Explanatory Notes

Public Health (Wales) Act 2017

2

3 July 2017

Commentary on Sections

Part 3.Tobacco and Nicotine Products

Chapter 1 - Smoking
Section 25 - Retained property: appeals

51.This section provides an additional safeguard relating to the powers of entry and inspection provisions. It enables a person with an interest in anything taken away from premises by an authorised officer under section 23(1)(c) to apply to a magistrates’ court for an order requesting the release of the property. Depending on the court’s consideration of an application, it may make an order requiring the release of the retained property.