The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Forfeiture: England and Wales and Northern Ireland U.K.

13.—(1) An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any equipment on the grounds that there has been a contravention in relation thereto of regulation 7.

(2) An application under this paragraph may be made—

(a) where proceedings have been brought in a magistrates’ court in respect of an offence in relation to the equipment under regulation 18;

(b) where an application with respect to some or all of the equipment has been made to a magistrates’ court under paragraph 5 or 7 above, to that court; and

(c) where no application for the forfeiture of the equipment has been made under paragraph (a) or (b) above, by way of complaint to a magistrates’ court.

(3) On an application under this paragraph the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 7.

(4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if it is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(5) Any person aggrieved by an order made under this paragraph by a magistrates’ court, or by a decision of such 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 an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

(6) Subject to sub-paragraph (7) below, where any equipment is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

(7) On making an order under this paragraph a magistrates’ court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

(a) does not supply the equipment to any person otherwise than—

(i) to a person who carries on a business of buying equipment of the same description as the first mentioned equipment and repairing or reconditioning it; or

(ii) as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself); and

(b) complies with any order to pay costs or expenses (including any order under paragraph 15 below) which has been made against that person in the proceedings for the order of forfeiture.