Application by interested person to revoke or vary warrant or order
19.—(1)  Any person who has an interest in the property that was seized under a warrant issued under section 11(1)(a) or in respect of which a restraint order was issued under section 11(1)(b) may, at any time, apply to a Judge —
(a)for an order under subsection (4); or
(b)for permission to examine the property.
(2)  Where an application is made under subsection (1)(a) —
(a)the application must not, without the consent of the Public Prosecutor, be heard by a Judge unless the applicant has given to the Public Prosecutor at least 2 clear days’ notice in writing of the application; and
(b)the Judge may require notice of the application to be given to and may hear any person who, in the opinion of the Judge, appears to have a valid interest in the property.
[15/2010]
(3)  A Judge may, on an application made to the Judge under subsection (1)(b), order that the applicant be permitted to examine the property subject to such terms as appear to the Judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.
(4)  On an application made to a Judge under subsection (1)(a) in respect of any property and after hearing the applicant and the Public Prosecutor and any other person to whom notice was given under subsection (2)(b), the Judge may order that the property or part thereof be returned to the applicant or, in the case of a restraint order issued under section 11(1)(b), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to any reasonable conditions that the Judge thinks fit —
(a)if the applicant enters into a recognizance before the Judge, with or without sureties, in such amount and with such conditions, if any, as the Judge directs and where the Judge considers it appropriate, deposits with the Judge such sum of money or other valuable security as the Judge directs;
(b)if the condition referred to in subsection (6) is satisfied; or
(c)for the purpose of —
(i)meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the Judge, has a valid interest in the property and of that person’s dependants; or
(ii)meeting the reasonable business and legal expenses of a person mentioned in sub‑paragraph (i),
if the Judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.
[15/2010]
(5)  For the purpose of determining the reasonableness of expenses mentioned in subsection (4)(c), the Public Prosecutor may, at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses.
[15/2010]
(6)  An order under subsection (4)(b) in respect of property may be made by a Judge if the Judge is satisfied —
(a)where the application is made by —
(i)a person charged with a terrorism financing offence; or
(ii)any person who acquired title to or a right of possession of that property from a person mentioned in sub-paragraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,
that a warrant should not have been issued under section 11(1)(a) or a restraint order should not have been issued under section 11(1)(b) in respect of the property; or
(b)in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in any terrorism financing offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,
and that the property will no longer be required for the purpose of any investigation or as evidence in any proceedings.