Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

SCHEDULE 1 S Powers in relation to equipment seized under section 47

Modifications etc. (not altering text)

C1 Sch. 1 applied (with modifications) by 1990 c. 43, s. 81(3C) (as inserted (1.12.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 144(1), 145(2), Sch. 4 para. 3; S.S.I. 2004/420, art. 3, Sch. 3)

2 (1) Any seized equipment may be retained— S

(a) during the period of 28 days beginning with the seizure; or

(b) if it is related equipment in proceedings for a noise offence instituted within that period against any person, until—

(i) that person is sentenced or otherwise dealt with for, or acquitted of, the offence; or

(ii) the proceedings are discontinued.

(2) Sub-paragraph (1) does not authorise the retention of seized equipment if—

(a) a person has been given a fixed penalty notice under section 46 in respect of any noise;

(b) the equipment was seized because of its use in the emission of the noise in respect of which the fixed penalty notice was given; and

(c) that person has paid the fixed penalty before the end of the period allowed for its payment.