Paragraph 3
Where a person is convicted of a noise offence the court may make an order (“a forfeiture order”) for forfeiture of any related equipment.
The court may make a forfeiture order whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.
In considering whether to make a forfeiture order in respect of any equipment a court must have regard—
to the value of the equipment, and
to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).
A forfeiture order operates to deprive the offender of any rights in the equipment to which it relates.
Notes on Schedule
Commencement
- I1
Sch. wholly in force; Sch. not in force at Royal Assent see s. 14(2); Sch. in force for England and Wales for specified purposes at 19.9.1996 by S.I. 1996/2219, art. 3; Sch. in force at 23.7.1997 insofar as not already in force for England and Wales by S.I. 1997/1695, art. 2; Sch. in force at 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2
Extent
- E1
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in s. 14; see 14(4)