s. 51 (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 51 Application for exclusion from automatic forfeiture (1) If property is forfeited to the Minister under S. 51(1) amended by section 35, a person (other than the accused) who Nos 43/1998 claims to have had an interest in the property s. 36(m), 68/2009 immediately before it was forfeited may, subject s. 97(Sch. to subsections (2) and (4), apply to the court that item 23.39). made the relevant restraining order for an order under section 52. (2) The application must, subject to subsection (3), be S. 51(2) amended by made before the end of the period of 60 days No. 43/1998 commencing on the day on which the property is s. 36(m). forfeited to the Minister. (3) The court that made the relevant restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of— (a) proceedings on the application for the relevant restraining order; or (b) the making of the relevant restraining order— except with the leave of the court that made the relevant restraining order. (5) The court may grant a person leave under S. 51(5) amended by subsection (4) to make an application if the court No. 42/2007 is satisfied that the person's failure to seek to have s. 18(Sch. item 15). that person's interest in the property excluded
(2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 51 Application for exclusion from automatic forfeiture s. 51 S. 51(1) amended by Nos 43/1998 s. 36(m), 68/2009 s. 97(Sch. item 23.39). (1) If property is forfeited to the Minister under section 35, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant restraining order for an order under section 52. S. 51(2) amended by No. 43/1998 s. 36(m). (2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. (3) The court that made the relevant restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of— (a) proceedings on the application for the relevant restraining order; or (b) the making of the relevant restraining order— except with the leave of the court that made the relevant restraining order. S. 51(5) amended by No. 42/2007 s. 18(Sch. item 15). (5) The court may grant a person leave under subsection (4) to make an application if the court is satisfied that the person's failure to seek to have that person's interest in the property excluded