City of Westminster Act 1999

[F1 27C Return of seized items U.K.

(1) The provisions of this section shall have effect where any item is seized under subsection (1) of section 27A (seizure) of this Act (except where a notice is given under section 27B(2)(a) (seizure: notices) in respect of the item) or is seized and retained because it is required for evidential purposes under subsection (2) of the said section 27A and references in those provisions to proceedings are to proceedings in respect of the alleged offence in relation to which the item is seized.

(2) Subject to subsection (6) below, following the conclusion of the proceedings the item shall be returned to the person from whom it was seized unless—

(a) the court orders it to be forfeited under section 27E (forfeiture of seized items by the court) of this Act; or

(b) any award of costs to the council by the court, which may include removal, return and storage costs, have not been paid within 28 days of the making of the order.

(3) Where after 28 days any costs awarded by the court to the council have not been paid to the council in full, the item may be disposed of in any way the council thinks fit and any sum obtained by the council in excess of the costs awarded by the court shall be returned to the person to whom the item belongs and when any item is disposed of by the council under this subsection the council shall have a duty to secure the best possible price which can reasonably be obtained for that item.

(4) Subject to subsection (5) below, where a receptacle seized under subsection (1) of the said section 27A is a motor vehicle used for ice cream trading the council or the Commissioner (as the case may be) shall, within three days of the receipt of an application in writing by the owner or registered keeper of the vehicle, permit him to remove it.

(5) Subsection (4) above shall not apply where—

(a) the owner or registered keeper of the vehicle has been convicted of an offence under this Act or Part III of the London Local Authorities Act 1990; or

(b) the owner or registered keeper of the vehicle is being prosecuted for a previous alleged offence under this Act or Part III of the said Act of 1990; or

(c) the vehicle has been used in the commission of such an offence or previous alleged offence,

if the offence or previous alleged offence was committed or is alleged to have been committed no more than three years before the seizure and (in the case of an alleged offence) the proceedings are continuing.

(6) Subject to subsection (8) below, if no proceedings are instituted before the expiration of a period of 28 days beginning with the date of seizure, or any proceedings instituted within that period are discontinued, at the expiration of that period or, as the case may be, on the discontinuance of the proceedings, the item shall be returned to the person from whom it was seized unless it has not proved possible, after diligent enquiry, to identify that person or ascertain his address.

(7) Subsection (8) below applies where the item is not returned because—

(a) it has not proved possible to identify the person from whom it was seized or ascertain his address; or

(b) the person from whom it was seized and the owner (if different) have disclaimed or refused to accept it.

(8) Where this subsection applies, the council may make a complaint to the magistrates' court for a disposal order under section 27I (disposal orders) of this Act (whether or not proceedings for an offence under this section have been commenced).]

Textual Amendments

F1 Ss. 27-27I substituted for ss. 27-27C (27.5.2012) by virtue of London Local Authorities Act 2012 (c. ii), ss. 1(3), 10(6)-(18), Sch. 1 paras. 2-8, Sch. 2