PART 1General

Citation, commencement and extent1

1

These Regulations may be cited as the Control of Waste (Dealing with Seized Property) (England and Wales) Regulations 2015 and come into force on 6th April 2015.

2

These Regulations extend to England and Wales.

Interpretation2

In these Regulations—

  • “the 1989 Act” means the Control of Pollution (Amendment) Act 1989;

  • “the 1990 Act” means the Environmental Protection Act 1990;

  • “claim period” means the period determined in accordance with regulation 10;

  • “date of seizure” means the date on which the property was seized under section 5 of the 1989 Act3 (power to require production of authority, stop and search etc.) or section 34B of the 1990 Act4 (power to search and seize vehicles etc.);

  • “date of the determination notice” means the date on which the determination notice is given in accordance with regulation 12(2)(b);

  • “date of the seizure notice” means the first working day on which the period for display of the seizure notice begins in accordance with regulation 7(1)(a)(i);

  • “determination notice” means the notice given in accordance with regulation 12(1)(c);

  • “entitled person” means a person determined under regulation 12(1)(a) as entitled to all or part of the seized property;

  • “forfeiture offence” means an offence specified in section 33C(1) of the 1990 Act (section 33 offences: forfeiture of vehicles), in respect of which an order for forfeiture can be made under subsection (2) of that section5;

  • “relevant collection period” means the period determined in accordance with regulation 12(1)(b)(ii);

  • “seizure authority” means—

    1. a

      a regulation authority6 on whose behalf property is seized under section 5 of the 1989 Act; or

    2. b

      an enforcement authority7 on whose behalf property is seized under section 34B of the 1990 Act;

  • “seizure notice” means a notice given in accordance with regulation 7(1);

  • “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19718.

Notices3

1

Any notice required by these Regulations to be served on or given to a person may be served or given by—

a

personal delivery;

b

leaving it at the person’s proper address; or

c

sending it by post or by electronic means to the person’s proper address.

2

Any such notice may—

a

in the case of a body corporate, be served on or given to the secretary or clerk;

b

in the case of a partnership, be served on or given to a partner or a person having control or management of the partnership business.

3

For the purposes of this regulation, “proper address” means—

a

in the case of a body corporate or its secretary or clerk—

i

the registered or principal office of that body; or

ii

the email address of the secretary or clerk;

b

in the case of a partnership or a partner or person having control or management of the partnership business—

i

the principal office of the partnership; or

ii

the email address of a partner or a person having that control or management;

c

in any other case, a person’s last known address, including an email address.

4

For the purposes of this regulation, the principal office of a company registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom.