Telecommunications Act 1984
c. 12
apply to a justice of the peace acting for the petty sessions
area in which the apparatus was seized (referred to below in
this section as the relevant petty sessions area) to initiate proceedings for forfeiture of the apparatus under this section.
(3)
An application under this section must be made within
the period of six months beginning with the date on which the
apparatus to which it relates was seized.
(4) A justice of the peace to whom an application under
this section is made may issue a summons to any person appearing to him to be the owner of or otherwise interested in the
apparatus to which the application relates requiring him to
appear on a day specified in the summons before a magistrates'
court acting for the relevant petty sessions area to show cause
why the apparatus should not be forfeited.
(5) In addition to the person summoned, any other person
claiming to be the owner of or otherwise interested in any
apparatus to which an application under this section relates
shall be entitled to appear before the court on the day specified
in the summons to show cause why it should not be forfeited.
(6) Subject to the following provisions of this section, where
any apparatus is brought before a magistrates' court in proceedings under this section and the court is satisfied that the
apparatus is restricted apparatus, the court shall order the
apparatus to be forfeited to the Secretary of State, unless the
person summoned or any other person entitled to appear before
the court for that purpose shows cause why the apparatus should
not be forfeited.
(7) If the person summoned does not appear, the court shall
not make an order under this section unless service of the
summons is proved.
(8) Where in any proceedings under this section an order is
made for the forfeiture of any apparatus, any person who
appeared, or was entitled to appear, to show cause against
the making of the order may appeal to the Crown Court.
(9) No order for the forfeiture of any apparatus made under
this section shall take effect(a) until the end of the period of twenty-one days after the
day on which the order is made ; or
(b) if appeal proceedings are brought in respect of the
order within that period (whether by way of appeal
to the Crown Court or by way of case stated for the
opinion of the High Court), until the conclusion of
those proceedings.
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