C3C5 Part IV Enforcement of Parts II and III
Pt. IV applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
C1C2C4C9C10C7C6C8C11C12C13C14C1533 Appeals against detention of goods.
1
Any person having an interest in any goods which are for the time being detained under F3section 29(4) by an enforcement authority or by an officer of such an authority may apply for an order requiring the goods to be released to him or to another person.
2
An application under this section may be made—
a
to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—
i
for an offence in respect of a contravention in relation to the goods of any safety provision F1. . . ; or
ii
for the forfeiture of the goods under section 16 above;
b
where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or
c
in Scotland, by summary application to the sheriff.
3
On an application under this section to a magistrates’ court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied—
a
that proceedings—
i
for an offence in respect of a contravention in relation to the goods of any safety provision F2. . . ; or
ii
for the forfeiture of the goods under section 16 or 17 above,
have not been brought or, having been brought, have been concluded without the goods being forfeited; and
b
where no such proceedings have been brought, that more than six months have elapsed since the goods were seized.
4
Any person aggrieved by an order made under this section by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
a
in England and Wales, to the Crown Court;
b
in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the M1Magistrates’ Courts Act 1980 or Article 146 of the M2Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).
Pt. IV (ss. 27-35) applied (1.1.1993) by S.I. 1992/3139, reg. 3(2)(c) (which said S.I. 1992/3139 was revoked (15.5.2002) by S.I. 2002/1144, reg. 1(2), Sch. 11 para. 1)