Criminal Justice (Terrorist Offences) Act 2005

Disposal order.

16

16.—(1) Subject to subsection (2), where an interlocutory order has been in force for not less than 7 years in relation to funds, the High Court may, on application by a member of the Garda Síochána, make an order directing that all or, if appropriate, a specified part of the funds be transferred, subject to such terms and conditions as the Court may specify, to the Minister for Finance or such other person as the Court may determine.

(2) Subject to subsections (6) and (8), the Court shall make a disposal order in relation to any funds that are the subject of an application under subsection (1) unless it is satisfied that the funds are not funds that had been used or were intended for use in committing or facilitating the commission of an offence under section 6 or 13.

(3) The applicant shall give notice of an application under this section to—

( a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

( b) such other (if any) persons as the Court may direct.

(4) A disposal order operates to deprive the respondent of any rights to the funds to which the order relates and on the making of the order the funds are transferred to the Minister for Finance or other person determined by the Court.

(5) The Minister for Finance may dispose of any funds transferred to him or her under this section and any proceeds of the disposition and any money transferred to that Minister under this section shall be paid into and disposed of by him or her for the benefit of the Exchequer.

(6) In proceedings under subsection (1), before deciding whether to make a disposal order, the Court shall give any person claiming ownership of the funds an opportunity to be heard by the Court and to show cause why the order should not be made.

(7) On application by the respondent or, if the respondent's whereabouts cannot be ascertained, on the Court's own initiative, the Court may, if it considers it appropriate to do so in the interests of justice, adjourn the hearing of an application under subsection (1) for such period not exceeding 2 years as it considers reasonable.

(8) The Court shall not make a disposal order if it is satisfied that there would be a serious risk of injustice.

Annotations

Modifications (not altering text):

C2

Functions transferred and references to “Department of Public Expenditure and Reform” and “Minister for Public Expenditure and Reform” construed (28.10.2015) by Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 517 of 2015), subject to transitional provisions in arts. 4-6.

2. The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Finance.

3. The functions conferred on the Minister for Public Expenditure and Reform by or under sections 16, 19 and 42 of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005) are transferred to the Minister for Finance.

Editorial Notes:

E10

Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; superseded as per C-note above.