Forfeiture
(1) While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made-
(a) to a magistrates' court by the Commissioners of Customs and Excise or an authorised officer,
(b) (in Scotland) to the sheriff by the Scottish Ministers.
(2) The court or sheriff may order the forfeiture of the cash or any part of it if satisfied that the cash or part is terrorist cash.
(3) In the case of property earmarked as terrorist property which belongs to joint tenants one of whom is an excepted joint owner, the order may not apply to so much of it as the court or sheriff thinks is attributable to the excepted joint owner's share.
(4) An excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him) be earmarked; and references to his share of the earmarked property are to so much of the property as would have been his if the joint tenancy had been severed.
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