Offences Against the State (Amendment) Act, 1985
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Compensation for owner, in certain circumstances, where moneys are paid into High Court under section 2 . |
4.—(1) Where moneys paid into the High Court pursuant to section 2 of this Act are ordered by that Court under section 3 of this Act to be paid to any person, that Court may, on application to it under this subsection award to the person, compensation payable by the Minister in respect of any loss incurred by him by reason of the payment of the moneys into and their retention in that Court under the said section 2 . | |
(2) Where, on application to the High Court under this subsection, a person shows to the satisfaction of that Court— | ||
(a) that moneys paid to the Minister under section 2 of this Act are not moneys in relation to which section 22 of the Principal Act has had effect, and | ||
(b) that the person is the owner of the moneys, | ||
the High Court may— | ||
(i) if it is of opinion that there are reasonable grounds for the failure of the person to make an application to that Court under section 3 of this Act in respect of the moneys within the time specified in that section, and | ||
(ii) if the application under this subsection has been made within 6 years of the day on which the moneys were paid into that Court pursuant to section 2 of this Act, | ||
award to the person compensation payable by the Minister in respect of any loss incurred by the person by reason of the payment of the moneys into and their retention in the High Court, and their payment to the Minister and retention by the State, under the said section 2 . | ||
(3) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section. |