- Latest available (Revised)
- Point in Time (08/05/2017)
- Original (As enacted)
Version Superseded: 01/12/2020
Point in time view as at 08/05/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Police (Property) Act 1897, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A Secretary of State may make regulations for the disposal of property which has come into the possession of the police under the circumstances mentioned in this Act in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto.
(2)The regulations may authorise the sale of any such property, and the application of the proceeds of any such sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes:
(a)the expenses of executing the regulations;
(b)the payment of reasonable compensation to any person by whom the property has been delivered into the possession of the police;
(c)the making of payments for the benefit of discharged prisoners or of persons dependent on prisoners or discharged prisoners; or
(d)such other purposes as the Secretary of State may consider expedient.
[F1(2A)The regulations may also provide that where, in the case of property other than money—
(a)the property has remained in the possession of the police for a year,
(b)the police would under the regulations have power to sell the property,
(c)in the opinion of the [F2relevant body], the property can be used for police purposes, and
(d)the [F2relevant body] determine, in such manner as may be prescribed by the regulations, that the property is to be retained by [F3the relevant body],
the [F2relevant body] is to become the owner of the property on the making of the determination or at such later time as the regulations may specify.
[F4(2B)The [F5relevant body] for the purposes of subsection (2A) is the [F6local policing body].]]
(3)Where the property is a perishable article or its custody involves unreasonable expense or inconvenience it may be sold at any time, but the proceeds of sale shall not be disposed of until they have remained in the possession of the police for a year. In any other case the property shall not be sold until it has remained in the possession of the police for a year.
(4)The regulations may also provide for the investment of money and for the audit of accounts.
[F7(4A)The regulations may also provide for the publication of determinations falling within subsection (2A)(d) above.]
(5)The regulations shall apply whether the property to which they relate has come into the possession of the police before or after . . . F8 the making of the regulations.
[F9(6)In relation to England and Wales, the power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument made in the exercise of that power is subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In relation to Northern Ireland, the power to make regulations under this section is exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979; and regulations made in the exercise of that power are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M2Statutory Instruments Act 1946 shall have effect accordingly.]
Textual Amendments
F1S. 2(2A)(2B) inserted (19.5.1997) by 1997 c. 30, ss. 1(2), 7(2)
F2Words in s. 2(2A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F3Words in s. 2(2A)(d) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F4S. 2(2B) substituted (1.10.2002) by 2002 c. 30, s. 77(2); S.I. 2002/2306, art. 2(d)(viii)
F5Words in s. 2(2B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F6Words in s. 2(2B) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 62(3)(b); S.I. 2011/3019, art. 3, Sch. 1
F7S. 2(4A) inserted (19.5 1997) by 1997 c. 30, ss. 1(3), 7(2)
F8Words repealed by Statute Law Revision Act 1908 (c. 49)
F9S. 2(6)(7) substituted for s. 2(6) (19.5.1997) by 1997 c. 30, ss. 1(4), 7(2)
Modifications etc. (not altering text)
C1S. 2 extended (25.8.2000) by 2000 c. 6, ss. 144(2)-(4), 168(1)
C2S. 2(1) amended by Powers of Criminal Courts Act 1973 (c. 62), s. 43(5)
C3S. 2(2A) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 1(2)
C4S. 2(2A)(a) excluded (E.W.) (19.5.1997) by 1973 c. 62, s. 43(7) (as inserted (19.5.1997) by 1997 c. 30, ss. 2(3), 7(2))
S. 2(2A)(a) excluded (N.I.) (19.5.1997) by S.I. 1994/2795, art. 11(8B) (as inserted (19.5.1997) by 1997 c. 30, ss. 3(3), 7(2))
C5S. 2(3) excluded (E.W.) (19.5.1997) by 1973 c. 62, s. 43(7) (as inserted (19.5.1997) by 1997 c. 30, ss. 2(3), 7(2))
S. 2(3) excluded (N.I.) (19.5.1997) by S.I. 1994/2795, art. 11(8B) (as inserted (19.5.1997) by 1997 c. 30, ss. 3(3), 7(2))
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: