City of Westminster Act 1999

[F1 27D Disposal of seized objects by council U.K.

(1) The council may, in such manner as they think fit, dispose of—

(a) any relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (1) or (2) of section 27A (seizure) of this Act if, in respect of the alleged offence in question—

(i) a fixed penalty is paid in accordance with section 16 of the London Local Authorities Act 2004 (c. i) before the expiry of the period mentioned in subsection (2) of that section; and

(ii) the fixed penalty notice contained or was accompanied by written notice that the recipient could require the council on or before the time when the fixed penalty was paid 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

(iii) no such requirement was made of the council on or before that time; or

(b) any such relevant item seized under subsection (1), (2) or (3) of the said section 27A if a notice was given under section 27B (seizure: notices) as soon as reasonably practicable after the article or thing was seized and the notice was not completed and returned to the council in accordance with subsections (4) and (5) of that section.

(2) The council may recover their costs of disposing of a relevant item under subsection (1) above from the person from whom the object was seized.

(3) Where a requirement of the sort mentioned under subsection (1)(a)(ii) was made on or before the time when the fixed penalty was paid, the council must make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question.]

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