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Version Superseded: 29/12/2003
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Telecommunications Act 1984, Section 83 is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Any property seized by a person authorised by the Secretary of State in pursuance of a warrant under section 15(1) of the 1949 Act or in exercise of the power conferred by section 79(3) above may be detained—
(a)until the end of the period of six months beginning with the date of the seizure; or
(b)if proceedings for an offence to which section 79 above applies involving that property or proceedings for forfeiture of that property under section 80 or 81 above are instituted within that period, until the conclusion of those proceedings.
(2)After the end of the period for which its detention is authorised by virtue of subsection (1) above, any such property which—
(a)remains in the possession of the Secretary of State; and
(b)has not been ordered to be forfeited under section 14 of the 1949 Act (which includes provision for forfeiture of wireless telegraphy apparatus used in the commission of certain offences) or under section 80 or 81 above;
shall be dealt with in accordance with the following provisions of this section (and references in those provisions to the relevant property are references to any property to which this subsection applies).
(3)The Secretary of State shall take reasonable steps to deliver the relevant property to any person appearing to him to be its owner.
(4)Where the relevant property remains in the possession of the Secretary of State after the end of the period of one year immediately following the end of the period for which its detention is authorised by subsection (1) above, the Secretary of State may dispose of it in such manner as he thinks fit.
(5)The delivery of the relevant property in accordance with subsection (3) above to any person appearing to the Secretary of State to be its owner shall not affect the right of any other person to take legal proceedings against the person to whom it is delivered or against anyone subsequently in possession of the property for the recovery of the property.
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