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[26th July 1977] [{2}(Northern Ireland) Order 1980| and the appeal were brought under Part VI of that Order]. B>(6) Nothing in this Order or in any county court rule or in any other statutory provision whatsoever shall authorise the Secretary of State or the court to extend the time for bringing an appeal under this Article. N Recovery from offender A > 16. (1) Where C >>( a ) any person is convicted of a criminal offence; and C >>( b ) compensation has been paid or is payable in respect of any damage to, or unlawful removal of, property directly attributable to that offence, B a court may, on an application made to it by the Secretary of State, make an order directing the offender to reimburse to the Secretary of State an amount equal to the whole or any specified part of the amount of the compensation paid or payable. B>(2) Any such order may be for the payment by the offender of a lump sum or of periodical payments during a specified period, or both, and, in any event, shall be enforceable in the same manner as a county court decree for a debt is enforceable. B>(3) Before making an order under this Article, the court shall C >>( a ) give the offender an opportunity to be heard; and C >>( b ) have regard to the financial position of the offender, his employment, the possibilities of his future employment, his liabilities to his family and otherwise and such other circumstances as the court considers relevant; B and may, for the purposes mentioned in sub-paragraph ( b ), obtain and consider a report from a probation officer. B>(4) The court may at any time, on the application of the Secretary of State or of the offender, vary an order under this Article in such manner as it thinks fit. B>(5) In considering an application under paragraph (4), the court shall have regard to C >>( a ) any fresh evidence which has become available; C >>( b ) any change of circumstances which has occurred since the making of the order or, as the case may be, any previous variation of the order, or which is likely to occur; and C >>( c ) any other matter which the court considers relevant. B >(6) Where the total amount paid to the Secretary of State under this Article and under Article 17 in respect of any loss suffered for damage to, or unlawful removal of, property exceeds the amount of compensation paid by him in respect of that damage or unlawful removal the Secretary of State shall repay the excess to the offender or, as the case may be, to the applicant. B>(7) In this Article and in Article 17 ""compensation'' includes C >>( a ) any costs awarded, on an appeal under Article 15, to any person other than the Secretary of State; C >>( b ) any expenses incurred by the Secretary of State in recovering, or attempting to recover, any compensation from the offender or the applicant; and C >>( c ) any sum paid by the Secretary of State under Article 12(5). N Recovery from applicant A > 17. (1) Where C >>( a ) compensation is paid to or for the benefit of any applicant under this Order; and C >>( b ) there has been or is subsequently paid to or for the benefit of the applicant by way of reparation or damages from the offender or on the offender's behalf any sum which has not been taken into account under Article 10(1)( c ) at the time of assessing compensation, B the person receiving any such sum shall forthwith notify the Secretary of State and shall, subject to paragraph (2), forthwith reimburse to the Secretary of State N >>(i) the amount of the compensation paid to or for the benefit of the applicant, if that amount is equal to or less than that sum; or E >>(ii) that sum, if the amount of the compensation paid is greater; B but so that no person shall be required by virtue of this paragraph to reimburse, in all, to the Secretary of State more than the amount of the compensation paid by the Secretary of State in respect of the application to which the compensation relates. B>(2) Where compensation is paid to or for the benefit of any applicant and civil proceedings have been or are subsequently instituted in any court against the offender as a result of the act which gave rise to the claim for compensation and C >>( a ) that court awards damages against the offender in favour of the applicant; or C >>( b ) the parties agree to settle the proceedings in consideration of the payment by the offender to or for the benefit of the applicant of an agreed amount of damages; B that court may order the offender to pay the damages so awarded or agreed, or any part thereof, into court. B>(3) Where a court makes an order under paragraph (2) C >>( a ) it shall direct E >> >(i) the payment to the Secretary of State out of any money paid into court under its order of such amount or sum as would have been reimbursed to him under paragraph (1) if that money had been paid to or for the benefit of the applicant, and E >>> (ii) that the balance, if any, of the money paid into court under this Order shall be paid to the applicant or otherwise dealt with for the benefit of the applicant as the court may, in the circumstances of the case, consider proper; and C >>( b ) any amount or sum so paid to the Secretary of State by virtue of the direction of the court shall be deemed to have been paid to the Secretary of State under paragraph (1). B >(4) Where, on an application made to it by the Secretary of State, the county court is satisfied C >>( a ) that the Secretary of State has paid compensation to any person; but C >>( b ) that that person failed to make full and true disclosure of all the facts material to the determination of the application, B the county court may make an order requiring that person to reimburse to the Secretary of State the compensation or such part of it as the court may specify. B>(5) Any sum required to be reimbursed under paragraph (1), (3) or (4) and not so reimbursed C >>( a ) shall be recoverable as a debt due to the Secretary of State; C >>( b ) may, without prejudice to the right of the Secretary of State to sue in the High Court or to any other remedy for the recovery thereof, and irrespective of the amount thereof, be recoverable by the Secretary of State in the county court by civil bill or summarily as a civil debt. B >(6) Any person who, being required by paragraph (1) to notify the Secretary of State of the receipt of any sum by way of reparation or damages, fails to do so without reasonable cause shall, without prejudice to his liability under that paragraph to reimburse any sum to the Secretary of State, be guilty of an offence and shall, on summary conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding #500 or to both. B>(7) In this Article ""offender'' includes any person who committed the act which gave rise to the claim for compensation. N Evidence ]
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