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2(1)Any seized equipment may be retained—
(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.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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