Waste
I12Detention of seized property
1
In Article 5F of the 1997 Order (seizure of vehicles) after paragraph (3) insert—
3A
Regulations making provision under paragraph (3)(b)—
a
must (subject to sub-paragraph (b)) provide for seized property to be returned as mentioned in paragraph (3)(b) before the expiry of a period specified in the regulations;
b
may provide for a magistrates' court, on an application by the Department, to authorise the Department to retain the seized property until such date or the happening of such event as the court may specify;
c
must, if they contain provision under sub-paragraph (b), provide for any person claiming to be entitled to the property to be afforded an opportunity to be heard by the court before it determines the application.
2
In Article 42A of the 1997 Order (seizure of vehicles) after paragraph (3) insert—
3A
Regulations making provision under paragraph (3)(b)—
a
must (subject to sub-paragraph (b)) provide for seized property to be returned as mentioned in paragraph (3)(b) before the expiry of a period specified in the regulations;
b
may provide for a magistrates' court, on an application by the Department, to authorise the Department to retain the seized property until such date or the happening of such event as the court may specify;
c
must, if they contain provision under sub-paragraph (b), provide for any person claiming to be entitled to the property to be afforded an opportunity to be heard by the court before it determines the application.