Compensation
27F
1
This section shall have effect where—
a
an item is seized under subsections (1) to (3) of section 27A (seizure) of this Act; and
b
either—
i
not less than six months have passed since the date of the seizure and no information has been laid against any person for an offence under section 27 (unlicensed street trading) in respect of the act or circumstances which occasioned the seizure; or
ii
proceedings for such an offence have been brought and either the person charged has been acquitted (whether or not on appeal) and the time for appealing against or challenging the acquittal (where applicable) has expired without an appeal or challenge being brought, or the proceedings (including any appeal) have been withdrawn by, or have failed for want of prosecution by, the person by whom the original proceedings were brought; or
iii
(in the case of a relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (3) of section 27A (seizure) of this Act) the council has failed to comply with subsection (6) of section 27B (seizure: notices) of this Act.
2
When this section has effect a person who has or at the time of seizure had a legal interest in the item seized may recover compensation from the council or (where it is seized by a constable) the Commissioner by civil action in the County Court in respect of any loss suffered by him as a result of the seizure and any such compensation shall not be included in the computation for calculating charges under section 22 (fees and charges) of this Act.
3
The court may only make an order for compensation under subsection (2) above if satisfied that seizure was not lawful under subsections (1) to (4) of section 27A (seizure) of this Act.
4
Any sums accruing to the council arising out of this section shall be included in the computation for calculating charges under the said section 22 of this Act.
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