Education Act 1996

[F1 550ZD Section 550ZC: supplementary E+W

(1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a)[F2 , (6A)(a)] or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(2) Subsection (3) applies where a person—

(a) seizes, retains or disposes of [F3 an item within subsection (2A)] under section 550ZC; and

(b) proves that the seizure, retention or disposal was lawful.

[F4 (2A) The items referred to in subsection (2)(a) are—

(a) alcohol or its container;

(b) a controlled drug;

(c) a stolen article;

(d) an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g).

(2B) Subsection (3) also applies where a person—

(a) erases data or a file from an electronic device under section 550ZC(6F); and

(b) proves that the erasure was lawful.]

(3) That person is not liable in any proceedings in respect of—

(a) the seizure, retention[F5 , disposal or erasure]; or

(b) any damage or loss which arises in consequence of it.

(4) Subsections (2)[F6 , (2B)] and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

(5) Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.]

Textual Amendments

F1 Ss. 550ZA-550ZD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F2 Words in s. 550ZD(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(a), 82(3); S.I. 2012/924, art. 2

F3 Words in s. 550ZD(2)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(b), 82(3); S.I. 2012/924, art. 2

F4 S. 550ZD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(c), 82(3); S.I. 2012/924, art. 2

F5 Words in s. 550ZD(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(d), 82(3); S.I. 2012/924, art. 2

F6 Word in s. 550ZD(4) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(e), 82(3); S.I. 2012/924, art. 2