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The Public Regulated Service (Galileo) Regulations 2018

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Power to seize and detain products

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28.—(1) An officer may exercise the power in paragraph (2) only in relation to a PRS product which the officer reasonably considers—

(a)is being used in breach of regulation 4 or a licence condition,

(b)is liable to forfeiture under regulation 13, and

(c)may be required as evidence in proceedings under these Regulations.

(2) An officer may seize and detain any PRS product.

(3) An officer seizing a product under this regulation from premises which are occupied must produce evidence of the officer’s identity and authority to an occupier of the premises before seizing them.

(4) An officer need not comply with paragraph (3) if it is not reasonably practicable to do so.

(5) An officer seizing a product under this regulation must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(6) In determining the steps to be taken under paragraph (5), an officer exercising a power under this regulation in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984(1), or

(b)a code of practice under article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989(2) (as the case may be).

(7) A product seized under this regulation may not be detained—

(a)for a period of more than three months beginning with the date on which they were seized, or

(b)where the product is reasonably required to be detained for a longer period by the compliance authority for a purpose for which it was seized, for longer than it is required for that purpose.

(1)

1984 c.60; section 66 was amended by the Criminal Justice and Court Services Act 2000 (c.43), section 57(4), the Serious Organised Crime Act 2005 (c.15), section 110(3) and Schedule 17, Part 2, and the Protection of Freedoms Act 2012 (c.9), Schedule 9, paragraph 21.

(2)

S.I. 1989/1341 (N.I. 12); relevant amendments are S.I. 2007/288 (N.I. 2), the Protection of Freedoms Act 2012 (c.9), Schedule 9, paragraph 22.

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