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The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

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Disposal of property seized

23.  (1)  The regulation authority may sell, destroy or deposit at any place property seized under section 6 of the 1989 Act if—

(a)the authority have published a notice in a newspaper circulating in the area in which the property was seized—

(i)giving the authority’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 authority;

(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 the period specified in the notice that he is entitled to the return of the property, the authority intend to dispose of it after the expiry of that period unless its condition requires its earlier disposal;

(b)the authority have served a copy of the notice on—

(i)any person on whom a notice under section 71(2) of the Environmental Protection Act 1990(1) has been served by virtue of regulation 20(3) in relation to the relevant vehicle;

(ii)the chief officer of the police force in whose area the property was seized;

(iii)the Secretary of State for Transport;

(iv)H.P. Information plc; and

(c)either—

(i)the period of 28 days, beginning with 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 22 for the regulation authority 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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