The Immigration (Disposal of Property) Regulations 2008

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations provide for the Secretary of State to dispose, sell or retain property.

Regulation 3 defines property to which these Regulations apply.

Regulation 4 (1) provides that the Secretary of State may not dispose of property for six months (in the case of property subject to a forfeiture order) and twelve months (in the case of other property). Under regulation 4(2) money which is property shall be paid into the consolidated fund as soon as is reasonably practicable.

Regulation 5 (1) and (2) provides for the sale of property other than money after the expiration of the relevant periods referred to in regulation 4. Under regulation 5(2) where the property is a perishable article or its custody involves unreasonable expense or inconvenience it may be sold at any time. Under regulation 5(3) the proceeds of all sales under these Regulations shall be paid into the Consolidated Fund. Regulation 4(4) provides that the Secretary of State may apply the moneys to defray reasonable expenses incurred in the conveyance, storage, and safe custody of the property and in connection with its sale and otherwise in executing these regulations.

Regulation 6 provides that if in the opinion of the Secretary of State property (other than money) can be used in the course of, or in connection with, a function under the Immigration Acts, the Secretary of State may determine that the property is to be retained by her and the property shall vest in the Secretary of State on the making of the determination. This is subject to the expiration of the relevant periods referred to in Regulation 4.

Regulation 7 provides that if the Secretary of State is satisfied that the nature of any property to which these regulations apply is such that it is not in the public interest that it should be sold or retained, it shall be destroyed or otherwise disposed of in accordance with the direction of the Secretary of State, after the expiration of the relevant periods referred to in regulation 4.