The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for how seized property must be dealt with in England and Wales, where property is seized under section 5 of the Control of Pollution (Amendment) Act 1989 (c. 14) (“the 1989 Act”) (power to require production of authority, stop and search etc.) or section 34B of the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) (power to search and seize vehicles etc.). The Environment Agency, the Natural Resources Body for Wales and a waste collection authority (“a seizure authority”) can seize property under these powers.

Part 2 sets out the general duties of a seizure authority in relation to seized property, including keeping the property in safe custody until it is returned or disposed of (regulation 5). Where the seized property is a vehicle, the seizure authority must take steps to identify the registered keeper or person entitled to possession (regulation 6). The seizure authority must take steps to inform persons who may be entitled to seized property of the seizure (regulations 7 to 9).

Part 3 provides for the retention and return of seized property. The seizure authority must return it if a person has claimed the seized property within a prescribed period and the authority has determined that the person is entitled (regulations 10 to 14). If the property was seized in respect of an offence specified in section 33C(1) of the 1990 Act (section 33 offences: forfeiture of vehicles) and court proceedings are commenced in respect of such an offence, the seizure authority must retain and return the seized property in prescribed circumstances (regulations 15 and 17). If there is an investigation of an offence in respect of the seized property, the seizure authority must retain and return the property in prescribed circumstances (regulation 16). The seizure authority must return the seized property in the circumstances mentioned in regulation 18. The duty to return ends in the circumstances mentioned in regulation 19.

Part 4 provides for when seized property may be sold, destroyed or disposed of. Sale, destruction or disposal of seized property is permitted where the notification requirements in Part 2 have been complied with, the claim period has ended and no valid claim has been made in accordance with Part 3, or the duty to return arose but has ceased (regulation 21). Notification of sale, destruction or disposal is required (regulations 23 and 24). Sale proceeds may be used to meet certain expenses incurred by the seizure authority but a person who can show entitlement to the property within three months of the date of sale may claim the net proceeds of sale (excluding expenses incurred in relation to the seizure, retention and sale of that property) (regulation 25).

Part 5 provides for the consequential revocation of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 (S.I. 1991/1624), which relate to the treatment of vehicles seized under section 6 of the 1989 Act (regulation 26). Regulation 27 provides that those Regulations continue to have effect in relation to vehicles seized under section 6 before 6th April 2015.

An impact assessment has not been produced for this instrument as no impact on the costs of business is foreseen. An Explanatory Memorandum is available alongside the instrument at www.legislation.gov.uk .