c.12
78
PART
VI
Telecommunications Act 1984
(10) If a magistrates' court does not order forfeiture of any
apparatus brought before it in proceedings under this section
the court may if it thinks fit order the person on whose application the proceedings were initiated to pay such costs as the
court thinks reasonable to any person who has appeared before
the court to show cause why the apparatus should not be forfeited ; and costs ordered to be paid under this subsection shall
be enforceable as a civil debt.
(11) Any apparatus ordered to be forfeited under this section
may be disposed of by the Secretary of State in such manner
as he thinks fit.
(12) This section has effect notwithstanding anything in section
140 of the Magistrates' Courts Act 1980 or Article 58 of the
S.I. 1981/1675 Magistrates' Courts (Northern Ireland) Order 1981.
1980 c. 43.
(N.I. 26).
(13) In the application of this section to Northern Ireland
references to a petty sessions area shall be read as references
to a petty sessions district.
(14) This section, except subsection (1) above, does not apply
to Scotland.
Proceedings
in Scotland for
forfeiture of
restricted
a
apparatus.
1975 c. 21.
81.-(1) Where in Scotland any restricted apparatus is seized
in pursuance of a warrant under section 15(1) of the 1949 Act or
in exercise of the power conferred by section 79(3) above, the
procurator fiscal may apply to the sheriff for forfeiture of the
apparatus under this section.
(2) An application under this section shall be made in the
manner specified in section 310 (incidental applications) of the
Criminal Procedure (Scotland) Act 1975 (in this section referred
to as "the 1975 Act ") and must be made within six months
of the seizure of the apparatus.
(3) The procurator fiscal making an application under this
section shall serve on any person appearing to him to be the
owner of, or otherwise interested in, the apparatus to which
the application relates a notice, to which is attached a copy
of the application, giving him the opportunity to appear at
the hearing of the application to show cause why the apparatus
should not be forfeited.
(4) Service under subsection (3) above shall be carried out,
and such service may be proved, in the manner specified for
citation of an accused in summary proceedings under the 1975
Act.
(5) In addition to the person on whom notice is served
under subsection (3) above, any other person claiming to be
the owner of, or otherwise interested in, any apparatus to which