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Civic Government (Scotland) Act 1982
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Civic Government (Scotland) Act 1982, Paragraph 5 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 22(1)(c) repealed by 2015 asp 10 s. 65(3)
- s. 49(9) added by 2010 asp 13 s. 200(1)(b)
[F15(1)Subject to sub-paragraphs (5) and (6) below, the owner or any person having right to possession of any property to which this Schedule applies and which, at the expiry of the period of retention permitted by paragraph 2 above, is in the possession of the chief constable may at any time prior to its disposal under paragraph 6 below claim that property in accordance with such procedure as the chief constable may determine.S
(2)Subject to sub-paragraphs (3), (5) and (6) below, where the chief constable considers that the person making a claim in accordance with the procedure determined under sub-paragraph (1) above is the owner of the property or has a right to possession of it, he shall deliver the property to the claimant.
(3)Subject to sub-paragraph (4) below, the chief constable may impose such conditions connected with the delivery to the claimant of property under sub-paragraph (2) above as he thinks fit and, without prejudice to that generality, such conditions may relate to the payment of such reasonable charges (including any reasonable expenses incurred in relation to the property by or on behalf of him) as he may determine.
(4)No condition relating to the payment of any charge shall be imposed by the chief constable on the owner or person having right of possession of the property where he is satisfied that that person did not know, and had no reason to suspect, that the property to which this Schedule applies was likely to be used in a manner which gave rise to its seizure.
(5)This paragraph does not apply where the period of retention expires in such manner as is mentioned in paragraph 2(2)(b)(i) above and the court by which he was convicted has made a suspended forfeiture order or a restraint order in respect of the property to which this Schedule applies.
(6)This paragraph shall cease to apply where at any time—
(a)the property to which this Schedule applies—
(i)is seized under any other power available to a constable; or
(ii)passes into the possession of the prosecutor; or
(b)proceedings for an offence are instituted, where the property to which this Schedule applies is required as a production.]
Textual Amendments
F1Sch. 2A inserted (1.12.1998) by 1998 c. 37, s. 24(4), Sch. 1; S.I. 1998/2327, art. 4
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