Telecommunications Act 1984
c. 12
an application under this section relates shall be entitled to
appear at the hearing of the application to show cause why that
apparatus should not be forfeited.
(6) Subject to the following provisions of this section, where
an application is made 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 cause is shown why the apparatus should not be forfeited.
The court shall not make an order under this section-
(7)
(a)
if any person on whom notice
is served under subsection
not appear, unless service of the
on that person is proved ; or
(b) if no notice under subsection (3) above has been
on any person, unless the court is satisfied that
circumstances it was reasonable not to serve
(3) above does
notice
served
in the
notice
on any person.
Where in any proceedings under this section an order
for the forfeiture of any apparatus, any person who
appeared, or was entitled to appear, to show cause why the
apparatus should not be forfeited may within twenty-one days of
the making of the order appeal to the High Court by bill of
suspension on the ground of an alleged miscarriage of justice
in the proceedings ; and section 452(4)(a) to (e) of the 1975
Act shall apply to appeals under this subsection as it applies to
appeals such as are mentioned in section 444(1) of the 1975
(8)
is made
Act:
Provided that the foregoing provisions of this subsection shall
without prejudice to any rule of law relating to bills of
suspension in so far as such rule of law is not inconsistent with
those provisions.
be
(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, until the conclusion of those
proceedings.
(10) 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.
(11) This section applies
to Scotland only.
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PART VI