SCHEDULE 1Powers in relation to equipment seized under section 47

2

(1)

Any seized equipment may be retained—

(a)

during the period of 28 days beginning with the seizure; or

(b)

if it is related equipment in proceedings for a noise offence instituted within that period against any person, until—

(i)

that person is sentenced or otherwise dealt with for, or acquitted of, the offence; or

(ii)

the proceedings are discontinued.

(2)

Sub-paragraph (1) does not authorise the retention of seized equipment if—

(a)

a person has been given a fixed penalty notice under section 46 in respect of any noise;

(b)

the equipment was seized because of its use in the emission of the noise in respect of which the fixed penalty notice was given; and

(c)

that person has paid the fixed penalty before the end of the period allowed for its payment.