5) The amount of compensation to be paid under sub-paragraph (4) is the amount the court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.
(6) Any compensation ordered to be paid under this paragraph is to be paid out of the funds of the government of the Territory.
(7) If a forfeiture order is made in respect only of a part of any cash detained under this Schedule, this paragraph has effect in relation to the other part.
(8) This paragraph does not apply if the court makes an order under paragraph 9.

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Source: https://www.legislation.gov.uk/uksi/2002/1822/schedule/3/paragraph/10 (the official version)
Page: https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002/schedule-3/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.