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

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Retention and return when court proceedings have been commencedE+W

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15.—(1) A seizure authority must deal with seized property in accordance with paragraph (2) where—

(a)before the date of the determination notice, the authority has commenced proceedings in respect of the offence, or one of the offences, in relation to which the property was seized;

(b)such an offence is a forfeiture offence; and

(c)the authority is of the opinion that it is necessary to retain the seized property in respect of such proceedings.

(2) The duty in relation to the seized property is to—

(a)retain it during the continuance of such proceedings while the seizure authority is of the opinion in paragraph (1)(c); and

(b)return it in accordance with regulation 18.

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