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Environmental Protection Act 1990

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Changes over time for: Section 34C

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No versions valid at: 01/09/1994

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Point in time view as at 01/09/1994. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Environmental Protection Act 1990, Section 34C is up to date with all changes known to be in force on or before 09 March 2025. 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. Help about Changes to Legislation

Valid from 16/03/2006

[F134CSeizure of vehicles etc: supplementaryE+W

(1)Where under section 34B above an authorised officer or constable seizes a vehicle or its contents (“seized property”) on behalf of an enforcement authority, the authority may remove the seized property to such a place as it considers appropriate.

(2)An enforcement authority must deal with any seized property in accordance with regulations made by the appropriate person.

(3)Regulations under subsection (2) above may in particular include provision as to—

(a)the duties of enforcement authorities in relation to the safe custody of seized property;

(b)the circumstances in which they must return any such property to a person claiming entitlement to it;

(c)the manner in which such persons, and the seized property to which they are entitled, may be determined;

(d)the circumstances in which an enforcement authority may sell, destroy or otherwise dispose of seized property;

(e)the uses to which the proceeds of any such sale may be put.

(4)Regulations making provision under subsection (3)(d) above—

(a)must (subject to paragraph (c) below) require the enforcement authority to publish a notice in such form, and to take any other steps, as may be specified in the regulations for informing persons who may be entitled to the seized property that it has been seized and is available to be claimed;

(b)must (subject to paragraph (c) below) prohibit the authority from selling, destroying or otherwise disposing of any seized property unless a period specified in the regulations has expired without any obligation arising under the regulations for the authority to return the property to any person;

(c)may allow for the requirements in paragraphs (a) and (b) above to be dispensed with if the condition of the seized property requires its disposal without delay.

(5)The appropriate person may issue guidance to enforcement authorities in relation to the performance of their functions under regulations under subsection (2) above.]

Textual Amendments

F1Ss. 34B, 34C and preceding cross-heading inserted (E.W.) (16.3.2006 for certain purposes for W. and otherwise prosp.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 46(1), 108 (as amended by The Waste (Household Waste Duty of Care) (England and Wales) Regulations 2005 (S.I. 2005/2900), reg. 3); S.I. 2006/768, art. 3

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