Criminal Justice (Terrorist Offences) Act 2005

Compensation.

19

19.—(1) An application to the High Court for an order under this section may be made where—

( a) an interim order is discharged or lapses and an interlocutory order in relation to the matter is not made or, if made, is discharged (otherwise than pursuant to section 14(11) ),

( b) an interlocutory order is discharged (otherwise than pursuant to section 15(12) ) or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, or

( c) an interim order or an interlocutory order is varied (otherwise than pursuant to section 14(11) or 15(12)) or a disposal order is varied on appeal.

(2) On application under subsection (1) by a person who satisfies the Court that—

( a) the person is the owner of funds to which—

(i) an interim order referred to in subsection (1)(a) related,

(ii) an interlocutory order referred to in subsection (1)(b) related,

(iii) an order referred to in subsection (1)(c) had related, but by reason of it being varied by a court, has ceased to relate,

and

( b) the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13,

the Court may award to the person such (if any) compensation payable by the Minister for Finance as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned.

(3) The Minister for Finance shall be given notice of, and be entitled to be heard in, any proceedings under this section.

Annotations

Modifications (not altering text):

C3

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:

E11

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.