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18. Section 22 (retention) is to be read as if—
(a)for subsection (1), there were substituted—
“(1) Subject to subsection (4) below, anything which has been—
(a)seized by a labour abuse prevention officer;
(b)taken away by a labour abuse prevention officer following a requirement made by virtue of section 19 or 20 above, or
(c)seized or taken away by another person under any enactment and accepted by a labour abuse prevention officer,
may be retained so long as is necessary in all the circumstances.”;
(b)after subsection (2), there were inserted—
“(2A) Nothing in subsections (1) or (2) prevents anything lawfully seized by a labour abuse prevention officer from being accepted and retained by a constable.”;
(c)in subsection (3), for the words “no longer in police detention” to the end there were substituted “delivered into the custody of a constable under section 30(1A)”; and
(d)after subsection (3), there were inserted—
“(3A) Where a labour abuse prevention officer delivers into the custody of a constable a person from whom an item was seized on one of the grounds mentioned in subsection (3), the labour abuse prevention officer shall give the seized item to the constable or, if that is not practicable, to the custody officer at the police station at which the person is detained.
(3B) The item mentioned in subsection (3A) is to be treated as if it had been seized by the constable under subsection (3) on one of the grounds mentioned in that subsection.
(3C) No such item may be retained by a constable when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.”.
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