44Unlicensed street trading under Act of 1990
(1)Section 38 (unlicensed street trading) of the Act of 1990 is amended as follows.
(2)In subsection (4)—
(a)at the beginning, the words “Subject to section 38A (seizure of perishable items) of this Act”, are inserted;
(b)the proviso is omitted.
(3)In subsection (4C)—
(a)in paragraph (a), at the beginning, the words “Subject to section 38B (motor vehicles) of this Act,” are inserted;
(b)in paragraph (e), for “identify that person and” substitute “identify that person or”;
(c)for paragraph (f) substitute—
“(f)paragraph (g) below applies where the article, thing, receptacle or equipment is not returned because—
(i)it has not proved possible to identify the person from whom it was seized or ascertain his address; or
(ii)the person from whom it was seized and the owner (if different) have disclaimed or refused to accept it.
(g)where this paragraph applies, the council may make a complaint to the magistrates' court for a disposal order under section 38C (disposal orders) of this Act (whether or not proceedings for an offence under this section have been commenced).”.