# The Telecommunications Terminal Equipment Regulations 1992, Regulation 82: Forfeiture: England and Wales and Northern Ireland


(1) An enforcement authority in England and Wales or Northern Ireland may apply under this regulation for an order for the forfeiture of—
(a) any applicable terminal equipment on the grounds that there has been a contravention in relation thereto of regulation 8 above;
(b) either—
(i) any terminal equipment other than applicable terminal equipment; or
(ii) any connection-capable equipment or radio connection-capable equipment other than equipment to which regulation 12(1) applies,
on the grounds that there is affixed to it either the CE mark or the connection symbol or the non-connection symbol or any inscription liable to be confused with any such mark in contravention of regulation 10;
(c) any connection-capable equipment or radio connection-capable equipment to which paragraph (1) of regulation 12 above applies on the grounds either that—
(i) it does not comply with the requirements of that paragraph; or
(ii) there is affixed to it the connection symbol or any inscription liable to be confused therewith in contravention of regulation 12.
(2) An application under this regulation may be made—
(a) where proceedings have been brought in a magistrates' court for an offence in respect of an offence in relation to some or all of the equipment under regulation 70, 71 or 73, to that court;
(b) where an application with respect to some or all of the equipment has been made to a magistrates' court under regulation 65 or 68 above, to that court; and
(c) where no application for the forfeiture of the equipment has been made under sub-paragraph (a) or (b) above, by way of complaint to a magistrates' court.
(3) On an application under this regulation the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 8 or 12 above.
(4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this regulation that there has been a contravention in relation to any equipment of regulation 8 or 12 above if it is satisfied that that regulation has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(5) Any person aggrieved by an order made under this regulation by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision—
(a) in England and Wales, to the Crown Court;
(b) in Northern Ireland, to the county court,
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
(6) Subject to paragraph (7) below, where any equipment is forfeited under this regulation it shall be destroyed in accordance with such directions as the court may give.
(7) On making an order under this regulation a magistrates' court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—
(a) does not supply the equipment to any person otherwise than—
(i) to a person who carries on a business of buying equipment of the same description as the first mentioned equipment and repairing or recondition-ing it; or
(ii) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself); and
(b) complies with any order to pay costs or expenses (including any order under regulation 84 below) which has been made against that person in the proceedings for the order for forfeiture.

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Source: https://www.legislation.gov.uk/uksi/1992/2423/regulation/82 (the official version)
Page: https://openlegislation.uk/telecommunications-terminal-equipment-regulations-1992/regulation-82
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.