[F127BSeizure: noticesU.K.

(1)In this section, ”relevant item" means—

(a)any receptacle used in the sale, offer for sale, display, or exposing for sale of refreshments which has been seized under section (1) or (2) of section 27A (seizure) of this act;

(b)any receptacle or equipment seized under subsection (3) of that section.

(2)An authorised officer or a constable—

(a)may give a notice under this section to the person from whom a relevant item falling within subsection (1)(a) above was seized (but no such notice may be given under this paragraph in respect of a motor vehicle);

(b)shall give a notice under this section to the person from whom a relevant item falling within subsection (1)(b) above was seized,

and any such notice must be given as soon as reasonably practicable after the item was seized.

(3)A notice under this section shall be in such form as the council may prescribe, and shall—

(a)explain that unless the recipient of the notice completes it in accordance with subsection (4) below and then returns it to the council in accordance with subsection (5) below, the council may dispose of the relevant item in question in accordance with section 27D (disposal of seized objects by council) of this Act; and

(b)set out—

(i)the address to which the completed notice should be returned;

(ii)the date by which it must be returned (which must be no earlier than the date on which expires the period of 14 days beginning with the date on which the notice was given under subsection (2) above).

(4)A notice under this section is completed by writing, in the appropriate place on the notice—

(a)the name and full postal address of the recipient of the notice under subsection (2) above; and

(b)(in the case of a notice given in accordance with subsection (2)(a) above) confirmation that that person—

(i)intends to contest any criminal proceedings brought in respect of the alleged offence in respect of which the item in question was seized;

(ii)if not, that he requires the council to make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; and

(c)(in the case of a notice given in accordance with subsection (2)(b) above) confirmation that that person requires the council to make a complaint for a disposal order under the said section 27I in respect of the relevant item in question; and

(d)the signature of that person; and

(e)the date on which it was signed.

(5)A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) above on or before the date as mentioned in that subsection.

(6)If a notice given in accordance with subsection (2) above is completed and returned in accordance with subsections (4) and (5) above the council must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—

(a)make a complaint to the magistrates' court for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; or

(b)return the relevant item in question to the person whose name and address are written on the returned notice,

unless, before the expiry of that period, an information has been laid and not withdrawn in respect of any alleged offence in respect of which the item was seized.]

Textual Amendments