Part V Public Order: F2Unauthorised encampments and Collective Trespass or Nuisance on Land

Annotations:
Amendments (Textual)
F2

Words in Pt. 5 heading inserted (E.W.) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 83(2), 208(5)(i)

Retention and charges for seized property

I167 Retention and charges for seized property.

1

Any vehicles which have been seized and removed by a constable under section 62(1) F1, 62C(3) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below.

2

Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63.

3

The Secretary of State may make regulations—

a

regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and

b

prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.

4

Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority.

5

Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances.

6

Any charges under subsection (4) above shall be recoverable as a simple contract debt.

7

Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid.

8

The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

9

In this section—

  • “conclusion of proceedings” against a person means—

    1. a

      his being sentenced or otherwise dealt with for the offence or his acquittal;

    2. b

      the discontinuance of the proceedings; or

    3. c

      the decision not to prosecute him,

    whichever is the earlier;

  • “sound equipment” has the same meaning as in section 64; and

  • “vehicle” has the same meaning as in section 61.