London Local Authorities Act 2012

15 Seizure: notices

(1) In this section ”relevant item" means—

(a) any receptacle used or intended to be used in the Borough in the sale, offer for sale, display, or exposing for sale of refreshments which has been seized under subsection (4) or (4A) of section 38 (unlicensed street trading) of the Act of 1990;

(b) any receptacle or equipment seized under section 14.

(2) An authorised officer of the Council or a constable—

(a) may give a notice under this section to the person from whom a relevant item falling within subsection (1)(a) was seized (but no such notice may be given under this paragraph in respect of a motor vehicle);

(b) shall give a notice under this section to the person from whom a relevant item falling within subsection (1)(b) was seized under section 14,

and any such notice must be given as soon as reasonably practicable after the item was seized.

(3) A notice under this section shall be in such form as the Council may prescribe, and shall—

(a) explain that unless the recipient of the notice completes it in accordance with subsection (4) and then returns it to the Council in accordance with subsection (5), the Council may dispose of the relevant item in question in accordance with section 16; and

(b) set out—

(i) the address to which the completed notice should be returned;

(ii) the date by which it must be returned (which must be no earlier than the date on which expires the period of 14 days beginning with the date on which the notice was given under subsection (2) above).

(4) A notice under this section is completed by writing, in the appropriate place on the notice—

(a) the name and full postal address of the recipient of the notice under subsection (2); and

(b) (in the case of a notice given in accordance with subsection (2)(a)) confirmation—

(i) that that person intends to contest any criminal proceedings brought in respect of the alleged offence in respect of which the item in question was seized; or

(ii) if not, that he requires the Council to make a complaint for a disposal order under section 38C of the Act of 1990 (disposal orders) in respect of the relevant item in question; and

(c) (in the case of a notice given in accordance with subsection (2)(b) above) confirmation that that person requires the Council to make a complaint for a disposal order under the said section 38C in respect of the relevant item in question; and

(d) the signature of that person; and

(e) the date on which it was signed.

(5) A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) on or before the date as mentioned in that subsection

(6) If a notice given in accordance with subsection (2) is completed and returned in accordance with subsections (4) and (5) the Council must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—

(a) make a complaint to the magistrates' court for a disposal order under section 38C of the Act of 1990 in respect of the relevant item in question; or

(b) return the relevant item in question to the person whose name and address are written on the returned notice,

unless, before the expiry of that period, an information has been laid and not withdrawn in respect of any alleged offence in respect of which the item was seized.

(7) Any person who, in completing a notice under subsection (4) makes a statement which he knows to be false in a material particular shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.