Section 43 — Further provision about forfeiture

(1) An application under section 42 to a magistrates’ court in England and Wales is to be made by way of complaint.

(2) An application under section 42 to a court of summary jurisdiction in Northern Ireland is to be made by way of complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(3) In a case where proceedings have been brought in England and Wales or Northern Ireland for—

(a) an offence under section 32 relating to a compliance failure, or

(b) an offence under paragraph 36(1) or (2) of Schedule 5 to the Consumer Rights Act 2015 arising out of any investigation into a compliance failure,

an application under section 42 relating to the compliance failure may be made in those proceedings.

(4) A court may not order the forfeiture of any products under section 42 unless—

(a) the Secretary of State has given notice of—

(i) the application, and

(ii) the date and location of the proceedings for forfeiture,

to every identifiable person having an interest in the products, or

(b) where the notice required by paragraph (a)(i) or (ii) has not been given to such a person, the court is satisfied that it was reasonable in the circumstances not to give notice to that person.

(5) Any person having an interest in any forfeitable products is entitled to appear in proceedings under section 42 relating to the products.

(6) No order for forfeiture under section 42 may take effect until—

(a) the end of the period within which an appeal under section 44 may be made against the order, or

(b) if such an appeal is made, the time when it is determined or withdrawn.

(7) In this section “compliance failure” and “forfeitable products” have the same meaning as in section 42.