Page:Terrorism (Suppression of Financing) Act 2002.pdf/19

Rh represents the property owned or controlled by the terrorist or terrorist entity.

Implementation of forfeiture orders

25.—(1) Where any property is ordered to be forfeited to the Government under section 24, the Judge may make such other provision as appears to the Judge to be necessary for giving effect to the order, and, in particular, may—
 * (a) require any of the forfeited property to be paid or handed over to the proper officer;
 * (b) direct any of the forfeited property (other than money) or land to be sold or otherwise disposed of in such manner as the Judge may direct and the proceeds, if any, to be paid to the proper officer;
 * (c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the Judge, of any of the forfeited property, to realise it in such manner as the Judge may direct and to pay the proceeds to the proper officer.

(2) For the purposes of subsection (1)—
 * (a) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation; and
 * (b) "proper officer" means any person authorised by the Minister to receive the relevant property.

Order refusing forfeiture of property

26.—(1) Where a Judge refuses an application under section 21 in respect of any property, the Judge shall make an order that describes the property and declares that it is not property referred to in that section.

(2) If a Judge is satisfied that any respondent referred to in section 23 has an interest in any property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist act, and is not a member of a terrorist entity, the Judge shall—