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Paragraph 24 X1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where—

(a)

a forfeiture order or a restraint order is made in or in relation to proceedings for F1a relevant offence, and

(b)

the proceedings result in a conviction which is subsequently quashed on an appeal under section 7(2) or (5) as applied by section 8(1).

(2)

A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation.

(3)

The Court of Session may order compensation to be paid to the applicant if satisfied—

(a)

that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of the forfeiture order or restraint order, and

(b)

that, having regard to all the circumstances, it is appropriate to order compensation to be paid.

(4)

Compensation payable under this paragraph shall be paid by the Secretary of State.

Annotations

Textual amendments

F1

Words in Sch. 4 para. 24(1)(a) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 5(17) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

Editorial notes

X1

The omission of the cross-heading "Compensation" on 18.6.2009 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under "Restraint Orders" cross-heading.