Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/144

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Terrorism Act 2000
c. 11139

Sch. 12

5.—(1) An applicant may appeal to the county court against—

(a) the amount of compensation awarded, or
(b) the refusal of compensation.

(2) An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.

6.—(1) This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—

(a) knowingly made a false or misleading statement,
(b) made a statement which he did not believe to be true, or
(c) knowingly failed to disclose a material fact.

(2) The Secretary of State may—

(a) refuse to award compensation,
(b) reduce the amount of compensation which he would otherwise have awarded, or
(c) withhold all or part of compensation which he has awarded.

7. Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.

Assignment of right

8.—(1) This paragraph applies where—

(a) a person has made an application for compensation, and
(b) his right to compensation has passed to another person by virtue of an assignment or the operation of law.

(2) The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.

Offenders

9.—(1) This paragraph applies where a person has a right to compensation in respect of an act and—

(a) the act was done in connection with, or revealed evidence of the commission of, a scheduled offence or a non-scheduled offence under this Act, and
(b) proceedings for the offence are brought against the person.

(2) The person’s right to compensation shall not be enforceable while the proceedings have not been concluded.

(3) If the person stands convicted of the offence he shall have no right to compensation.

Notices

10. A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.

11.—(1) The Secretary of State may serve a notice under this Schedule on an individual—

(a) by delivering it to him,
(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or
(c) by leaving it for him there.