Local Government (Miscellaneous Provisions) Act 1982

[F1 25A (1) A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4).

(2) The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized.

(3) The authorised officer must provide the record within a reasonable time of the request being made.

(4) The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything—

(a) produced to the court; and

(b) shown to the satisfaction of the court to relate to the offence;

to be forfeited and dealt with in such manner as the court may order.

(5) But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1).

(6) Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court.

(7) The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.]

Textual Amendments

F1 Sch. 3 para. 25A inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(8), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

Modifications etc. (not altering text)

C1 Sch. 3 para. 25A: savings for effects of 2009 c. 26, s. 27(8) (W.) (with application in accordance with art. 3 of the amending S.I.) by The Policing and Crime Act 2009 (Transitional and Saving Provisions)(Wales) Order 2010 (S.I. 2010/1395), art. 9(3)