HC Deb 15 March 2000 vol 346 c428
Mr. Charles Clarke

I beg to move amendment No. 6, in page 14, line 22, leave out "by a magistrates' court".

Mr. Deputy Speaker (Sir Alan Haselhurst)

With this it will be convenient to discuss Government amendments Nos. 7, 8 and 10 to 13.

Mr. Clarke

The purpose of this group of amendments is to ensure that the provision for England, Wales and Northern Ireland set out in amendment No. 9 will also apply to Scotland. I hope that they are uncontroversial and can be agreed by the House.

Amendment agreed to.

Amendments made: No. 7, in page 14, line 25, after "Court," insert— '() where the order is made by the sheriff in Scotland, to the Court of Session,'.

No. 8, in page 14, line 32, after "court" insert "or the sheriff'.

No. 9, in page 14, line 42, at end insert— '(5A) Subsection (5B) applies where a successful application for a forfeiture order relies (in whole or in part) on the fact that an organisation is proscribed, and—

  1. (a) a deproscription appeal under section 5 is allowed in respect of the organisation,
  2. (b) an order is made under section 3(3)(b) in respect of the organisation in accordance with an order of the Proscribed Organisations Appeal Commission under section 5(4) (and, if the order is made in reliance on section 121(4), a resolution is passed by each House of Parliament under section 121(4)(b)), and
  3. (c) the forfeited cash was seized under section 25 on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.
(5B) Where this subsection applies an appeal under subsection (1) may be brought at any time before the end of the period of 30 days beginning with the date on which the order under section 3(3)(b) comes into force.'.

No. 10, in page 14, line 43, leave out subsection (6).—[Mr. Charles Clarke.]

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