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.