107.Paragraph 9 corresponds to paragraph 7 of Schedule 4 to the PTA and has similar effect. Whereas under the PTA, compensation could only be paid where proceedings had been instituted, under the Act it will also be payable where a restraint order is made in relation to expected proceedings but the proceedings are not in the event instituted. Paragraph 10 comes into play when an organisation is deproscribed following a successful appeal to POAC. It enables a person with an interest in any property which has been subject to a forfeiture or restraint order under the Schedule to apply to the High Court for compensation.
Schedule 4: Forfeiture Orders Paragraphs 9–10: Compensation