# The Serbia and Montenegro (United Nations Sanctions) (Channel Islands) Order 1993, Article 10: Procedure for giving certificates and making orders of forfeiture


(1) Before making a determination for the purposes of article 4(7), 5(4), or 6(6) the relevant authority—
(a) by notice in writing served on the owner of the ship or goods vehicle, or the owner or operator of the aircraft, as the case may be, shall state that it believes that the ship, goods vehicle or aircraft has been used or operated in violation of the United Nations resolutions and shall invite the owner or operator to make representations to it in writing concerning the matter within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the relevant authority; and
(b) shall publish a notice in La Gazette Officielle or the Jersey Gazette, as the case may require, inviting any person who claims to have an interest in the ship, goods vehicle or aircraft to make representations to it concerning the matter referred to in sub-paragraph (a) above, within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the relevant authority.
(2) Before making an order of forfeiture under article 7(1), 8(1), or 9(1) the relevant authority—
(a) by notice in writing served on the owner of the ship, goods vehicle or cargo, or the owner or operator of the aircraft, as the case may be, shall state its intention to make such an order and shall invite that person to make representations to it in writing concerning the matter within such period of not less than 21 days beginning on the day on which the notice is given as may be specified in the notice and shall state that, if the owner or operator, as the case may be, so requests, he shall be afforded an opportunity of being heard by the relevant authority; and
(b) shall publish a notice inLa Gazette Officielleor the Jersey Gazette, as the case may require, inviting any person who claims an interest in the ship, goods vehicle, aircraft or cargo to make representations in writing to it concerning the proposed forfeiture within such period of not less than 21 days beginning on the day on which the notice is published as may be specified in the notice and stating that, if the person so requests, he shall be afforded an opportunity of being heard by the relevant authority.
(3) Where a person has under paragraph (1) or (2) of this article requested a hearing the procedure shall be as set out in Schedule 3 to this Order.
(4) An order of forfeiture shall come into effect on the later of—
(a) the expiration of 21 days after it is made, or
(b) in a case where proceedings under paragraph (5)(a) of this article have been instituted, if and when those proceedings are dismissed.
(5) (a) Before the expiration of the period of 21 days referred to in paragraph (4) of this article, the owner of the ship, goods vehicle, or cargo and the owner or operator of the aircraft may institute proceedings against the relevant authority to set aside the order of forfeiture on the grounds that the conditions for forfeiture set out in this Order have not been met.
(b) Such proceedings shall be civil proceedings and may be instituted—
(i) in the Bailiwick of Guernsey, in the Ordinary Division of the Royal Court of Guernsey, or
(ii) in the Bailiwick of Jersey, in the Royal Court of Jersey.
(6) For the purposes of this article, proceedings shall be regarded as instituted when the writ or other originating process by which the proceedings are instituted is issued.

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Source: https://www.legislation.gov.uk/uksi/1993/1253/article/10 (the official version)
Page: https://openlegislation.uk/serbia-and-montenegro-united-nations-sanctions-channel-islands-order-1993/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.