Legislation – National Security Act 2023
Schedule 16Damages at risk of being used for the purposes of terrorism
Forfeiture
3
(1)
This paragraph applies where a court has made an extension order under paragraph 2.
(2)
The court may, on the application of a Minister of the Crown, order that all or part of the damages in court by virtue of the extension order are to be forfeited (a “forfeiture order”).
(3)
The court may not make a forfeiture order unless satisfied that, if the damages to which the forfeiture order relates are paid to the claimant at the end of the extended freezing period (or, if later, when the court decides the application), there is a real risk that those damages will be used for the purposes of terrorism.
(4)
Damages forfeited pursuant to a forfeiture order, and any accrued interest on those damages, are to be paid into the Consolidated Fund when there is no further possibility of an appeal on which the forfeiture order may be varied or quashed.
(5)
Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of sub-paragraph (4).
(6)
An application for a forfeiture order must be made before the end of the extended freezing period.
(7)
Sub-paragraph (8) applies where—
(a)
an application is made under this paragraph, and
(b)
the court has not decided the application before the end of the extended freezing period.
(8)
The damages to which the application relates are to remain in court until the court decides the application.