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Psychoactive Substances Act 2016

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This is the original version (as it was originally enacted).

45Further provision about seizure under section 43

This section has no associated Explanatory Notes

(1)Where—

(a)any items which a relevant enforcement officer wishes to seize and remove are in a container, and

(b)the officer reasonably considers that it would facilitate the seizure and removal of the items if they remained in the container for that purpose,

any power to seize and remove the items conferred by section 43 includes power to seize and remove the container.

(2)If a container is seized under this section, reasonable efforts must be made to return it to—

(a)the person from whom it was seized, or

(b)(if different) a person to whom it belongs.

(3)Subsection (2) does not apply—

(a)if the container appears to be of negligible value,

(b)if it is not practicable for the container to be returned, or

(c)while the container is or may be needed for use as evidence at a trial for an offence.

(4)If, in the opinion of a relevant enforcement officer, it is not for the time being practicable for the officer to seize and remove any item, the officer may require—

(a)the person from whom the item is being seized, or

(b)where the officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises, any person in or on the premises,

to secure that the item is not removed or otherwise interfered with until such time as the officer may seize and remove it.

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