- Latest available (Revised)
- Original (As made)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Prospective
2. In these Regulations—
“the 1989 Act” means the Control of Pollution (Amendment) Act 1989;
“the 1990 Act” means the Environmental Protection Act 1990;
“claim period” means the period determined in accordance with regulation 10;
“date of seizure” means the date on which the property was seized under section 5 of the 1989 Act(1) (power to require production of authority, stop and search etc.) or section 34B of the 1990 Act(2) (power to search and seize vehicles etc.);
“date of the determination notice” means the date on which the determination notice is given in accordance with regulation 12(2)(b);
“date of the seizure notice” means the first working day on which the period for display of the seizure notice begins in accordance with regulation 7(1)(a)(i);
“determination notice” means the notice given in accordance with regulation 12(1)(c);
“entitled person” means a person determined under regulation 12(1)(a) as entitled to all or part of the seized property;
“forfeiture offence” means an offence specified in section 33C(1) of the 1990 Act (section 33 offences: forfeiture of vehicles), in respect of which an order for forfeiture can be made under subsection (2) of that section(3);
“relevant collection period” means the period determined in accordance with regulation 12(1)(b)(ii);
“seizure authority” means—
“seizure notice” means a notice given in accordance with regulation 7(1);
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(6).
Commencement Information
I1Reg. 2 in force at 6.4.2015, see reg. 1(1)
Section 5 was substituted (together with section 5A), in relation to England and Wales, by the Clean Neighbourhoods and Environment Act 2005, section 37. It was amended by the 1990 Act, Schedule 15, paragraph 31.
Section 34B was inserted, in relation to England and Wales, by the Clean Neighbourhoods and Environment Act 2005, section 46(1). It was amended by S.I. 2005/2900, 2007/3538, 2010/675 and 2013/755.
Section 33C was inserted, in relation to England and Wales, by the Clean Neighbourhoods and Environment Act 2005, section 44(1). Section 33C(1) was substituted, in relation to England and Wales, by S.I. 2007/3538 and amended, in relation to England and Wales, by S.I. 2010/675.
For the definition of “regulation authority”, see section 9(1), (1A) and (1AA) of the 1989 Act.
For the definition of “enforcement authority”, see section 34B(11) of the 1990 Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: