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Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999

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Disposal of property seized

22.—(1) The Department may sell, destroy or deposit at any place property seized under Article 43 of the 1997 Order if—

(a)the Department has published a notice in a newspaper circulating in the area in which the property was seized—

(i)giving the Department’s name, a brief description of the property seized and the vehicle’s registration mark (if any);

(ii)indicating the time and place at which, and the powers under which, it was seized on behalf of the Department;

(iii)stating that it may be claimed at the place and at the times specified in the notice and that, if no-one establishes within that period that he is entitled to the return of the property, the Department intends to dispose of it after the expiry of that period unless its condition requires its earlier disposal;

(b)the Department has served a copy of the notice on—

(i)any person on whom a notice under Article 44(1) of the 1997 Order has been served by virtue of regulation 19(3) in relation to the relevant vehicle;

(ii)the Chief Constable of the Royal Ulster Constabulary;

(iii)the Secretary of State for the Department of the Environment, Transport and the Regions;

(iv)such credit reference agency as it considers relevant; and

(c)either—

(i)the period of 28 days, beginning with and including the date on which notice is published under sub-paragraph (a) or, if later, a copy of that notice is served under sub-paragraph (b), has expired without any obligation arising under regulation 21 for the Department to return the property to any person; or

(ii)the condition of the property requires it to be disposed of without delay.

(2) The period specified in a notice under paragraph (1)(a)(iii) shall be the period mentioned in paragraph (1)(c)(i).

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